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Office of the Revisor of Statutes

HF 1233

as introduced - 88th Legislature (2013 - 2014) Posted on 03/11/2013 04:01pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42 2.43 2.44 2.45 2.46 2.47 2.48
2.49 2.50 2.51
2.52 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32
3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20
4.21 4.22 4.23 4.24 4.25 4.26
4.27
4.28 4.29 4.30 4.31 4.32
4.33
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10
5.11
5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23
5.24
5.25 5.26 5.27 5.28 5.29 5.30 5.31
6.1 6.2 6.3
6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12
6.13
6.14 6.15 6.16 6.17 6.18
6.19 6.20 6.21
6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4
7.5
7.6 7.7 7.8 7.9
7.10
7.11 7.12 7.13 7.14 7.15 7.16 7.17
7.18
7.19 7.20 7.21 7.22 7.23
7.24
7.25 7.26 7.27 7.28 7.29 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29
8.30
8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27
9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2
11.3
11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33
11.34
12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29
12.30
12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4
13.5
13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23
13.24
13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10
14.11
14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15
15.16
15.17 15.18 15.19 15.20 15.21 15.22
15.23
15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13
16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21
16.22
16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28
17.29
17.30 17.31 17.32 17.33 17.34 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 19.36 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 20.36 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10
21.11
21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23
21.24 21.25
21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22
22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16
23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26
23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 25.36 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 26.36 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 27.36 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 29.36 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 30.36 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 31.36 32.1 32.2 32.3
32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27
32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 33.36 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 34.36 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12
35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22
36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31
37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26
38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 39.1 39.2
39.3 39.4 39.5 39.6 39.7 39.8 39.9
39.10 39.11 39.12 39.13 39.14
39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22
39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32
40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9
40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17
40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34
41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 41.36 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26
42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 43.36 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 44.36 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24
45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 47.1 47.2 47.3 47.4 47.5 47.6 47.7
47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18
47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2
48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10
50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 52.1 52.2 52.3 52.4 52.5 52.6 52.7
52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15
53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28
53.29 53.30 53.31 53.32 53.33 53.34 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10
54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8
55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29
55.30 55.31 55.32 55.33 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16
56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35
58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22
58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34
59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25
59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13
60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22
60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30
60.31 60.32 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13
61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21
61.22 61.23 61.24 61.25 61.26 61.27 61.28
61.29 61.30 61.31 61.32 61.33 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30
62.31 62.32 62.33 62.34 62.35 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19
63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 64.36 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 65.36 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 66.36 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 67.35 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 68.36 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 69.36 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 72.36 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 75.36 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 78.36 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 80.36 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 81.35 81.36 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22
82.23 82.24
82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33
82.34 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23
83.24
83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 83.35 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 84.35 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12
85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23
86.24 86.25 86.26
86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 87.35 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9
88.10 88.11
88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19
88.20
88.21 88.22 88.23 88.24 88.25
88.26
88.27 88.28 88.29 88.30 88.31 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31
89.32
89.33 89.34 89.35 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20
90.21
90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9
91.10
91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 91.35 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10
92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27
92.28
92.29 92.30 92.31 92.32 92.33 93.1 93.2
93.3
93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14
93.15
93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24
94.25
94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 94.35 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26
95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 95.35 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18
96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11
97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26
97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 98.1 98.2 98.3 98.4 98.5 98.6
98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26
98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21
99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 99.35 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 100.35 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 102.35 102.36 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 103.36 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16
104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 104.35 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8
105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19
105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33
106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8
106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20
106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 107.35 107.36 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16
108.17
108.18 108.19 108.20 108.21 108.22 108.23 108.24
108.25 108.26
108.27 108.28 108.29 108.30 108.31 108.32 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 109.36 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 110.35 110.36 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35 111.36
112.1
112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29
112.30 112.31
112.32 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16
113.17
113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26
113.27 113.28
113.29 113.30 113.31 113.32 113.33 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32
114.33 114.34 114.35 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 115.34 115.35 115.36 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31
116.32 116.33 116.34 116.35 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13
117.14
117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25
117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12
118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 118.34 118.35 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 119.35 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24
121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 121.35 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24
122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 122.35 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 123.34 123.35 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16
124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 124.35 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 125.35 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 127.35 127.36 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 128.35 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 129.35 129.36 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9
130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 131.35 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 132.35 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 133.36 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 134.35 134.36 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 135.35 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 136.35 136.36 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 137.35 137.36 138.1 138.2
138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 138.34 138.35 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 139.35 139.36 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 140.34 140.35 140.36 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 141.35 141.36 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34 142.35 142.36 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 143.35 143.36 144.1 144.2 144.3 144.4 144.5
144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 145.35 145.36 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 146.35 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17
148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 149.35 149.36 149.37 149.38 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 151.35 151.36 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 152.34 152.35 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 153.35 153.36 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 154.34 154.35 154.36 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 155.35 155.36 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22
156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 156.35 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 157.35 157.36 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22
158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 159.36 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 160.35 160.36 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20
161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28
161.29 161.30 161.31 161.32 161.33 161.34 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 162.35 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13
163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 163.35
164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15
164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 165.35 165.36 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24
166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33
166.34
167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14
167.15
167.16 167.17 167.18 167.19 167.20 167.21 167.22
167.23
167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 168.1
168.2 168.3
168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 168.35 169.1 169.2 169.3 169.4
169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19
169.20 169.21 169.22 169.23 169.24
169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 170.1 170.2 170.3 170.4 170.5 170.6 170.7
170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21
170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16
171.17 171.18
171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29
171.30 171.31 171.32 171.33 171.34 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15
172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34 172.35 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12
173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 173.34 173.35 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 174.34 174.35 174.36 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 175.34 175.35 175.36 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 176.34 176.35 176.36 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 177.33 177.34 177.35 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 178.33 178.34 178.35 178.36 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 179.34 179.35 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33 180.34 180.35 180.36 181.1 181.2 181.3 181.4 181.5 181.6
181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 181.34 181.35 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 182.35 182.36 183.1 183.2 183.3 183.4 183.5 183.6 183.7
183.8
183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 183.35 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8
184.9
184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 185.34 185.35 185.36 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21
186.22
186.23 186.24
186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33 186.34 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 187.34 187.35 187.36 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 188.34 188.35 188.36 189.1 189.2 189.3 189.4 189.5 189.6
189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22
189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 189.33 189.34 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23
190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 190.35 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 191.34 191.35 191.36
192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32 192.33 192.34 192.35 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21
193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30
194.31 194.32 194.33 194.34 194.35 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18
195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 195.33 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23
196.24 196.25
196.26 196.27 196.28 196.29 196.30 196.31 196.32 196.33 196.34 196.35 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 197.33 197.34 197.35 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34 198.35 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 199.33 199.34 200.1 200.2 200.3 200.4 200.5 200.6 200.7
200.8
200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 200.34 200.35 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 201.34 201.35 201.36 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21
202.22
202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 202.34 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14
203.15 203.16 203.17 203.18 203.19 203.20
203.21 203.22
203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 204.34 204.35 204.36 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32 205.33 205.34 205.35 205.36 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16
206.17 206.18 206.19 206.20 206.21 206.22
206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 206.33 206.34 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31
207.32 207.33 207.34 207.35 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 208.33 208.34 208.35 208.36 209.1 209.2 209.3 209.4 209.5 209.6 209.7
209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19
209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 209.34 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8
210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 210.34 210.35 211.1 211.2 211.3 211.4
211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20
211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 211.33 211.34 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 212.33 212.34 212.35 212.36 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33 213.34 213.35 214.1 214.2 214.3
214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 214.33 214.34 214.35 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 215.33 215.34 215.35 215.36 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8
216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 216.33 216.34 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10
217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 217.33 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 218.32 218.33 218.34 218.35 218.36 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30
219.31 219.32 219.33 219.34 219.35 220.1 220.2 220.3
220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20
220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 220.33 220.34 221.1 221.2 221.3
221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18
221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33
222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 222.34 222.35
223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31
223.32 223.33 223.34 224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 224.32 224.33 224.34 224.35 224.36 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32
225.33 225.34 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14
226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26
226.27 226.28 226.29 226.30 226.31 226.32 226.33
227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10
227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19
227.20 227.21 227.22 227.23
227.24 227.25
227.26 227.27 227.28 227.29 227.30 227.31 227.32
228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 228.31 228.32 228.33
228.34 228.35 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12 229.13
229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23
229.24 229.25 229.26 229.27 229.28 229.29 229.30 229.31 229.32 229.33
230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 230.32 230.33 230.34 230.35 230.36 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30 231.31 231.32 231.33 231.34 231.35 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29
232.30 232.31 232.32 232.33 232.34 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25
233.26 233.27 233.28 233.29 233.30 233.31 233.32 233.33 233.34 233.35 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29 234.30 234.31 234.32 234.33 234.34 234.35 234.36 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30 235.31 235.32 235.33
235.34 235.35 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 236.32 236.33 236.34 236.35 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 237.32 237.33 237.34 237.35 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 238.31 238.32 238.33 238.34 238.35 238.36 238.37 238.38 238.39 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32 239.33 239.34 239.35 239.36 239.37 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 240.32 240.33 240.34 240.35 240.36 241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 241.32 241.33 241.34 241.35 241.36 241.37 242.1 242.2 242.3 242.4
242.5
242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 242.32 242.33 242.34 242.35 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 243.32
243.33 243.34 243.35 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30
244.31 244.32 244.33 244.34 244.35 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 245.33 245.34 245.35 245.36 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32 246.33 246.34 246.35 246.36 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 247.32 247.33 247.34 247.35 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 248.32 248.33 248.34 248.35 248.36
249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 249.33 249.34 249.35 249.36 250.1 250.2 250.3 250.4 250.5 250.6
250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18
250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 250.31 250.32 250.33 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20
251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 251.32 251.33 251.34 251.35 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 252.32 252.33 252.34 252.35 252.36 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31 253.32 253.33 253.34 253.35 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 254.31 254.32 254.33 254.34 254.35 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29 255.30 255.31 255.32 255.33 255.34 255.35 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 256.32 256.33 256.34 256.35 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31 257.32 257.33 257.34 257.35 257.36 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32 258.33 258.34 258.35 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10
259.11
259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 259.32 259.33 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 260.32 260.33 260.34 260.35 260.36 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 261.32 261.33 261.34 261.35 261.36 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 262.32 262.33 262.34 262.35 262.36 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20
263.21
263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 263.32 263.33 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18
264.19
264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 264.31 264.32 264.33 264.34 265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32 265.33 265.34 265.35 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 266.33 266.34 266.35 266.36 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15
267.16
267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26 267.27 267.28 267.29 267.30 267.31 267.32 267.33 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32 268.33 268.34 268.35 268.36 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 269.31 269.32 269.33 269.34 269.35 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28 270.29 270.30 270.31 270.32 270.33 270.34 270.35 270.36 271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31 271.32 271.33 271.34
271.35
272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 272.30 272.31 272.32 272.33 272.34 272.35 272.36 273.1 273.2 273.3
273.4
273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 273.32 273.33 273.34 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 274.31 274.32 274.33 274.34 274.35 274.36 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 275.32 275.33 275.34 275.35 275.36 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 276.32 276.33 276.34 276.35 276.36 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12
277.13
277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 277.31 277.32 277.33 277.34 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31 278.32 278.33 278.34 278.35 278.36 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 279.30 279.31 279.32 279.33 279.34 279.35 279.36 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 280.30 280.31 280.32 280.33 280.34 280.35 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 281.33 281.34 281.35 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23
282.24
282.25 282.26 282.27 282.28 282.29 282.30 282.31 282.32 282.33 282.34 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31 283.32 283.33 283.34 283.35 284.1 284.2 284.3 284.4 284.5 284.6 284.7
284.8
284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 284.32 284.33 284.34 284.35 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 285.33 285.34 285.35 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24
286.25
286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 286.34 287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31 287.32 287.33 287.34 287.35 287.36 288.1 288.2 288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 288.33
288.34
289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 289.34 289.35 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 290.33 290.34 290.35 290.36 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 291.33 291.34 291.35 291.36 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 292.32 292.33 292.34 292.35 292.36 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16
293.17
293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 293.30 293.31 293.32 293.33 293.34 293.35 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30 294.31 294.32 294.33 294.34 294.35 294.36 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 295.32 295.33 295.34 295.35 295.36 296.1 296.2
296.3
296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 296.32 296.33 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31 297.32 297.33 297.34 297.35 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26
298.27
298.28 298.29 298.30 298.31 298.32 298.33 298.34 299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 299.33 299.34 299.35 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 300.32 300.33 300.34 300.35 300.36 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12
301.13
301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 301.31 301.32 301.33 301.34 301.35 302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25 302.26 302.27 302.28 302.29 302.30 302.31 302.32 302.33 302.34 303.1 303.2 303.3 303.4 303.5 303.6 303.7 303.8 303.9 303.10 303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26 303.27 303.28 303.29 303.30 303.31 303.32 303.33 303.34 303.35 303.36 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12
304.13
304.14 304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 304.32 304.33 304.34 304.35 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9
305.10
305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26 305.27 305.28 305.29 305.30 305.31 305.32 305.33 305.34 305.35 306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14 306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 306.29 306.30 306.31 306.32 306.33 306.34 306.35 306.36 307.1 307.2 307.3 307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13 307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30 307.31
307.32
307.33 307.34 308.1 308.2 308.3 308.4 308.5 308.6 308.7 308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17
308.18
308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 308.31 308.32 308.33 308.34 308.35 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24 309.25 309.26 309.27
309.28
309.29 309.30 309.31 309.32 309.33 309.34 310.1 310.2 310.3 310.4 310.5 310.6 310.7 310.8
310.9
310.10 310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21 310.22 310.23 310.24 310.25 310.26 310.27 310.28 310.29 310.30 310.31
310.32
311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11
311.12
311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31 311.32 311.33 311.34 312.1 312.2 312.3 312.4
312.5
312.6 312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15 312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28
312.29
312.30 312.31 312.32 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29 313.30 313.31 313.32 313.33 313.34 313.35 313.36 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32 314.33 314.34 314.35 315.1 315.2 315.3 315.4 315.5 315.6 315.7 315.8 315.9 315.10 315.11
315.12
315.13 315.14 315.15 315.16 315.17 315.18 315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 315.32 315.33 315.34 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26 316.27 316.28 316.29 316.30 316.31 316.32 316.33 316.34 316.35 316.36 317.1 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15
317.16
317.17 317.18 317.19 317.20 317.21 317.22 317.23 317.24 317.25 317.26 317.27 317.28 317.29 317.30 317.31 317.32 317.33 317.34 317.35 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9 318.10 318.11 318.12 318.13 318.14 318.15 318.16
318.17
318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30 318.31 318.32 318.33 318.34 319.1 319.2
319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11 319.12 319.13
319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26
319.27 319.28 319.29 319.30 319.31 319.32 320.1 320.2 320.3 320.4
320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21 320.22 320.23 320.24 320.25
320.26 320.27 320.28 320.29 320.30 320.31 320.32 320.33 320.34 321.1 321.2 321.3 321.4 321.5 321.6 321.7 321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15 321.16
321.17 321.18 321.19 321.20 321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28 321.29 321.30 321.31 321.32 321.33 321.34 321.35 322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13 322.14 322.15 322.16 322.17 322.18 322.19
322.20 322.21 322.22 322.23 322.24 322.25 322.26
322.27 322.28
322.29 322.30 322.31 322.32 322.33 322.34 323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14 323.15
323.16
323.17 323.18 323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 323.28 323.29 323.30 323.31 323.32
323.33
324.1 324.2 324.3 324.4 324.5 324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14 324.15 324.16 324.17 324.18 324.19 324.20 324.21 324.22 324.23 324.24 324.25 324.26 324.27 324.28 324.29 324.30 324.31 324.32 324.33 324.34
324.35
325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8 325.9 325.10 325.11 325.12 325.13 325.14 325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22
325.23
325.24 325.25 325.26
325.27
325.28 325.29 325.30 325.31 325.32
325.33
326.1 326.2 326.3 326.4 326.5 326.6 326.7 326.8 326.9 326.10 326.11 326.12 326.13 326.14
326.15
326.16 326.17 326.18 326.19 326.20 326.21 326.22 326.23 326.24 326.25 326.26 326.27 326.28 326.29 326.30 326.31 326.32 326.33 326.34 327.1 327.2 327.3 327.4
327.5
327.6 327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21 327.22 327.23 327.24 327.25 327.26 327.27 327.28 327.29 327.30 327.31 327.32 327.33 327.34 328.1 328.2 328.3 328.4 328.5 328.6 328.7 328.8 328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17 328.18 328.19 328.20 328.21 328.22 328.23 328.24 328.25 328.26 328.27 328.28 328.29 328.30 328.31 328.32 328.33 328.34 328.35 328.36 329.1 329.2 329.3 329.4 329.5 329.6 329.7 329.8 329.9 329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17 329.18
329.19
329.20 329.21 329.22 329.23 329.24 329.25 329.26 329.27 329.28 329.29 329.30 329.31 329.32
329.33
330.1 330.2 330.3 330.4 330.5 330.6 330.7 330.8 330.9 330.10 330.11 330.12 330.13 330.14 330.15 330.16 330.17 330.18
330.19
330.20 330.21 330.22 330.23 330.24 330.25 330.26 330.27 330.28 330.29 330.30 330.31 330.32 330.33 330.34 330.35 331.1 331.2
331.3
331.4 331.5 331.6 331.7 331.8 331.9 331.10 331.11 331.12 331.13 331.14 331.15 331.16 331.17 331.18 331.19 331.20 331.21 331.22 331.23 331.24 331.25 331.26 331.27 331.28 331.29 331.30 331.31 331.32 331.33 331.34 332.1 332.2 332.3 332.4 332.5 332.6 332.7 332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15 332.16 332.17 332.18 332.19 332.20 332.21 332.22 332.23 332.24 332.25 332.26 332.27 332.28 332.29 332.30 332.31 332.32 332.33 332.34 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8 333.9 333.10 333.11 333.12 333.13 333.14 333.15 333.16 333.17 333.18 333.19 333.20 333.21 333.22 333.23 333.24 333.25 333.26 333.27 333.28 333.29 333.30 333.31 333.32 333.33 333.34 333.35 334.1 334.2 334.3 334.4 334.5 334.6 334.7 334.8 334.9 334.10 334.11 334.12 334.13 334.14 334.15 334.16 334.17 334.18 334.19 334.20 334.21 334.22 334.23 334.24 334.25 334.26 334.27 334.28 334.29 334.30 334.31 334.32 334.33 334.34 334.35 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8 335.9 335.10 335.11 335.12 335.13 335.14 335.15 335.16 335.17 335.18 335.19 335.20 335.21 335.22 335.23 335.24 335.25 335.26 335.27 335.28 335.29 335.30 335.31 335.32 335.33 335.34 335.35 335.36 336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13 336.14 336.15 336.16 336.17 336.18 336.19 336.20 336.21 336.22 336.23 336.24 336.25 336.26 336.27 336.28 336.29 336.30 336.31 336.32 336.33 336.34 336.35 336.36 337.1 337.2 337.3 337.4
337.5
337.6 337.7 337.8 337.9 337.10 337.11 337.12 337.13 337.14 337.15 337.16 337.17 337.18 337.19 337.20 337.21 337.22 337.23 337.24 337.25 337.26 337.27 337.28 337.29 337.30 337.31 337.32 337.33 337.34 337.35 338.1 338.2 338.3 338.4 338.5 338.6 338.7 338.8 338.9 338.10 338.11 338.12 338.13 338.14 338.15 338.16 338.17 338.18 338.19 338.20 338.21 338.22 338.23 338.24
338.25
338.26 338.27 338.28 338.29 338.30 338.31 338.32 338.33 338.34 338.35 339.1 339.2 339.3 339.4 339.5 339.6 339.7 339.8 339.9 339.10 339.11 339.12 339.13 339.14 339.15 339.16 339.17 339.18 339.19 339.20 339.21 339.22 339.23 339.24 339.25 339.26 339.27 339.28 339.29 339.30 339.31 339.32 339.33 339.34 339.35 339.36 340.1 340.2 340.3 340.4 340.5 340.6 340.7 340.8 340.9 340.10
340.11
340.12 340.13 340.14
340.15 340.16
340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24 340.25 340.26 340.27 340.28 340.29 340.30 340.31 340.32 341.1 341.2 341.3 341.4 341.5 341.6 341.7 341.8 341.9 341.10 341.11 341.12 341.13 341.14 341.15 341.16 341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26 341.27 341.28 341.29 341.30 341.31 341.32
341.33 341.34 342.1 342.2 342.3 342.4 342.5 342.6 342.7 342.8 342.9 342.10 342.11 342.12 342.13 342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21 342.22 342.23 342.24 342.25 342.26 342.27 342.28 342.29 342.30 342.31 342.32 342.33 342.34 342.35 342.36 343.1 343.2 343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12 343.13 343.14 343.15 343.16 343.17 343.18
343.19 343.20 343.21 343.22 343.23 343.24 343.25
343.26 343.27 343.28 343.29 343.30 343.31 343.32 343.33 343.34 344.1 344.2 344.3 344.4 344.5 344.6 344.7 344.8 344.9 344.10 344.11 344.12 344.13 344.14 344.15 344.16 344.17 344.18 344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27 344.28 344.29 344.30 344.31 344.32 344.33 344.34 344.35 344.36 345.1 345.2 345.3 345.4 345.5 345.6 345.7 345.8 345.9 345.10 345.11 345.12 345.13 345.14 345.15 345.16 345.17 345.18 345.19 345.20 345.21 345.22 345.23 345.24 345.25 345.26 345.27 345.28 345.29 345.30 345.31 345.32 345.33 345.34 345.35 345.36
346.1 346.2 346.3 346.4 346.5 346.6 346.7 346.8 346.9 346.10 346.11 346.12 346.13 346.14 346.15 346.16 346.17 346.18 346.19 346.20 346.21 346.22 346.23 346.24 346.25 346.26 346.27 346.28 346.29 346.30 346.31 346.32 346.33 346.34 346.35 346.36 347.1 347.2 347.3 347.4 347.5 347.6 347.7 347.8 347.9 347.10 347.11 347.12 347.13 347.14 347.15 347.16 347.17 347.18 347.19 347.20 347.21 347.22 347.23 347.24 347.25 347.26 347.27 347.28 347.29 347.30 347.31 347.32 347.33 347.34 347.35 347.36 348.1 348.2 348.3 348.4 348.5 348.6 348.7 348.8 348.9 348.10 348.11 348.12 348.13 348.14 348.15 348.16 348.17 348.18 348.19 348.20 348.21 348.22 348.23 348.24 348.25 348.26 348.27 348.28 348.29 348.30 348.31 348.32 348.33 348.34 348.35 348.36 349.1 349.2 349.3 349.4 349.5 349.6 349.7 349.8
349.9 349.10 349.11 349.12 349.13
349.14 349.15 349.16
349.17 349.18
349.19 349.20 349.21 349.22 349.23 349.24 349.25 349.26 349.27 349.28 349.29 349.30 349.31
350.1 350.2 350.3 350.4 350.5 350.6 350.7 350.8 350.9 350.10 350.11 350.12 350.13
350.14 350.15 350.16 350.17 350.18 350.19 350.20
350.21 350.22 350.23 350.24 350.25 350.26 350.27 350.28 350.29 350.30
350.31 350.32 351.1 351.2 351.3 351.4 351.5 351.6 351.7 351.8 351.9 351.10 351.11 351.12 351.13 351.14 351.15 351.16 351.17 351.18 351.19 351.20 351.21 351.22 351.23 351.24 351.25 351.26 351.27 351.28 351.29 351.30 351.31 351.32 351.33 351.34 351.35 351.36 352.1 352.2 352.3 352.4 352.5 352.6 352.7 352.8 352.9 352.10 352.11 352.12 352.13 352.14 352.15 352.16 352.17 352.18 352.19 352.20 352.21 352.22 352.23 352.24 352.25 352.26 352.27 352.28 352.29 352.30 352.31 352.32 352.33 352.34 352.35 352.36 353.1 353.2 353.3 353.4 353.5 353.6 353.7 353.8 353.9 353.10 353.11 353.12 353.13 353.14 353.15 353.16 353.17 353.18 353.19 353.20 353.21 353.22 353.23 353.24 353.25 353.26 353.27 353.28 353.29 353.30 353.31 353.32 353.33 353.34 353.35 354.1 354.2 354.3 354.4 354.5 354.6 354.7 354.8 354.9 354.10 354.11 354.12 354.13 354.14 354.15 354.16 354.17 354.18 354.19 354.20 354.21 354.22 354.23 354.24 354.25 354.26 354.27 354.28 354.29 354.30 354.31 354.32 354.33 354.34 354.35 354.36 355.1 355.2 355.3 355.4 355.5 355.6 355.7 355.8 355.9 355.10 355.11 355.12 355.13 355.14 355.15 355.16 355.17 355.18 355.19 355.20 355.21 355.22 355.23 355.24 355.25 355.26 355.27 355.28 355.29 355.30 355.31 355.32 355.33 355.34 356.1 356.2 356.3 356.4 356.5 356.6 356.7 356.8 356.9 356.10 356.11 356.12 356.13 356.14 356.15 356.16 356.17 356.18 356.19 356.20 356.21 356.22 356.23 356.24 356.25 356.26 356.27 356.28 356.29 356.30 356.31
356.32 356.33 356.34 356.35 357.1 357.2 357.3 357.4 357.5 357.6 357.7 357.8 357.9 357.10 357.11 357.12 357.13 357.14 357.15 357.16 357.17 357.18 357.19 357.20 357.21 357.22 357.23 357.24 357.25 357.26 357.27 357.28 357.29 357.30 357.31 357.32 357.33 357.34 357.35 358.1 358.2 358.3 358.4 358.5 358.6 358.7 358.8 358.9 358.10 358.11 358.12 358.13 358.14 358.15 358.16 358.17 358.18 358.19 358.20 358.21 358.22 358.23 358.24 358.25 358.26 358.27 358.28 358.29 358.30 358.31 358.32 358.33 358.34 358.35 358.36 359.1 359.2 359.3 359.4 359.5 359.6 359.7 359.8 359.9 359.10 359.11 359.12 359.13 359.14 359.15 359.16 359.17 359.18 359.19 359.20 359.21
359.22 359.23 359.24 359.25 359.26 359.27 359.28 359.29 359.30 359.31 359.32 359.33 359.34 360.1 360.2 360.3 360.4 360.5 360.6 360.7 360.8 360.9 360.10 360.11 360.12 360.13 360.14 360.15 360.16 360.17 360.18 360.19 360.20 360.21 360.22 360.23 360.24 360.25 360.26 360.27 360.28 360.29 360.30 360.31 360.32 360.33 360.34 360.35 360.36 361.1 361.2 361.3 361.4 361.5 361.6 361.7 361.8 361.9 361.10 361.11 361.12 361.13 361.14 361.15 361.16 361.17 361.18 361.19 361.20 361.21 361.22 361.23 361.24 361.25 361.26 361.27 361.28 361.29 361.30 361.31
361.32 361.33 361.34 362.1 362.2 362.3 362.4 362.5 362.6 362.7 362.8 362.9 362.10 362.11 362.12 362.13 362.14 362.15 362.16 362.17 362.18 362.19 362.20 362.21 362.22 362.23 362.24 362.25 362.26 362.27 362.28 362.29 362.30 362.31 362.32 362.33 362.34 362.35 362.36 363.1 363.2 363.3 363.4 363.5 363.6 363.7 363.8 363.9 363.10 363.11 363.12 363.13 363.14 363.15 363.16 363.17 363.18 363.19 363.20 363.21 363.22 363.23 363.24 363.25 363.26 363.27 363.28 363.29 363.30 363.31 363.32 363.33 363.34 363.35 363.36 364.1 364.2 364.3 364.4 364.5 364.6 364.7 364.8 364.9 364.10 364.11 364.12 364.13 364.14 364.15 364.16 364.17 364.18 364.19 364.20 364.21 364.22 364.23 364.24 364.25 364.26 364.27 364.28 364.29 364.30 364.31 364.32 364.33 364.34 364.35 365.1 365.2 365.3 365.4 365.5 365.6 365.7 365.8 365.9 365.10 365.11 365.12 365.13 365.14 365.15 365.16 365.17 365.18 365.19 365.20 365.21 365.22 365.23 365.24 365.25 365.26 365.27 365.28 365.29 365.30 365.31 365.32 365.33 365.34 365.35 365.36 366.1 366.2 366.3 366.4 366.5 366.6 366.7 366.8 366.9 366.10 366.11 366.12 366.13 366.14
366.15 366.16 366.17 366.18 366.19 366.20 366.21 366.22 366.23 366.24 366.25 366.26 366.27 366.28 366.29 366.30 366.31 366.32 366.33 366.34 367.1 367.2 367.3 367.4 367.5 367.6 367.7 367.8 367.9 367.10 367.11 367.12 367.13 367.14 367.15 367.16 367.17 367.18 367.19 367.20 367.21 367.22 367.23 367.24 367.25 367.26 367.27 367.28 367.29 367.30 367.31 367.32 367.33 367.34 367.35 367.36 368.1 368.2 368.3 368.4 368.5 368.6 368.7 368.8 368.9 368.10 368.11 368.12 368.13 368.14 368.15 368.16 368.17 368.18 368.19 368.20 368.21 368.22 368.23 368.24 368.25 368.26 368.27 368.28 368.29 368.30 368.31 368.32 368.33 368.34 368.35 369.1 369.2 369.3 369.4 369.5 369.6 369.7 369.8 369.9 369.10 369.11 369.12 369.13 369.14 369.15 369.16 369.17 369.18 369.19 369.20 369.21 369.22 369.23 369.24 369.25 369.26 369.27 369.28 369.29 369.30 369.31 369.32 369.33 369.34 369.35 369.36 369.37 369.38 370.1 370.2 370.3 370.4 370.5 370.6 370.7 370.8 370.9 370.10 370.11 370.12 370.13 370.14 370.15 370.16 370.17 370.18 370.19 370.20 370.21 370.22 370.23
370.24 370.25 370.26 370.27 370.28 370.29 370.30 370.31 370.32 370.33 370.34 370.35 370.36 370.37 371.1 371.2 371.3 371.4 371.5 371.6 371.7 371.8 371.9 371.10 371.11 371.12 371.13 371.14 371.15 371.16 371.17 371.18 371.19 371.20 371.21 371.22 371.23 371.24 371.25 371.26 371.27 371.28 371.29 371.30 371.31 371.32 371.33 371.34 371.35 372.1 372.2 372.3 372.4 372.5 372.6 372.7
372.8 372.9 372.10 372.11 372.12 372.13 372.14 372.15 372.16 372.17 372.18 372.19 372.20 372.21 372.22 372.23 372.24 372.25 372.26 372.27 372.28 372.29 372.30 372.31 372.32 372.33 372.34 372.35 373.1 373.2 373.3 373.4 373.5 373.6 373.7 373.8 373.9 373.10 373.11 373.12 373.13 373.14 373.15 373.16 373.17 373.18 373.19 373.20 373.21 373.22 373.23 373.24 373.25 373.26 373.27 373.28 373.29 373.30 373.31 373.32 373.33 373.34 373.35 373.36 374.1 374.2 374.3 374.4 374.5 374.6 374.7 374.8 374.9 374.10 374.11 374.12 374.13 374.14 374.15 374.16 374.17 374.18 374.19 374.20 374.21 374.22 374.23 374.24 374.25 374.26 374.27 374.28 374.29 374.30 374.31 374.32 374.33 374.34 374.35 374.36 375.1 375.2 375.3 375.4 375.5 375.6 375.7 375.8
375.9 375.10 375.11 375.12 375.13 375.14 375.15 375.16 375.17 375.18 375.19 375.20 375.21 375.22 375.23 375.24 375.25 375.26 375.27 375.28 375.29 375.30 375.31 375.32 375.33 375.34 375.35 376.1 376.2 376.3 376.4 376.5 376.6 376.7 376.8 376.9 376.10 376.11 376.12 376.13 376.14 376.15 376.16 376.17 376.18 376.19 376.20 376.21 376.22 376.23 376.24 376.25 376.26 376.27 376.28 376.29 376.30 376.31 376.32 376.33 376.34 376.35 376.36 377.1 377.2 377.3 377.4 377.5 377.6 377.7 377.8 377.9 377.10 377.11 377.12 377.13 377.14 377.15 377.16 377.17 377.18 377.19 377.20 377.21 377.22 377.23 377.24 377.25 377.26 377.27 377.28 377.29 377.30 377.31 377.32 377.33 377.34 377.35 377.36 378.1 378.2 378.3 378.4 378.5 378.6 378.7 378.8 378.9 378.10 378.11 378.12 378.13 378.14 378.15 378.16 378.17 378.18 378.19 378.20 378.21 378.22 378.23 378.24 378.25 378.26 378.27 378.28 378.29 378.30 378.31 378.32 378.33 378.34 378.35 379.1 379.2 379.3 379.4 379.5 379.6 379.7 379.8 379.9 379.10 379.11 379.12 379.13 379.14 379.15 379.16 379.17 379.18 379.19 379.20 379.21 379.22 379.23 379.24 379.25 379.26
379.27 379.28 379.29 379.30 379.31 379.32 379.33 379.34 379.35 380.1 380.2 380.3 380.4 380.5 380.6 380.7 380.8 380.9 380.10 380.11 380.12 380.13 380.14 380.15 380.16 380.17 380.18 380.19 380.20 380.21 380.22 380.23 380.24 380.25 380.26 380.27 380.28 380.29 380.30 380.31
380.32 380.33 380.34 380.35 381.1 381.2 381.3 381.4 381.5 381.6 381.7 381.8 381.9 381.10 381.11 381.12 381.13 381.14 381.15 381.16 381.17 381.18 381.19 381.20 381.21 381.22 381.23 381.24 381.25 381.26 381.27 381.28 381.29 381.30 381.31
381.32 381.33 381.34 381.35 382.1 382.2 382.3 382.4 382.5 382.6 382.7 382.8 382.9 382.10 382.11 382.12 382.13 382.14 382.15 382.16 382.17 382.18 382.19 382.20 382.21 382.22 382.23 382.24 382.25 382.26 382.27 382.28 382.29 382.30 382.31 382.32 382.33 382.34 382.35 382.36
383.1 383.2 383.3 383.4 383.5 383.6 383.7 383.8 383.9 383.10 383.11 383.12 383.13 383.14 383.15 383.16 383.17 383.18 383.19 383.20 383.21 383.22 383.23 383.24 383.25 383.26 383.27 383.28 383.29 383.30 383.31 383.32 383.33 383.34 383.35 384.1 384.2 384.3 384.4 384.5 384.6 384.7 384.8 384.9 384.10 384.11 384.12 384.13 384.14 384.15 384.16 384.17 384.18 384.19 384.20 384.21 384.22 384.23 384.24 384.25 384.26 384.27 384.28 384.29 384.30 384.31 384.32 384.33 384.34 384.35 384.36
385.1 385.2 385.3 385.4 385.5 385.6 385.7 385.8 385.9 385.10 385.11 385.12 385.13 385.14 385.15 385.16 385.17 385.18 385.19 385.20 385.21 385.22 385.23 385.24 385.25 385.26 385.27 385.28 385.29 385.30 385.31 385.32 385.33 385.34 385.35 386.1 386.2 386.3 386.4 386.5 386.6 386.7 386.8 386.9 386.10 386.11 386.12 386.13 386.14 386.15 386.16 386.17 386.18 386.19 386.20 386.21 386.22 386.23 386.24 386.25 386.26 386.27 386.28 386.29 386.30 386.31 386.32 386.33 386.34 386.35 387.1 387.2 387.3 387.4 387.5 387.6 387.7 387.8 387.9 387.10 387.11 387.12 387.13 387.14 387.15 387.16 387.17 387.18 387.19 387.20 387.21 387.22 387.23 387.24 387.25 387.26 387.27 387.28 387.29 387.30 387.31 387.32 387.33 387.34 387.35 388.1 388.2 388.3 388.4 388.5 388.6 388.7 388.8 388.9 388.10 388.11 388.12 388.13 388.14 388.15 388.16 388.17 388.18 388.19 388.20 388.21 388.22 388.23 388.24 388.25 388.26 388.27 388.28 388.29 388.30 388.31 388.32 388.33 388.34 388.35 388.36 389.1 389.2 389.3 389.4 389.5 389.6 389.7 389.8 389.9 389.10 389.11 389.12 389.13 389.14 389.15 389.16 389.17 389.18 389.19 389.20 389.21 389.22 389.23 389.24 389.25 389.26 389.27 389.28 389.29 389.30 389.31 389.32 389.33 389.34 389.35 389.36 390.1 390.2 390.3 390.4 390.5 390.6 390.7 390.8 390.9
390.10 390.11 390.12 390.13 390.14 390.15 390.16 390.17 390.18 390.19 390.20 390.21 390.22 390.23 390.24 390.25 390.26 390.27 390.28 390.29 390.30 390.31 390.32 390.33 390.34 390.35 391.1 391.2 391.3 391.4 391.5 391.6 391.7 391.8 391.9 391.10 391.11 391.12 391.13 391.14 391.15 391.16 391.17 391.18 391.19 391.20 391.21 391.22 391.23 391.24 391.25 391.26 391.27 391.28 391.29 391.30 391.31 391.32 391.33 391.34 391.35 391.36 392.1 392.2 392.3 392.4 392.5 392.6 392.7 392.8 392.9 392.10 392.11 392.12 392.13 392.14 392.15 392.16 392.17 392.18 392.19 392.20 392.21 392.22 392.23 392.24 392.25 392.26 392.27 392.28 392.29 392.30 392.31 392.32 392.33 392.34 392.35 392.36 393.1 393.2 393.3 393.4 393.5 393.6 393.7 393.8 393.9 393.10 393.11 393.12 393.13 393.14 393.15 393.16 393.17 393.18 393.19 393.20 393.21 393.22 393.23 393.24 393.25 393.26 393.27 393.28 393.29 393.30 393.31 393.32 393.33 393.34 393.35 393.36 394.1 394.2 394.3 394.4 394.5 394.6 394.7 394.8 394.9 394.10 394.11 394.12 394.13 394.14 394.15 394.16 394.17 394.18 394.19 394.20 394.21 394.22 394.23 394.24 394.25 394.26 394.27 394.28 394.29 394.30 394.31 394.32 394.33 394.34 394.35 395.1 395.2 395.3 395.4 395.5 395.6 395.7 395.8 395.9 395.10 395.11 395.12 395.13 395.14 395.15 395.16 395.17
395.18 395.19 395.20 395.21 395.22 395.23 395.24 395.25 395.26 395.27 395.28 395.29 395.30 395.31 395.32 395.33 395.34 396.1 396.2 396.3 396.4 396.5 396.6 396.7 396.8 396.9 396.10 396.11 396.12 396.13 396.14 396.15 396.16 396.17 396.18 396.19 396.20 396.21 396.22 396.23 396.24 396.25 396.26 396.27 396.28 396.29 396.30 396.31 396.32 396.33 396.34 396.35 396.36
397.1 397.2 397.3 397.4 397.5 397.6 397.7 397.8 397.9 397.10 397.11 397.12 397.13 397.14 397.15 397.16 397.17 397.18 397.19 397.20 397.21 397.22 397.23 397.24 397.25 397.26 397.27 397.28 397.29 397.30 397.31 397.32 397.33 397.34 397.35 397.36 398.1 398.2 398.3 398.4 398.5 398.6 398.7 398.8 398.9 398.10 398.11 398.12 398.13 398.14 398.15 398.16 398.17 398.18 398.19 398.20 398.21 398.22 398.23 398.24 398.25 398.26 398.27 398.28
398.29 398.30 398.31 398.32 398.33 398.34 398.35 399.1 399.2 399.3 399.4 399.5 399.6 399.7 399.8 399.9 399.10 399.11 399.12 399.13 399.14 399.15 399.16 399.17 399.18 399.19 399.20 399.21 399.22 399.23 399.24 399.25 399.26 399.27 399.28 399.29 399.30 399.31 399.32 399.33 399.34 399.35 399.36 400.1 400.2 400.3 400.4 400.5 400.6 400.7 400.8 400.9 400.10 400.11 400.12 400.13 400.14 400.15 400.16 400.17 400.18 400.19 400.20 400.21 400.22 400.23 400.24 400.25 400.26 400.27 400.28 400.29 400.30 400.31 400.32 400.33 400.34 400.35 400.36 401.1 401.2 401.3 401.4 401.5 401.6 401.7 401.8 401.9 401.10 401.11 401.12 401.13 401.14 401.15 401.16 401.17 401.18 401.19 401.20 401.21 401.22 401.23 401.24 401.25 401.26 401.27 401.28 401.29 401.30 401.31 401.32 401.33
401.34 401.35 402.1 402.2 402.3 402.4 402.5 402.6 402.7 402.8 402.9 402.10 402.11 402.12 402.13 402.14 402.15 402.16 402.17 402.18 402.19 402.20 402.21 402.22 402.23 402.24 402.25 402.26 402.27 402.28 402.29 402.30 402.31 402.32 402.33 402.34 402.35 402.36 403.1 403.2 403.3 403.4 403.5 403.6 403.7 403.8 403.9 403.10 403.11 403.12 403.13 403.14 403.15 403.16 403.17 403.18 403.19 403.20
403.21 403.22 403.23 403.24 403.25 403.26 403.27 403.28 403.29 403.30 403.31 403.32 403.33 403.34 403.35 404.1 404.2 404.3 404.4 404.5 404.6 404.7 404.8 404.9 404.10 404.11 404.12 404.13 404.14 404.15 404.16 404.17 404.18 404.19 404.20 404.21 404.22 404.23 404.24 404.25
404.26 404.27 404.28 404.29 404.30 404.31 404.32 404.33 404.34 405.1 405.2 405.3 405.4
405.5 405.6 405.7 405.8 405.9 405.10 405.11 405.12 405.13 405.14 405.15 405.16 405.17 405.18 405.19 405.20 405.21 405.22 405.23 405.24 405.25 405.26 405.27 405.28 405.29 405.30 405.31 405.32 405.33 405.34 405.35
406.1 406.2 406.3 406.4 406.5 406.6 406.7 406.8 406.9 406.10 406.11 406.12 406.13 406.14 406.15 406.16 406.17 406.18
406.19 406.20 406.21 406.22 406.23 406.24
406.25 406.26 406.27 406.28 406.29 406.30 406.31 406.32 406.33 406.34 407.1 407.2 407.3 407.4 407.5 407.6 407.7 407.8 407.9 407.10 407.11 407.12 407.13 407.14 407.15 407.16 407.17 407.18 407.19 407.20 407.21 407.22 407.23 407.24 407.25 407.26 407.27 407.28 407.29 407.30 407.31 407.32
407.33 407.34 408.1 408.2 408.3 408.4 408.5 408.6 408.7 408.8 408.9 408.10 408.11 408.12 408.13 408.14 408.15 408.16 408.17 408.18 408.19 408.20 408.21 408.22 408.23 408.24 408.25 408.26 408.27 408.28 408.29 408.30 408.31 408.32 408.33 408.34 408.35 408.36
409.1 409.2 409.3 409.4 409.5 409.6 409.7 409.8 409.9 409.10
409.11 409.12
409.13 409.14
409.15 409.16 409.17 409.18 409.19 409.20
409.21 409.22 409.23 409.24 409.25 409.26
409.27 409.28 409.29 409.30 409.31 410.1 410.2 410.3 410.4 410.5 410.6 410.7 410.8 410.9 410.10 410.11 410.12 410.13 410.14
410.15
410.16 410.17 410.18 410.19 410.20 410.21 410.22 410.23 410.24 410.25 410.26 410.27 410.28 410.29 410.30 410.31 410.32 410.33 410.34 411.1 411.2
411.3
411.4 411.5 411.6 411.7 411.8 411.9 411.10 411.11 411.12 411.13 411.14 411.15 411.16 411.17 411.18 411.19 411.20 411.21 411.22 411.23 411.24 411.25 411.26 411.27 411.28 411.29 411.30 411.31 411.32 411.33 411.34 411.35 411.36 411.37 411.38 411.39 412.1 412.2 412.3 412.4 412.5 412.6 412.7 412.8
412.9 412.10 412.11 412.12 412.13 412.14 412.15 412.16 412.17 412.18 412.19 412.20 412.21 412.22 412.23 412.24 412.25 412.26 412.27 412.28 412.29 412.30 412.31 412.32 412.33
412.34
412.35 413.1 413.2 413.3
413.4
413.5 413.6 413.7 413.8 413.9 413.10 413.11 413.12 413.13 413.14 413.15 413.16 413.17 413.18 413.19 413.20 413.21 413.22 413.23 413.24 413.25 413.26 413.27 413.28 413.29 413.30 413.31 413.32 413.33 413.34 413.35 414.1 414.2
414.3 414.4 414.5 414.6 414.7 414.8 414.9 414.10 414.11 414.12 414.13 414.14 414.15 414.16 414.17 414.18 414.19
414.20 414.21 414.22 414.23 414.24 414.25 414.26 414.27 414.28 414.29 414.30 414.31 414.32 414.33 414.34 415.1 415.2 415.3 415.4 415.5 415.6 415.7
415.8 415.9 415.10 415.11 415.12 415.13 415.14 415.15 415.16 415.17 415.18 415.19 415.20 415.21 415.22 415.23 415.24 415.25 415.26 415.27 415.28 415.29 415.30 415.31 415.32 415.33 415.34 415.35 416.1 416.2 416.3 416.4 416.5 416.6 416.7
416.8
416.9 416.10 416.11 416.12 416.13 416.14 416.15 416.16 416.17 416.18 416.19 416.20 416.21 416.22 416.23 416.24 416.25 416.26 416.27 416.28 416.29
416.30 416.31 416.32 416.33 417.1 417.2 417.3 417.4 417.5 417.6 417.7 417.8 417.9 417.10 417.11 417.12 417.13 417.14 417.15 417.16 417.17 417.18 417.19 417.20 417.21 417.22 417.23 417.24 417.25 417.26 417.27 417.28 417.29 417.30 417.31 417.32 417.33 417.34 418.1 418.2 418.3 418.4 418.5 418.6 418.7 418.8 418.9 418.10 418.11 418.12 418.13 418.14 418.15 418.16 418.17 418.18 418.19 418.20 418.21 418.22 418.23 418.24 418.25 418.26 418.27 418.28 418.29 418.30 418.31 418.32 418.33 418.34 418.35 418.36 419.1 419.2 419.3 419.4 419.5 419.6 419.7 419.8 419.9 419.10 419.11 419.12 419.13 419.14 419.15 419.16 419.17 419.18 419.19 419.20 419.21 419.22 419.23 419.24 419.25 419.26 419.27 419.28 419.29 419.30 419.31 419.32 419.33 419.34 419.35
420.1 420.2 420.3 420.4 420.5 420.6 420.7 420.8 420.9
420.10 420.11 420.12 420.13 420.14 420.15 420.16
420.17 420.18 420.19 420.20 420.21
420.22 420.23 420.24 420.25
420.26 420.27 420.28 420.29 420.30
420.31 421.1 421.2 421.3
421.4 421.5 421.6 421.7 421.8 421.9 421.10 421.11 421.12
421.13 421.14 421.15 421.16 421.17 421.18 421.19 421.20
421.21 421.22 421.23 421.24 421.25
421.26 421.27 421.28 421.29
421.30 421.31 422.1 422.2 422.3
422.4 422.5 422.6
422.7 422.8 422.9 422.10 422.11
422.12 422.13 422.14 422.15 422.16 422.17
422.18 422.19 422.20 422.21 422.22
422.23 422.24 422.25 422.26 422.27 422.28
422.29 422.30 423.1 423.2
423.3 423.4 423.5 423.6 423.7
423.8 423.9 423.10 423.11
423.12 423.13 423.14 423.15
423.16 423.17 423.18 423.19 423.20
423.21 423.22 423.23 423.24 423.25
423.26 423.27 423.28 423.29 424.1 424.2
424.3 424.4 424.5 424.6 424.7 424.8 424.9 424.10
424.11 424.12 424.13 424.14 424.15
424.16 424.17 424.18 424.19 424.20 424.21 424.22 424.23 424.24 424.25 424.26 424.27 424.28 424.29 424.30 424.31 424.32 424.33 425.1 425.2 425.3 425.4 425.5 425.6 425.7 425.8 425.9 425.10 425.11 425.12 425.13
425.14 425.15 425.16 425.17 425.18 425.19 425.20 425.21 425.22 425.23 425.24 425.25 425.26 425.27 425.28 425.29 425.30 425.31 425.32 425.33 425.34 426.1 426.2 426.3 426.4 426.5 426.6 426.7 426.8 426.9 426.10 426.11 426.12 426.13 426.14 426.15 426.16 426.17 426.18 426.19 426.20 426.21 426.22 426.23 426.24 426.25 426.26 426.27 426.28 426.29 426.30 426.31 426.32 426.33 426.34 427.1 427.2 427.3 427.4 427.5 427.6 427.7 427.8 427.9 427.10 427.11 427.12 427.13
427.14 427.15 427.16 427.17 427.18 427.19 427.20 427.21 427.22 427.23 427.24 427.25 427.26 427.27 427.28 427.29 427.30 427.31 427.32 427.33 427.34 428.1 428.2 428.3 428.4 428.5 428.6 428.7 428.8 428.9 428.10 428.11 428.12 428.13 428.14 428.15 428.16 428.17 428.18 428.19 428.20 428.21 428.22 428.23 428.24 428.25 428.26 428.27 428.28 428.29 428.30
428.31 428.32 428.33 428.34
429.1 429.2 429.3 429.4 429.5
429.6 429.7 429.8 429.9 429.10 429.11 429.12 429.13 429.14 429.15 429.16 429.17 429.18 429.19
429.20 429.21 429.22 429.23 429.24
429.25 429.26 429.27 429.28 429.29 429.30 429.31 429.32 429.33 430.1 430.2 430.3 430.4 430.5 430.6 430.7 430.8 430.9 430.10 430.11
430.12 430.13 430.14 430.15 430.16 430.17
430.18 430.19 430.20 430.21 430.22 430.23 430.24 430.25 430.26 430.27 430.28 430.29 430.30 430.31 430.32 430.33 430.34 431.1 431.2 431.3 431.4 431.5 431.6 431.7 431.8 431.9 431.10 431.11 431.12 431.13 431.14 431.15 431.16 431.17 431.18 431.19 431.20 431.21 431.22 431.23 431.24 431.25 431.26 431.27 431.28 431.29 431.30 431.31 431.32 431.33 431.34 431.35 432.1 432.2 432.3 432.4 432.5 432.6 432.7 432.8 432.9 432.10 432.11 432.12 432.13 432.14 432.15 432.16 432.17 432.18 432.19 432.20 432.21 432.22 432.23 432.24 432.25 432.26 432.27 432.28 432.29 432.30 432.31 432.32 432.33 432.34 432.35 433.1 433.2 433.3 433.4 433.5 433.6 433.7 433.8 433.9 433.10 433.11 433.12 433.13 433.14 433.15 433.16 433.17 433.18 433.19 433.20 433.21 433.22 433.23 433.24 433.25 433.26 433.27 433.28 433.29 433.30 433.31 433.32 433.33 433.34 433.35 434.1 434.2 434.3 434.4 434.5 434.6 434.7 434.8 434.9 434.10 434.11 434.12 434.13 434.14 434.15 434.16 434.17 434.18 434.19 434.20 434.21 434.22 434.23 434.24 434.25 434.26 434.27 434.28 434.29 434.30 434.31
434.32 434.33 434.34 434.35 435.1 435.2 435.3 435.4 435.5 435.6 435.7 435.8 435.9 435.10
435.11 435.12 435.13 435.14 435.15
435.16 435.17 435.18 435.19 435.20 435.21 435.22 435.23 435.24 435.25 435.26 435.27
435.28 435.29 435.30 435.31 435.32 435.33
436.1 436.2 436.3 436.4 436.5
436.6 436.7 436.8 436.9 436.10
436.11 436.12 436.13 436.14 436.15 436.16 436.17 436.18 436.19 436.20 436.21 436.22 436.23 436.24 436.25 436.26 436.27 436.28 436.29 436.30 436.31 436.32 436.33
437.1 437.2 437.3 437.4 437.5 437.6 437.7 437.8 437.9 437.10 437.11 437.12 437.13 437.14 437.15 437.16 437.17 437.18 437.19 437.20 437.21
437.22 437.23 437.24 437.25 437.26 437.27 437.28
437.29 437.30 437.31 437.32 437.33 437.34
438.1 438.2 438.3 438.4 438.5 438.6 438.7 438.8 438.9 438.10 438.11 438.12 438.13
438.14 438.15 438.16 438.17 438.18
438.19 438.20 438.21 438.22 438.23 438.24 438.25 438.26 438.27 438.28 438.29 438.30 438.31 438.32 438.33 438.34 439.1 439.2 439.3
439.4 439.5 439.6 439.7 439.8 439.9 439.10 439.11 439.12 439.13 439.14 439.15 439.16 439.17 439.18 439.19 439.20 439.21 439.22 439.23 439.24 439.25
439.26 439.27 439.28 439.29 439.30 439.31 439.32 439.33 439.34 440.1 440.2 440.3 440.4 440.5 440.6 440.7 440.8 440.9 440.10 440.11 440.12 440.13 440.14 440.15 440.16 440.17 440.18 440.19 440.20 440.21 440.22 440.23 440.24 440.25 440.26 440.27 440.28 440.29 440.30 440.31 440.32 440.33 440.34 440.35 440.36 441.1 441.2 441.3 441.4 441.5 441.6 441.7 441.8 441.9 441.10 441.11 441.12 441.13 441.14 441.15 441.16 441.17 441.18 441.19 441.20 441.21 441.22 441.23 441.24 441.25 441.26 441.27 441.28 441.29 441.30 441.31 441.32 441.33 441.34 441.35 442.1 442.2 442.3 442.4 442.5 442.6 442.7 442.8 442.9 442.10 442.11 442.12 442.13 442.14 442.15 442.16 442.17 442.18 442.19 442.20 442.21 442.22 442.23 442.24 442.25 442.26 442.27 442.28 442.29 442.30 442.31 442.32 442.33 442.34 442.35 442.36 443.1 443.2 443.3 443.4 443.5 443.6 443.7 443.8 443.9 443.10 443.11 443.12 443.13 443.14 443.15 443.16 443.17 443.18 443.19 443.20 443.21 443.22 443.23 443.24 443.25 443.26 443.27 443.28 443.29 443.30 443.31 443.32 443.33 443.34 443.35 443.36 444.1 444.2 444.3 444.4 444.5 444.6 444.7 444.8 444.9 444.10 444.11 444.12 444.13 444.14 444.15 444.16 444.17 444.18 444.19 444.20 444.21 444.22 444.23 444.24 444.25 444.26 444.27 444.28 444.29 444.30 444.31 444.32 444.33 444.34 444.35 444.36 445.1 445.2 445.3 445.4 445.5 445.6 445.7 445.8 445.9 445.10 445.11 445.12 445.13 445.14 445.15 445.16 445.17 445.18 445.19 445.20 445.21 445.22 445.23 445.24 445.25 445.26 445.27 445.28 445.29 445.30 445.31 445.32 445.33 445.34 445.35 446.1 446.2 446.3 446.4 446.5 446.6 446.7 446.8 446.9 446.10 446.11 446.12 446.13 446.14 446.15 446.16 446.17 446.18 446.19 446.20 446.21 446.22 446.23 446.24 446.25 446.26 446.27 446.28 446.29 446.30 446.31 446.32 446.33 446.34 446.35 446.36 447.1 447.2 447.3 447.4 447.5 447.6 447.7 447.8 447.9 447.10 447.11 447.12 447.13 447.14
447.15 447.16 447.17 447.18 447.19 447.20
447.21 447.22 447.23 447.24 447.25 447.26
447.27 447.28 447.29 447.30 447.31 447.32 447.33
448.1 448.2
448.3 448.4 448.5 448.6 448.7 448.8 448.9 448.10 448.11 448.12 448.13
448.14 448.15 448.16 448.17 448.18 448.19 448.20 448.21 448.22 448.23 448.24 448.25
448.26 448.27 448.28 448.29 448.30 448.31 448.32 448.33 448.34 448.35 448.36 449.1 449.2 449.3 449.4 449.5 449.6 449.7 449.8 449.9 449.10 449.11 449.12 449.13 449.14 449.15 449.16 449.17 449.18 449.19 449.20 449.21 449.22 449.23 449.24 449.25 449.26 449.27 449.28 449.29 449.30 449.31 449.32 449.33 449.34 449.35 450.1 450.2 450.3 450.4 450.5 450.6 450.7 450.8 450.9 450.10 450.11 450.12 450.13 450.14 450.15 450.16 450.17 450.18 450.19 450.20 450.21 450.22 450.23 450.24 450.25 450.26 450.27 450.28 450.29 450.30 450.31 450.32 450.33 450.34 451.1 451.2 451.3 451.4 451.5 451.6 451.7 451.8 451.9 451.10 451.11 451.12 451.13 451.14 451.15 451.16 451.17 451.18 451.19 451.20 451.21 451.22 451.23 451.24 451.25 451.26 451.27 451.28 451.29 451.30 451.31 451.32 451.33 451.34 452.1 452.2 452.3 452.4 452.5 452.6 452.7 452.8 452.9 452.10 452.11 452.12 452.13 452.14 452.15 452.16 452.17 452.18 452.19 452.20 452.21 452.22 452.23 452.24 452.25 452.26 452.27 452.28 452.29 452.30 452.31 452.32 452.33 452.34 452.35 453.1 453.2 453.3 453.4 453.5 453.6 453.7 453.8 453.9 453.10 453.11 453.12 453.13 453.14 453.15 453.16 453.17 453.18 453.19 453.20 453.21 453.22 453.23 453.24 453.25 453.26 453.27 453.28 453.29 453.30 453.31 453.32 453.33 453.34 454.1 454.2 454.3 454.4 454.5 454.6 454.7 454.8 454.9 454.10 454.11 454.12 454.13 454.14 454.15 454.16 454.17 454.18 454.19 454.20 454.21 454.22 454.23 454.24 454.25 454.26 454.27 454.28 454.29 454.30 454.31 454.32 454.33 455.1 455.2 455.3 455.4 455.5 455.6 455.7 455.8 455.9 455.10 455.11 455.12 455.13 455.14 455.15 455.16 455.17 455.18 455.19 455.20 455.21 455.22 455.23 455.24 455.25 455.26 455.27 455.28 455.29 455.30 455.31 455.32 455.33 455.34 456.1 456.2 456.3 456.4 456.5 456.6 456.7 456.8 456.9 456.10 456.11 456.12 456.13 456.14 456.15 456.16 456.17 456.18 456.19 456.20 456.21 456.22 456.23 456.24 456.25 456.26 456.27 456.28 456.29 456.30 456.31 456.32 456.33 456.34 456.35 457.1 457.2 457.3 457.4 457.5 457.6 457.7 457.8 457.9 457.10 457.11 457.12 457.13 457.14 457.15 457.16 457.17 457.18 457.19 457.20 457.21 457.22 457.23 457.24 457.25 457.26 457.27 457.28 457.29 457.30 457.31 457.32 457.33 458.1 458.2 458.3 458.4 458.5 458.6 458.7 458.8 458.9 458.10 458.11 458.12 458.13 458.14 458.15 458.16 458.17 458.18 458.19 458.20 458.21 458.22 458.23 458.24 458.25 458.26 458.27 458.28 458.29 458.30 458.31 458.32 459.1 459.2 459.3 459.4 459.5 459.6 459.7 459.8 459.9 459.10 459.11 459.12 459.13 459.14 459.15 459.16 459.17 459.18 459.19 459.20 459.21 459.22 459.23 459.24 459.25 459.26 459.27 459.28 459.29 459.30 459.31 459.32 459.33 460.1 460.2 460.3 460.4 460.5 460.6 460.7 460.8 460.9 460.10 460.11 460.12 460.13 460.14 460.15 460.16 460.17 460.18 460.19 460.20 460.21 460.22 460.23 460.24 460.25 460.26 460.27 460.28 460.29 460.30 460.31 460.32 460.33 460.34 460.35 461.1 461.2 461.3 461.4 461.5 461.6 461.7 461.8 461.9 461.10 461.11 461.12 461.13 461.14 461.15 461.16 461.17 461.18 461.19 461.20 461.21 461.22 461.23 461.24 461.25 461.26 461.27 461.28 461.29 461.30 461.31 461.32 461.33 462.1 462.2 462.3 462.4 462.5 462.6 462.7 462.8 462.9 462.10 462.11 462.12 462.13 462.14 462.15 462.16 462.17 462.18 462.19 462.20 462.21 462.22 462.23 462.24 462.25 462.26 462.27 462.28 462.29 462.30 462.31 462.32 462.33 462.34 463.1 463.2 463.3 463.4 463.5 463.6 463.7 463.8 463.9 463.10 463.11 463.12 463.13 463.14 463.15 463.16 463.17 463.18 463.19 463.20 463.21 463.22 463.23 463.24 463.25 463.26 463.27 463.28 463.29 463.30 463.31 463.32 463.33 464.1 464.2 464.3 464.4 464.5 464.6 464.7 464.8 464.9 464.10 464.11 464.12 464.13 464.14 464.15 464.16 464.17 464.18 464.19 464.20 464.21 464.22 464.23 464.24 464.25 464.26 464.27 464.28 464.29 464.30 464.31 464.32 464.33 465.1 465.2 465.3 465.4 465.5 465.6 465.7 465.8 465.9 465.10 465.11 465.12 465.13 465.14 465.15 465.16 465.17 465.18 465.19 465.20 465.21 465.22 465.23 465.24 465.25 465.26 465.27 465.28
465.29 465.30 465.31 465.32 465.33 466.1 466.2 466.3 466.4 466.5 466.6 466.7 466.8 466.9 466.10 466.11 466.12 466.13 466.14 466.15 466.16 466.17 466.18 466.19 466.20 466.21 466.22 466.23 466.24 466.25 466.26 466.27 466.28 466.29 466.30 466.31 466.32 466.33 466.34 466.35 466.36 467.1 467.2 467.3 467.4 467.5 467.6 467.7 467.8 467.9 467.10 467.11 467.12 467.13 467.14 467.15 467.16 467.17 467.18 467.19 467.20 467.21 467.22 467.23 467.24 467.25 467.26 467.27 467.28 467.29 467.30 467.31 467.32 467.33 467.34 468.1 468.2 468.3 468.4 468.5 468.6 468.7 468.8 468.9 468.10 468.11 468.12 468.13 468.14 468.15 468.16 468.17 468.18 468.19 468.20 468.21 468.22 468.23 468.24 468.25 468.26 468.27 468.28 468.29 468.30 468.31 468.32 468.33 468.34 468.35 469.1 469.2 469.3 469.4 469.5 469.6 469.7 469.8 469.9 469.10 469.11
469.12 469.13 469.14 469.15 469.16 469.17 469.18 469.19 469.20 469.21 469.22 469.23 469.24 469.25 469.26 469.27 469.28 469.29 469.30 469.31 469.32 470.1 470.2 470.3 470.4 470.5 470.6 470.7 470.8 470.9 470.10 470.11 470.12 470.13 470.14 470.15 470.16 470.17 470.18 470.19 470.20 470.21 470.22 470.23 470.24 470.25 470.26 470.27 470.28 470.29 470.30 470.31 470.32 470.33 470.34 470.35 470.36 471.1 471.2 471.3 471.4 471.5 471.6 471.7 471.8 471.9 471.10 471.11 471.12 471.13 471.14 471.15 471.16
471.17 471.18 471.19 471.20 471.21 471.22 471.23 471.24 471.25 471.26 471.27 471.28 471.29 471.30 471.31 472.1 472.2 472.3 472.4 472.5 472.6 472.7 472.8 472.9 472.10 472.11 472.12 472.13 472.14
472.15 472.16
472.17
472.18 472.19 472.20
472.21
472.22 472.23 472.24 472.25 472.26 472.27 472.28 472.29 472.30 472.31
473.1 473.2 473.3 473.4 473.5 473.6
473.7 473.8 473.9 473.10 473.11
473.12 473.13 473.14 473.15 473.16 473.17 473.18 473.19 473.20 473.21 473.22 473.23 473.24 473.25 473.26 473.27 473.28 473.29 473.30
473.31 473.32 473.33
474.1 474.2 474.3
474.4 474.5

A bill for an act
 relating to state government; establishing the health and human services budget;
modifying provisions related to health care, continuing care, nursing facility
admission, children and family services, human services licensing, chemical and
mental health, program integrity, managed care organizations, waiver provider
standards, home care, and the Department of Health; redesigning home and
community-based services; establishing community first services and supports
and Northstar Care for Children; providing for fraud investigations in the
child care assistance program; establishing autism early intensive intervention
benefits; creating a human services performance council; making technical
changes; requiring a study; requiring reports; appropriating money; repealing
MinnesotaCare; amending Minnesota Statutes 2012, sections 16C.10, subdivision
5; 16C.155, subdivision 1; 103I.005, by adding a subdivision; 103I.521;
119B.011, by adding a subdivision; 119B.02, by adding a subdivision; 119B.025,
subdivision 1; 119B.03, subdivision 4; 119B.05, subdivision 1; 119B.13,
subdivisions 1, 1a, 6, by adding subdivisions; 144.051, by adding subdivisions;
144.0724, subdivision 4; 144.123, subdivision 1; 144.125, subdivision 1; 144.98,
subdivisions 3, 5, by adding subdivisions; 144.99, subdivision 4; 144A.351;
144A.43; 144A.44; 144A.45; 144D.01, subdivision 4; 145.986; 145C.01,
subdivision 7; 148E.065, subdivision 4a; 149A.02, subdivisions 1a, 2, 3, 4, 5,
16, 23, 27, 34, 35, 37, by adding subdivisions; 149A.03; 149A.65, by adding
subdivisions; 149A.70, subdivisions 1, 2, 3, 5; 149A.71, subdivisions 2, 4;
149A.72, subdivisions 3, 9, by adding a subdivision; 149A.73, subdivisions
1, 2, 4; 149A.74; 149A.90, subdivision 8; 149A.91, subdivision 9; 149A.92,
subdivision 1; 149A.93, subdivisions 3, 6; 149A.94; 149A.96, subdivision
9; 174.30, subdivision 1; 243.166, subdivisions 4b, 7; 245.4682, subdivision
2; 245A.02, subdivisions 1, 9, 10, 14; 245A.03, subdivisions 7, 9; 245A.04,
subdivision 13; 245A.042, subdivision 3; 245A.07, subdivisions 2a, 3; 245A.08,
subdivision 2a; 245A.10; 245A.11, subdivisions 2a, 7, 7a, 7b, 8; 245A.1435;
245A.144; 245A.1444; 245A.16, subdivision 1; 245A.40, subdivision 5;
245A.50; 245C.04, by adding a subdivision; 245C.08, subdivision 1; 245C.33,
subdivision 1; 245D.02; 245D.03; 245D.04; 245D.05; 245D.06; 245D.07;
245D.09; 245D.10; 246.18, subdivision 8, by adding a subdivision; 246.54;
254B.04, subdivision 1; 256.01, subdivisions 2, 24, 34, by adding subdivisions;
256.0112, by adding a subdivision; 256.82, subdivisions 2, 3; 256.969,
subdivision 3a; 256.975, subdivision 7, by adding subdivisions; 256.9754,
subdivision 5, by adding subdivisions; 256.98, subdivision 8; 256B.02, by
adding subdivisions; 256B.021, by adding subdivisions; 256B.04, subdivisions
18, 21, by adding a subdivision; 256B.055, subdivisions 3a, 6, 10, 15, by adding
subdivisions; 256B.056, subdivisions 1, 1a, 1c, 3, 3c, 4, 5c, 10, by adding a
subdivision; 256B.057, subdivisions 1, 8, 10, by adding a subdivision; 256B.059,
subdivision 1; 256B.06, subdivision 4; 256B.0625, subdivisions 13e, 17a, 19c,
58, by adding subdivisions; 256B.0659, subdivision 21; 256B.0911, subdivisions
1, 1a, 3a, 4d, 6, 7, by adding a subdivision; 256B.0913, subdivision 4, by adding a
subdivision; 256B.0915, subdivisions 3a, 5, by adding a subdivision; 256B.0916,
by adding a subdivision; 256B.0917, subdivisions 6, 13, by adding subdivisions;
256B.092, subdivisions 11, 12, by adding subdivisions; 256B.434, subdivision
4; 256B.437, subdivision 6; 256B.439, subdivisions 1, 2, 3, 4, by adding a
subdivision; 256B.441, subdivisions 13, 53, by adding subdivisions; 256B.49,
subdivisions 11a, 12, 14, 15, by adding subdivisions; 256B.4912, subdivisions 1,
7, by adding subdivisions; 256B.493, subdivision 2; 256B.5011, subdivision 2;
256B.69, subdivisions 5c, 31; 256B.76, subdivisions 1, 2; 256B.761; 256B.766;
256I.05, by adding a subdivision; 256J.08, subdivision 24; 256J.21, subdivisions
2, 3; 256J.24, subdivisions 3, 7; 256J.621; 256J.626, subdivision 7; 257.85,
subdivisions 2, 5, 6; 260C.446; 402A.10; 402A.18; 471.59, subdivision 1;
626.556, subdivisions 2, 3, 10d; 626.557, subdivisions 4, 9, 9a, 9e; 626.5572,
subdivision 13; Laws 1998, chapter 407, article 6, section 116; proposing coding
for new law in Minnesota Statutes, chapters 144; 144A; 149A; 245; 245A;
245D; 256; 256B; 256J; 259A; 260C; 402A; proposing coding for new law
as Minnesota Statutes, chapters 245E; 256N; repealing Minnesota Statutes
2012, sections 103I.005, subdivision 20; 144.123, subdivision 2; 144A.46;
144A.461; 149A.025; 149A.20, subdivision 8; 149A.30, subdivision 2; 149A.40,
subdivision 8; 149A.45, subdivision 6; 149A.50, subdivision 6; 149A.51,
subdivision 7; 149A.52, subdivision 5a; 149A.53, subdivision 9; 245A.655;
245B.01; 245B.02; 245B.03; 245B.031; 245B.04; 245B.05, subdivisions 1, 2, 3,
5, 6, 7; 245B.055; 245B.06; 245B.07; 245B.08; 245D.08; 256.82, subdivision
4; 256B.055, subdivisions 3, 5, 10b; 256B.056, subdivision 5b; 256B.057,
subdivisions 1c, 2; 256B.0911, subdivisions 4a, 4b, 4c; 256B.0917, subdivisions
1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 14; 256B.092, subdivision 11; 256B.49,
subdivisions 16a, 22; 256J.24, subdivision 10; 256L.01, subdivisions 1, 1a, 2, 3,
3a, 4a, 5; 256L.02, subdivisions 1, 2, 3; 256L.03, subdivisions 1, 1a, 1b, 2, 3,
3a, 3b, 4, 5, 6; 256L.031; 256L.04, subdivisions 1, 1a, 1b, 2, 2a, 7, 7a, 7b, 8, 9,
10, 10a, 12, 13; 256L.05; 256L.06, subdivision 3; 256L.07, subdivisions 1, 2,
3, 4, 5, 8, 9; 256L.09, subdivisions 1, 2, 4, 5, 6, 7; 256L.10; 256L.11; 256L.12;
256L.15, subdivisions 1, 1a, 1b, 2; 256L.17, subdivisions 1, 2, 3, 4, 5; 256L.18;
256L.22; 256L.24; 256L.26; 256L.28; 260C.441; 485.14; Minnesota Rules, parts
3400.0130, subpart 8; 4668.0002; 4668.0003; 4668.0005; 4668.0008; 4668.0012;
4668.0016; 4668.0017; 4668.0019; 4668.0030; 4668.0035; 4668.0040;
4668.0050; 4668.0060; 4668.0065; 4668.0070; 4668.0075; 4668.0080;
4668.0100; 4668.0110; 4668.0120; 4668.0130; 4668.0140; 4668.0150;
4668.0160; 4668.0170; 4668.0180; 4668.0190; 4668.0200; 4668.0218;
4668.0220; 4668.0230; 4668.0240; 4668.0800; 4668.0805; 4668.0810;
4668.0815; 4668.0820; 4668.0825; 4668.0830; 4668.0835; 4668.0840;
4668.0845; 4668.0855; 4668.0860; 4668.0865; 4668.0870; 4669.0001;
4669.0010; 4669.0020; 4669.0030; 4669.0040; 4669.0050; 9502.0355, subpart
4; 9560.0650, subparts 1, 3, 6; 9560.0651; 9560.0655.

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

ARTICLE 1

AFFORDABLE CARE ACT IMPLEMENTATION; BETTER HEALTH
CARE FOR MORE MINNESOTANS

Section 1.

Minnesota Statutes 2012, section 254B.04, subdivision 1, is amended to read:


Subdivision 1.

Eligibility.

(a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, persons eligible for medical assistance benefits under
sections 256B.055, 256B.056, and 256B.057, subdivisions 1, deleted text begin 2,deleted text end 5, and 6, or who meet
the income standards of section 256B.056, subdivision 4, and persons eligible for general
assistance medical care under section 256D.03, subdivision 3, are entitled to chemical
dependency fund services. State money appropriated for this paragraph must be placed in
a separate account established for this purpose.

Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section 626.556, subdivision 10, or
a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the
local agency to access needed treatment services. Treatment services must be appropriate
for the individual or family, which may include long-term care treatment or treatment in a
facility that allows the dependent children to stay in the treatment facility. The county
shall pay for out-of-home placement costs, if applicable.

(b) A person not entitled to services under paragraph (a), but with family income
that is less than 215 percent of the federal poverty guidelines for the applicable family
size, shall be eligible to receive chemical dependency fund services within the limit
of funds appropriated for this group for the fiscal year. If notified by the state agency
of limited funds, a county must give preferential treatment to persons with dependent
children who are in need of chemical dependency treatment pursuant to an assessment
under section 626.556, subdivision 10, or a case plan under section 260C.201, subdivision
6, or 260C.212. A county may spend money from its own sources to serve persons under
this paragraph. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.

(c) Persons whose income is between 215 percent and 412 percent of the federal
poverty guidelines for the applicable family size shall be eligible for chemical dependency
services on a sliding fee basis, within the limit of funds appropriated for this group for the
fiscal year. Persons eligible under this paragraph must contribute to the cost of services
according to the sliding fee scale established under subdivision 3. A county may spend
money from its own sources to provide services to persons under this paragraph. State
money appropriated for this paragraph must be placed in a separate account established
for this purpose.

Sec. 2.

new text begin [256.0131] FEDERAL APPROVAL OF HEALTH CARE COVERAGE
WAIVER.
 new text end

new text begin (a) The commissioner of human services shall pursue federal funding to provide
health care coverage to certain individuals with incomes above 133 percent of the federal
poverty guidelines effective January 1, 2014. The waiver request shall specify that
reimbursement is requested for providing health care coverage to:
 new text end

new text begin (1) parents and caretaker relatives of children ages birth up to a child's 19th birthday,
children who are 19 years old or older and up to the child's 21st birthday, and adults without
children with household incomes above 133 percent of federal poverty guidelines, and at
or below the lowest income standard for the advance premium tax credit program offered
by the Minnesota Insurance Marketplace, who meet all other eligibility requirements; and
 new text end

new text begin (2) lawfully present noncitizens ineligible for Medicaid by reason of immigration
status with income at or below the lowest income standard for the advance premium
tax credit program offered by the Minnesota Insurance Marketplace who meet all other
eligibility requirements.
 new text end

new text begin (b) The commissioner shall request that federal funding for health care coverage
as described in paragraph (a) continue until Minnesota receives federal approval for, and
implements, a Basic Health Plan option as described in section 1331 of the Affordable
Care Act (Public Law 111-148).
 new text end

new text begin (c) The waiver request must be consistent with provisions of the Affordable Care
Act so that it will operate in conjunction with other insurance affordability programs
defined in that law.
 new text end

Sec. 3.

Minnesota Statutes 2012, section 256B.02, is amended by adding a subdivision
to read:


new text begin Subd. 17. new text end

new text begin Affordable Care Act or ACA. new text end

new text begin "Affordable Care Act" or "ACA" means
Public Law 111-148, as amended by the federal Health Care and Education Reconciliation
Act of 2010 (Public Law 111-152), and any amendments to, or regulations or guidance
issued under, those acts.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 4.

Minnesota Statutes 2012, section 256B.02, is amended by adding a subdivision
to read:


new text begin Subd. 18. new text end

new text begin Caretaker relative. new text end

new text begin "Caretaker relative" means a relative, by blood,
adoption, or marriage, of a child under age 19 with whom the child is living and who
assumes primary responsibility for the child's care.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 5.

Minnesota Statutes 2012, section 256B.02, is amended by adding a subdivision
to read:


new text begin Subd. 19. new text end

new text begin Insurance affordability program. new text end

new text begin "Insurance affordability program"
means one of the following programs:
 new text end

new text begin (1) medical assistance under this chapter;
 new text end

new text begin (2) a program that provides advance payments of the premium tax credits established
under section 36B of the Internal Revenue Code or cost-sharing reductions established
under section 1402 of the Affordable Care Act;
 new text end

new text begin (3) MinnesotaCare as defined in chapter 256L; and
 new text end

new text begin (4) a Basic Health Plan as defined in section 1331 of the Affordable Care Act.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 256B.04, subdivision 18, is amended to read:


Subd. 18.

Applications for medical assistance.

(a) The state agency deleted text begin may take
deleted text end new text begin shall acceptnew text end applications for medical assistance deleted text begin and conduct eligibility determinations for
MinnesotaCare enrolleesdeleted text end new text begin by telephone, via mail, in-person, online via an Internet Web
site, and through other commonly available electronic meansnew text end .

(b) The commissioner of human services shall modify the Minnesota health care
programs application form to add a question asking applicants whether they have ever
served in the United States military.

new text begin (c) For each individual who submits an application or whose eligibility is subject to
renewal or whose eligibility is being redetermined pursuant to a change in circumstances,
if the agency determines the individual is not eligible for medical assistance, the agency
shall determine potential eligibility for other insurance affordability programs.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 7.

Minnesota Statutes 2012, section 256B.055, subdivision 3a, is amended to read:


Subd. 3a.

Families with children.

deleted text begin Beginning July 1, 2002,deleted text end Medical assistance may
be paid for a person who is a child under the age of deleted text begin 18, or age 18 if a full-time student
in a secondary school, or in the equivalent level of vocational or technical training, and
reasonably expected to complete the program before reaching agedeleted text end 19; the parent new text begin or
stepparent new text end of a deleted text begin dependentdeleted text end childnew text begin under the age of 19new text end , including a pregnant woman; or a
caretaker relative of a deleted text begin dependentdeleted text end childnew text begin under the age of 19new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014, or upon federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained.
 new text end

Sec. 8.

Minnesota Statutes 2012, section 256B.055, subdivision 6, is amended to read:


Subd. 6.

Pregnant women; needy unborn child.

Medical assistance may be paid
for a pregnant woman who deleted text begin has written verification of a positive pregnancy test from a
physician or licensed registered nurse, whodeleted text end meets the other eligibility criteria of this
section and whose unborn child would be eligible as a needy child under subdivision 10 if
born and living with the woman. new text begin In accordance with Code of Federal Regulations, title
42, section 435.956, the commissioner must accept self-attestation of pregnancy unless
the agency has information that is not reasonably compatible with such attestation. new text end For
purposes of this subdivision, a woman is considered pregnant for 60 days postpartum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 9.

Minnesota Statutes 2012, section 256B.055, subdivision 10, is amended to read:


Subd. 10.

Infants.

Medical assistance may be paid for an infant less than one year
of age, whose mother was eligible for and receiving medical assistance at the time of birth
or who is new text begin less than two years of age and is new text end in a family with countable income that is equal
to or less than the income standard established under section 256B.057, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014, or upon federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained.
 new text end

Sec. 10.

Minnesota Statutes 2012, section 256B.055, subdivision 15, is amended to read:


Subd. 15.

Adults without children.

Medical assistance may be paid for a person
who is:

(1) at least age 21 and under age 65;

(2) not pregnant;

(3) not entitled to Medicare Part A or enrolled in Medicare Part B under Title XVIII
of the Social Security Act;

(4) deleted text begin not an adult in a family with children as defined in section 256L.01, subdivision
3a; anddeleted text end new text begin not otherwise eligible under subdivision 7 as a person who meets the categorical
eligibility requirements of the supplemental security income program;
new text end

new text begin (5) not enrolled under subdivision 7 as a person who would meet the categorical
eligibility requirements of the supplemental security income program except for excess
income or assets; and
 new text end

deleted text begin (5)deleted text end new text begin (6)new text end not described in another subdivision of this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 11.

Minnesota Statutes 2012, section 256B.055, is amended by adding a
subdivision to read:


new text begin Subd. 16. new text end

new text begin Children ages 19 and 20. new text end

new text begin Medical assistance may be paid for children
who are 19 to 20 years of age.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 12.

Minnesota Statutes 2012, section 256B.055, is amended by adding a
subdivision to read:


new text begin Subd. 17. new text end

new text begin Adults who were in foster care at the age of 18. new text end

new text begin Medical assistance may
be paid for a person under 26 years of age who was in foster care under the commissioner's
responsibility on the date of attaining 18 years of age, and who was enrolled in medical
assistance under the state plan or a waiver of the plan while in foster care, in accordance
with section 2004 of the Affordable Care Act.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 13.

Minnesota Statutes 2012, section 256B.056, subdivision 1, is amended to read:


Subdivision 1.

Residency.

To be eligible for medical assistance, a person must
reside in Minnesota, or, if absent from the state, be deemed to be a resident of Minnesotanew text begin ,
new text end in accordance with deleted text begin the rules of the state agencydeleted text end new text begin Code of Federal Regulations, title 42,
section 435.403new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 14.

Minnesota Statutes 2012, section 256B.056, subdivision 1a, is amended to read:


Subd. 1a.

Income and assets generally.

new text begin (a)(1) new text end Unless specifically required by
state law or rule or federal law or regulation, the methodologies used in counting income
and assets to determine eligibility for medical assistance for persons whose eligibility
category is based on blindness, disability, or age of 65 or more years, the methodologies
for the supplemental security income program shall be used, except as provided under
subdivision 3, paragraph (a), clause (6).

new text begin (2)new text end Increases in benefits under title II of the Social Security Act shall not be counted
as income for purposes of this subdivision until July 1 of each year. Effective upon federal
approval, for children eligible under section 256B.055, subdivision 12, or for home and
community-based waiver services whose eligibility for medical assistance is determined
without regard to parental income, child support payments, including any payments
made by an obligor in satisfaction of or in addition to a temporary or permanent order
for child support, and Social Security payments are not counted as income. deleted text begin For families
and children, which includes all other eligibility categories, the methodologies under the
state's AFDC plan in effect as of July 16, 1996, as required by the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193,
shall be used, except that effective October 1, 2003, the earned income disregards and
deductions are limited to those in subdivision 1c.
deleted text end

new text begin (b)(1) The modified adjusted gross income methodology as defined in the Affordable
Care Act shall be used for eligibility categories based on:
 new text end

new text begin (i) children under age 19 and their parents and relative caretakers as defined in
section 256B.055, subdivision 3a;
 new text end

new text begin (ii) children ages 19 to 20 as defined in section 256B.055, subdivision 16;
 new text end

new text begin (iii) pregnant women as defined in section 256B.055, subdivision 6;
 new text end

new text begin (iv) infants as defined in sections 256B.055, subdivision 10, and 256B.057,
subdivision 8; and
 new text end

new text begin (v) adults without children as defined in section 256B.055, subdivision 15.
 new text end

For these purposes, a "methodology" does not include an asset or income standard,
or accounting method, or method of determining effective dates.

new text begin (2) For individuals whose income eligibility is determined using the modified
adjusted gross income methodology in clause (1), the commissioner shall subtract from
the individual's modified adjusted gross income an amount equivalent to five percent
of the federal poverty guidelines.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 15.

Minnesota Statutes 2012, section 256B.056, subdivision 1c, is amended to read:


Subd. 1c.

Families with children income methodology.

(a)(1) [Expired, 1Sp2003
c 14 art 12 s 17]

(2) For applications processed within one calendar month prior to July 1, 2003,
eligibility shall be determined by applying the income standards and methodologies in
effect prior to July 1, 2003, for any months in the six-month budget period before July
1, 2003, and the income standards and methodologies in effect on July 1, 2003, for any
months in the six-month budget period on or after that date. The income standards for
each month shall be added together and compared to the applicant's total countable income
for the six-month budget period to determine eligibility.

(3) For children ages one through 18 deleted text begin whose eligibility is determined under section
256B.057, subdivision 2deleted text end , the following deductions shall be applied to income counted
toward the child's eligibility as allowed under the state's AFDC plan in effect as of July
16, 1996: $90 work expense, dependent care, and child support paid under court order.
This clause is effective October 1, 2003.

(b) For families with children whose eligibility is determined using the standard
specified in section 256B.056, subdivision 4, paragraph (c), 17 percent of countable
earned income shall be disregarded for up to four months and the following deductions
shall be applied to each individual's income counted toward eligibility as allowed under
the state's AFDC plan in effect as of July 16, 1996: dependent care and child support paid
under court order.

(c) If the four-month disregard in paragraph (b) has been applied to the wage
earner's income for four months, the disregard shall not be applied again until the wage
earner's income has not been considered in determining medical assistance eligibility for
12 consecutive months.

(d) The commissioner shall adjust the income standards under this section each July
1 by the annual update of the federal poverty guidelines following publication by the
United States Department of Health and Human Services except that the income standards
shall not go below those in effect on July 1, 2009.

(e) For children age 18 or under, annual gifts of $2,000 or less by a tax-exempt
organization to or for the benefit of the child with a life-threatening illness must be
disregarded from income.

Sec. 16.

Minnesota Statutes 2012, section 256B.056, subdivision 3, is amended to read:


Subd. 3.

Asset limitations for new text begin certain new text end individuals deleted text begin and familiesdeleted text end .

deleted text begin (a)deleted text end To be
eligible for medical assistance, a person must not individually own more than $3,000 in
assets, or if a member of a household with two family members, husband and wife, or
parent and child, the household must not own more than $6,000 in assets, plus $200 for
each additional legal dependent. In addition to these maximum amounts, an eligible
individual or family may accrue interest on these amounts, but they must be reduced to the
maximum at the time of an eligibility redetermination. The accumulation of the clothing
and personal needs allowance according to section 256B.35 must also be reduced to the
maximum at the time of the eligibility redetermination. The value of assets that are not
considered in determining eligibility for medical assistance is the value of those assets
excluded under the supplemental security income program for aged, blind, and disabled
persons, with the following exceptions:

(1) household goods and personal effects are not considered;

(2) capital and operating assets of a trade or business that the local agency determines
are necessary to the person's ability to earn an income are not considered;

(3) motor vehicles are excluded to the same extent excluded by the supplemental
security income program;

(4) assets designated as burial expenses are excluded to the same extent excluded by
the supplemental security income program. Burial expenses funded by annuity contracts
or life insurance policies must irrevocably designate the individual's estate as contingent
beneficiary to the extent proceeds are not used for payment of selected burial expenses;

(5) for a person who no longer qualifies as an employed person with a disability due
to loss of earnings, assets allowed while eligible for medical assistance under section
256B.057, subdivision 9, are not considered for 12 months, beginning with the first month
of ineligibility as an employed person with a disability, to the extent that the person's total
assets remain within the allowed limits of section 256B.057, subdivision 9, paragraph (d);

(6) when a person enrolled in medical assistance under section 256B.057, subdivision
9, is age 65 or older and has been enrolled during each of the 24 consecutive months
before the person's 65th birthday, the assets owned by the person and the person's spouse
must be disregarded, up to the limits of section 256B.057, subdivision 9, paragraph (d),
when determining eligibility for medical assistance under section 256B.055, subdivision
7. The income of a spouse of a person enrolled in medical assistance under section
256B.057, subdivision 9, during each of the 24 consecutive months before the person's
65th birthday must be disregarded when determining eligibility for medical assistance
under section 256B.055, subdivision 7. Persons eligible under this clause are not subject to
the provisions in section 256B.059. A person whose 65th birthday occurs in 2012 or 2013
is required to have qualified for medical assistance under section 256B.057, subdivision 9,
prior to age 65 for at least 20 months in the 24 months prior to reaching age 65; and

(7) effective July 1, 2009, certain assets owned by American Indians are excluded as
required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42, section 447.50.

deleted text begin (b) No asset limit shall apply to persons eligible under section 256B.055, subdivision
15.
 deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 17.

Minnesota Statutes 2012, section 256B.056, subdivision 3c, is amended to read:


Subd. 3c.

Asset limitations for families and children.

new text begin (a) new text end A household of two or
more persons must not own more than $20,000 in total net assets, and a household of one
person must not own more than $10,000 in total net assets. In addition to these maximum
amounts, an eligible individual or family may accrue interest on these amounts, but they
must be reduced to the maximum at the time of an eligibility redetermination. The value of
assets that are not considered in determining eligibility for medical assistance for families
and children is the value of those assets excluded under the AFDC state plan as of July 16,
1996, as required by the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:

(1) household goods and personal effects are not considered;

(2) capital and operating assets of a trade or business up to $200,000 are not
considered, except that a bank account that contains personal income or assets, or is used to
pay personal expenses, is not considered a capital or operating asset of a trade or business;

(3) one motor vehicle is excluded for each person of legal driving age who is
employed or seeking employment;

(4) assets designated as burial expenses are excluded to the same extent they are
excluded by the Supplemental Security Income program;

(5) court-ordered settlements up to $10,000 are not considered;

(6) individual retirement accounts and funds are not considered;

(7) assets owned by children are not considered; and

(8) effective July 1, 2009, certain assets owned by American Indians are excluded as
required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42, section 447.50.

The assets specified in clause (2) must be disclosed to the local agency at the time of
application and at the time of an eligibility redetermination, and must be verified upon
request of the local agency.

new text begin (b) Beginning January 1, 2014, this subdivision applies only to parents and caretaker
relatives who qualify for medical assistance under subdivision 5.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 18.

Minnesota Statutes 2012, section 256B.056, subdivision 4, is amended to read:


Subd. 4.

Income.

(a) To be eligible for medical assistance, a person eligible under
section 256B.055, subdivisions 7, 7a, and 12, may have income up to 100 percent of
the federal poverty guidelines. Effective January 1, 2000, and each successive January,
recipients of supplemental security income may have an income up to the supplemental
security income standard in effect on that date.

(b) To be eligible for medical assistance, families and children may have an income
up to 133-1/3 percent of the AFDC income standard in effect under the July 16, 1996,
AFDC state plan. Effective July 1, 2000, the base AFDC standard in effect on July 16,
1996, shall be increased by three percent.

(c) Effective deleted text begin July 1, 2002deleted text end new text begin January 1, 2014new text end , to be eligible for medical assistance,
deleted text begin families and childrendeleted text end new text begin under section 256B.055, subdivision 3a, a parent or caretaker
relativenew text end may have an income up to deleted text begin 100deleted text end new text begin 133new text end percent of the federal poverty guidelines for
the deleted text begin familydeleted text end new text begin householdnew text end size.

(d) To be eligible for medical assistance under section 256B.055, subdivision 15,
a person may have an income up to deleted text begin 75deleted text end new text begin 133new text end percent of federal poverty guidelines for
the deleted text begin familydeleted text end new text begin householdnew text end size.

(e) deleted text begin In computing income to determine eligibility of persons under paragraphs (a) to
(d) who are not residents of long-term care facilities, the commissioner shall disregard
increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509.
Veterans aid and attendance benefits and Veterans Administration unusual medical
expense payments are considered income to the recipientdeleted text end new text begin To be eligible for medical
assistance under section 256B.055, subdivision 16, a child may have an income up to 133
percent of the federal poverty guidelines for the household sizenew text end .

new text begin (f) In computing income to determine eligibility of persons under paragraphs (a) to
(e) who are not residents of long-term care facilities, the commissioner shall disregard
increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509.
For persons eligible under paragraph (a), veteran aid and attendance benefits and Veterans
Administration unusual medical expense payments are considered income to the recipient.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 19.

Minnesota Statutes 2012, section 256B.056, subdivision 5c, is amended to read:


Subd. 5c.

Excess income standard.

(a) The excess income standard for deleted text begin families
with childrendeleted text end new text begin parents and caretaker relatives, pregnant women, infants, and children ages
two through 20new text end is the standard specified in subdivision 4new text begin , paragraph (b)new text end .

(b) The excess income standard for a person whose eligibility is based on blindness,
disability, or age of 65 or more years deleted text begin is 70 percent of the federal poverty guidelines for the
family size. Effective July 1, 2002, the excess income standard for this paragraphdeleted text end shall
equal 75 percent of the federal poverty guidelines.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 20.

Minnesota Statutes 2012, section 256B.056, is amended by adding a
subdivision to read:


new text begin Subd. 7a. new text end

new text begin Periodic renewal of eligibility. new text end

new text begin (a) The commissioner shall make an
annual redetermination of eligibility based on information contained in the enrollee's case
file and other information available to the agency, including but not limited to information
accessed through an electronic database, without requiring the enrollee to submit any
information when sufficient data is available for the agency to renew eligibility.
 new text end

new text begin (b) If the commissioner cannot renew eligibility in accordance with paragraph (a),
the commissioner must provide the enrollee with a prepopulated renewal form containing
eligibility information available to the agency and permit the enrollee to submit the form
with any corrections or additional information to the agency and sign the renewal form via
any of the modes of submission specified in section 256B.04, subdivision 18.
 new text end

new text begin (c) An enrollee who is terminated for failure to complete the renewal process may
subsequently submit the renewal form and required information within four months after
the date of termination and have coverage reinstated without a lapse, if otherwise eligible
under this chapter.
 new text end

new text begin (d) Notwithstanding paragraph (a), individuals eligible under subdivision 5 shall be
required to renew eligibility every six months.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 21.

Minnesota Statutes 2012, section 256B.056, subdivision 10, is amended to read:


Subd. 10.

Eligibility verification.

(a) The commissioner shall require women who
are applying for the continuation of medical assistance coverage following the end of the
60-day postpartum period to update their income and asset information and to submit
any required income or asset verification.

(b) The commissioner shall determine the eligibility of private-sector health care
coverage for infants less than one year of age eligible under section 256B.055, subdivision
10, or 256B.057, subdivision 1, paragraph (d), and shall pay for private-sector coverage
if this is determined to be cost-effective.

(c) The commissioner shall verify assets and income for all applicants, and for all
recipients upon renewal.

new text begin (d) The commissioner shall utilize information obtained through the electronic
service established by the secretary of the United States Department of Health and Human
Services and other available electronic data sources in Code of Federal Regulations, title
42, sections 435.940 to 435.956, to verify eligibility requirements. The commissioner
shall establish standards to define when information obtained electronically is reasonably
compatible with information provided by applicants and enrollees, including use of
self-attestation, to accomplish real-time eligibility determinations and maintain program
integrity.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 22.

Minnesota Statutes 2012, section 256B.057, subdivision 1, is amended to read:


Subdivision 1.

Infants and pregnant women.

(a)deleted text begin (1)deleted text end An infant less than deleted text begin one year
deleted text end new text begin two yearsnew text end of age or a pregnant woman deleted text begin who has written verification of a positive pregnancy
test from a physician or licensed registered nursedeleted text end is eligible for medical assistance ifnew text begin the
individual'snew text end countable deleted text begin familydeleted text end new text begin householdnew text end income is equal to or less than 275 percent of the
federal poverty guideline for the same deleted text begin familydeleted text end new text begin householdnew text end sizenew text begin or an equivalent standard
when converted using modified adjusted gross income methodology as required under
the Affordable Care Actnew text end . deleted text begin For purposes of this subdivision, "countable family income"
means the amount of income considered available using the methodology of the AFDC
program under the state's AFDC plan as of July 16, 1996, as required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public
Law 104-193, except for the earned income disregard and employment deductions.
deleted text end

deleted text begin (2) For applications processed within one calendar month prior to the effective date,
eligibility shall be determined by applying the income standards and methodologies in
effect prior to the effective date for any months in the six-month budget period before
that date and the income standards and methodologies in effect on the effective date for
any months in the six-month budget period on or after that date. The income standards
for each month shall be added together and compared to the applicant's total countable
income for the six-month budget period to determine eligibility.
 deleted text end

deleted text begin (b)(1) [Expired, 1Sp2003 c 14 art 12 s 19]
 deleted text end

deleted text begin (2) For applications processed within one calendar month prior to July 1, 2003,
eligibility shall be determined by applying the income standards and methodologies in
effect prior to July 1, 2003, for any months in the six-month budget period before July 1,
2003, and the income standards and methodologies in effect on the expiration date for any
months in the six-month budget period on or after July 1, 2003. The income standards
for each month shall be added together and compared to the applicant's total countable
income for the six-month budget period to determine eligibility.
 deleted text end

deleted text begin (3) An amount equal to the amount of earned income exceeding 275 percent of
the federal poverty guideline, up to a maximum of the amount by which the combined
total of 185 percent of the federal poverty guideline plus the earned income disregards
and deductions allowed under the state's AFDC plan as of July 16, 1996, as required
by the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA), Public
Law 104-193, exceeds 275 percent of the federal poverty guideline will be deducted for
pregnant women and infants less than one year of age.
 deleted text end

deleted text begin (c) Dependent care and child support paid under court order shall be deducted from
the countable income of pregnant women.
 deleted text end

deleted text begin (d)deleted text end new text begin (b)new text end An infant born to a woman who was eligible for and receiving medical
assistance on the date of the child's birth shall continue to be eligible for medical assistance
without redetermination until the child's first birthday.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 23.

Minnesota Statutes 2012, section 256B.057, subdivision 8, is amended to read:


Subd. 8.

Children under age two.

Medical assistance may be paid for a child under
two years of age whose countable family income is above 275 percent of the federal poverty
guidelines for the same size family but less than or equal to 280 percent of the federal
poverty guidelines for the same size familynew text begin or an equivalent standard when converted using
modified adjusted gross income methodology as required under the Affordable Care Actnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 24.

Minnesota Statutes 2012, section 256B.057, subdivision 10, is amended to read:


Subd. 10.

Certain persons needing treatment for breast or cervical cancer.

(a)
Medical assistance may be paid for a person who:

(1) has been screened for breast or cervical cancer by the Minnesota breast and
cervical cancer control program, and program funds have been used to pay for the person's
screening;

(2) according to the person's treating health professional, needs treatment, including
diagnostic services necessary to determine the extent and proper course of treatment, for
breast or cervical cancer, including precancerous conditions and early stage cancer;

(3) meets the income eligibility guidelines for the Minnesota breast and cervical
cancer control program;

(4) is under age 65;

(5) is not otherwise eligible for medical assistance under United States Code, title
42, section 1396a(a)(10)(A)(i); and

(6) is not otherwise covered under creditable coverage, as defined under United
States Code, title 42, section 1396a(aa).

(b) Medical assistance provided for an eligible person under this subdivision shall
be limited to services provided during the period that the person receives treatment for
breast or cervical cancer.

(c) A person meeting the criteria in paragraph (a) is eligible for medical assistance
without meeting the eligibility criteria relating to income and assets in section 256B.056,
subdivisions 1a to deleted text begin 5bdeleted text end new text begin 5anew text end .

Sec. 25.

Minnesota Statutes 2012, section 256B.057, is amended by adding a
subdivision to read:


new text begin Subd. 12. new text end

new text begin Presumptive eligibility determinations made by qualified hospitals.
 new text end

new text begin The commissioner shall establish a process to qualify hospitals that are participating
providers under the medical assistance program to determine presumptive eligibility for
medical assistance for applicants who may have a basis of eligibility using the modified
adjusted gross income methodology as defined in section 256B.056, subdivision 1a,
paragraph (b), clause (1).
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 26.

Minnesota Statutes 2012, section 256B.059, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section and sections 256B.058
and 256B.0595, the terms defined in this subdivision have the meanings given them.

(b) "Community spouse" means the spouse of an institutionalized spouse.

(c) "Spousal share" means one-half of the total value of all assets, to the extent that
either the institutionalized spouse or the community spouse had an ownership interest at
the time of the first continuous period of institutionalization.

(d) "Assets otherwise available to the community spouse" means assets individually
or jointly owned by the community spouse, other than assets excluded by subdivision 5,
paragraph (c).

(e) "Community spouse asset allowance" is the value of assets that can be transferred
under subdivision 3.

(f) "Institutionalized spouse" means a person who is:

(1) in a hospital, nursing facility, or intermediate care facility for persons with
developmental disabilities, or receiving home and community-based services under section
256B.0915,new text begin 256B.092, or 256B.49new text end and is expected to remain in the facility or institution
or receive the home and community-based services for at least 30 consecutive days; and

(2) married to a person who is not in a hospital, nursing facility, or intermediate
care facility for persons with developmental disabilities, and is not receiving home and
community-based services under section 256B.0915, 256B.092, or 256B.49.

(g) "For the sole benefit of" means no other individual or entity can benefit in any
way from the assets or income at the time of a transfer or at any time in the future.

(h) "Continuous period of institutionalization" means a 30-consecutive-day period
of time in which a person is expected to stay in a medical or long-term care facility, or
receive home and community-based services that would qualify for coverage under deleted text begin the
elderly waiver (EW) or alternative care (AC) programsdeleted text end new text begin section 256B.0913, 256B.0915,
256B.092, or 256B.49new text end . For a stay in a facility, the 30-consecutive-day period begins
on the date of entry into a medical or long-term care facility. For receipt of home and
community-based services, the 30-consecutive-day period begins on the date that the
following conditions are met:

(1) the person is receiving services that meet the nursing facility level of care
determined by a long-term care consultation;

(2) the person has received the long-term care consultation within the past 60 days;

(3) the services are paid deleted text begin by the EW programdeleted text end under section deleted text begin 256B.0915 or the AC
program under sectiondeleted text end 256B.0913new text begin , 256B.0915, 256B.092, or 256B.49new text end or would qualify
for payment under deleted text begin the EW or AC programsdeleted text end new text begin those sectionsnew text end if the person were otherwise
eligible for either program, and but for the receipt of such services the person would have
resided in a nursing facility; and

(4) the services are provided by a licensed provider qualified to provide home and
community-based services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 27.

Minnesota Statutes 2012, section 256B.06, subdivision 4, is amended to read:


Subd. 4.

Citizenship requirements.

(a) Eligibility for medical assistance is limited
to citizens of the United States, qualified noncitizens as defined in this subdivision, and
other persons residing lawfully in the United States. Citizens or nationals of the United
States must cooperate in obtaining satisfactory documentary evidence of citizenship or
nationality according to the requirements of the federal Deficit Reduction Act of 2005,
Public Law 109-171.

(b) "Qualified noncitizen" means a person who meets one of the following
immigration criteria:

(1) admitted for lawful permanent residence according to United States Code, title 8;

(2) admitted to the United States as a refugee according to United States Code,
title 8, section 1157;

(3) granted asylum according to United States Code, title 8, section 1158;

(4) granted withholding of deportation according to United States Code, title 8,
section 1253(h);

(5) paroled for a period of at least one year according to United States Code, title 8,
section 1182(d)(5);

(6) granted conditional entrant status according to United States Code, title 8,
section 1153(a)(7);

(7) determined to be a battered noncitizen by the United States Attorney General
according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;

(8) is a child of a noncitizen determined to be a battered noncitizen by the United
States Attorney General according to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill,
Public Law 104-200; or

(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
Law 96-422, the Refugee Education Assistance Act of 1980.

(c) All qualified noncitizens who were residing in the United States before August
22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation.

(d) Beginning December 1, 1996, qualified noncitizens who entered the United
States on or after August 22, 1996, and who otherwise meet the eligibility requirements
of this chapter are eligible for medical assistance with federal participation for five years
if they meet one of the following criteria:

(1) refugees admitted to the United States according to United States Code, title 8,
section 1157;

(2) persons granted asylum according to United States Code, title 8, section 1158;

(3) persons granted withholding of deportation according to United States Code,
title 8, section 1253(h);

(4) veterans of the United States armed forces with an honorable discharge for
a reason other than noncitizen status, their spouses and unmarried minor dependent
children; or

(5) persons on active duty in the United States armed forces, other than for training,
their spouses and unmarried minor dependent children.

Beginning July 1, 2010, children and pregnant women who are noncitizens
described in paragraph (b) or who are lawfully present in the United States as defined
in Code of Federal Regulations, title 8, section 103.12, and who otherwise meet
eligibility requirements of this chapter, are eligible for medical assistance with federal
financial participation as provided by the federal Children's Health Insurance Program
Reauthorization Act of 2009, Public Law 111-3.

(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter
are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this
subdivision, a "nonimmigrant" is a person in one of the classes listed in United States
Code, title 8, section 1101(a)(15).

(f) Payment shall also be made for care and services that are furnished to noncitizens,
regardless of immigration status, who otherwise meet the eligibility requirements of
this chapter, if such care and services are necessary for the treatment of an emergency
medical condition.

(g) For purposes of this subdivision, the term "emergency medical condition" means
a medical condition that meets the requirements of United States Code, title 42, section
1396b(v).

(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment
of an emergency medical condition are limited to the following:

(i) services delivered in an emergency room or by an ambulance service licensed
under chapter 144E that are directly related to the treatment of an emergency medical
condition;

(ii) services delivered in an inpatient hospital setting following admission from an
emergency room or clinic for an acute emergency condition; and

(iii) follow-up services that are directly related to the original service provided
to treat the emergency medical condition and are covered by the global payment made
to the provider.

(2) Services for the treatment of emergency medical conditions do not include:

(i) services delivered in an emergency room or inpatient setting to treat a
nonemergency condition;

(ii) organ transplants, stem cell transplants, and related care;

(iii) services for routine prenatal care;

(iv) continuing care, including long-term care, nursing facility services, home health
care, adult day care, day training, or supportive living services;

(v) elective surgery;

(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as
part of an emergency room visit;

(vii) preventative health care and family planning services;

(viii) dialysis;

(ix) chemotherapy or therapeutic radiation services;

(x) rehabilitation services;

(xi) physical, occupational, or speech therapy;

(xii) transportation services;

(xiii) case management;

(xiv) prosthetics, orthotics, durable medical equipment, or medical supplies;

(xv) dental services;

(xvi) hospice care;

(xvii) audiology services and hearing aids;

(xviii) podiatry services;

(xix) chiropractic services;

(xx) immunizations;

(xxi) vision services and eyeglasses;

(xxii) waiver services;

(xxiii) individualized education programs; or

(xxiv) chemical dependency treatment.

(i) deleted text begin Beginning July 1, 2009,deleted text end Pregnant noncitizens who are deleted text begin undocumented,
nonimmigrants, or lawfully present in the United States as defined in Code of Federal
Regulations, title 8, section 103.12,deleted text end new text begin ineligible for federally funded medical assistance
new text end are not covered by a group health plan or health insurance coverage according to Code
of Federal Regulations, title 42, section 457.310, and who otherwise meet the eligibility
requirements of this chapter, are eligible for medical assistance through the period of
pregnancy, including labor and delivery, and 60 days postpartum, to the extent federal
funds are available under title XXI of the Social Security Act, and the state children's
health insurance program.

(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation
services from a nonprofit center established to serve victims of torture and are otherwise
ineligible for medical assistance under this chapter are eligible for medical assistance
without federal financial participation. These individuals are eligible only for the period
during which they are receiving services from the center. Individuals eligible under this
paragraph shall not be required to participate in prepaid medical assistance.

new text begin (k) Noncitizens who are lawfully present in the United States as defined in Code
of Federal Regulations, title 8, section 103.12, who are not children or pregnant women
as defined in paragraph (d), and who otherwise meet the eligibility requirements of this
chapter, are eligible for medical assistance without federal financial participation. These
individuals must cooperate with the United States Citizenship and Immigration Services to
pursue any applicable immigration status, including citizenship, that would qualify them
for medical assistance with federal financial participation.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Repeal; certain health care provisions. new text end

new text begin Minnesota Statutes 2012,
sections 256B.055, subdivisions 3, 5, and 10b; 256B.056, subdivision 5b; and 256B.057,
subdivisions 1c and 2, new text end new text begin are repealed.
 new text end

new text begin Subd. 2. new text end

new text begin Repeal of MinnesotaCare. new text end

new text begin Minnesota Statutes 2012, sections 256L.01,
subdivisions 1, 1a, 2, 3, 3a, 4a, and 5; 256L.02, subdivisions 1, 2, and 3; 256L.03,
subdivisions 1, 1a, 1b, 2, 3, 3a, 3b, 4, 5, and 6; 256L.031; 256L.04, subdivisions 1, 1a,
1b, 2, 2a, 7, 7a, 7b, 8, 9, 10, 10a, 12, and 13; 256L.05; 256L.06, subdivision 3; 256L.07,
subdivisions 1, 2, 3, 4, 5, 8, and 9; 256L.09, subdivisions 1, 2, 4, 5, 6, and 7; 256L.10;
256L.11; 256L.12; 256L.15, subdivisions 1, 1a, 1b, and 2; 256L.17, subdivisions 1, 2,
3, 4, and 5; 256L.18; 256L.22; 256L.24; 256L.26; and 256L.28, new text end new text begin are repealed effective
January 1, 2014.
 new text end

ARTICLE 2

REFORM 2020; REDESIGNING HOME AND COMMUNITY-BASED SERVICES

Section 1.

Minnesota Statutes 2012, section 144.0724, subdivision 4, is amended to read:


Subd. 4.

Resident assessment schedule.

(a) A facility must conduct and
electronically submit to the commissioner of health case mix assessments that conform
with the assessment schedule defined by Code of Federal Regulations, title 42, section
483.20, and published by the United States Department of Health and Human Services,
Centers for Medicare and Medicaid Services, in the Long Term Care Assessment
Instrument User's Manual, version 3.0, and subsequent updates when issued by the
Centers for Medicare and Medicaid Services. The commissioner of health may substitute
successor manuals or question and answer documents published by the United States
Department of Health and Human Services, Centers for Medicare and Medicaid Services,
to replace or supplement the current version of the manual or document.

(b) The assessments used to determine a case mix classification for reimbursement
include the following:

(1) a new admission assessment must be completed by day 14 following admission;

(2) an annual assessment which must have an assessment reference date (ARD)
within 366 days of the ARD of the last comprehensive assessment;

(3) a significant change assessment must be completed within 14 days of the
identification of a significant change; and

(4) all quarterly assessments must have an assessment reference date (ARD) within
92 days of the ARD of the previous assessment.

(c) In addition to the assessments listed in paragraph (b), the assessments used to
determine nursing facility level of care include the following:

(1) preadmission screening completed under section deleted text begin 256B.0911, subdivision 4a, by a
county, tribe, or managed care organization under contract with the Department of Human
Servicesdeleted text end new text begin 256.975, subdivision 7a, by the Senior LinkAge Line or Disability Linkage Line
or other organization under contract with the Minnesota Board on Agingnew text end ; and

(2) new text begin a nursing facility level of care determination as provided for under section
256B.0911, subdivision 4e, as part of new text end a face-to-face long-term care consultation assessment
completed under section 256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe, or
managed care organization under contract with the Department of Human Services.

Sec. 2.

Minnesota Statutes 2012, section 144A.351, is amended to read:


144A.351 BALANCING LONG-TERM CARE SERVICES AND SUPPORTS:
REPORT new text begin AND STUDY new text end REQUIRED.

new text begin Subdivision 1. new text end

new text begin Report requirements. new text end

The commissioners of health and human
services, with the cooperation of counties and in consultation with stakeholders, including
persons who need or are using long-term care services and supports, lead agencies,
regional entities, senior, disability, and mental health organization representatives, service
providers, and community members shall prepare a report to the legislature by August 15,
2013, and biennially thereafter, regarding the status of the full range of long-term care
services and supports for the elderly and children and adults with disabilities and mental
illnesses in Minnesota. The report shall address:

(1) demographics and need for long-term care services and supports in Minnesota;

(2) summary of county and regional reports on long-term care gaps, surpluses,
imbalances, and corrective action plans;

(3) status of long-term care services and related mental health services, housing
options, and supports by county and region including:

(i) changes in availability of the range of long-term care services and housing options;

(ii) access problems, including access to the least restrictive and most integrated
services and settings, regarding long-term care services; and

(iii) comparative measures of long-term care services availability, including serving
people in their home areas near family, and changes over time; and

(4) recommendations regarding goals for the future of long-term care services and
supports, policy and fiscal changes, and resource development and transition needs.

new text begin Subd. 2. new text end

new text begin Critical access study. new text end

new text begin The commissioner shall conduct a onetime study
to assess local capacity and availability of home and community-based services for
older adults and people with disabilities. The study must assess critical access at the
community level and identify potential strategies to build home and community-based
service capacity in critical access areas.
 new text end

Sec. 3.

Minnesota Statutes 2012, section 148E.065, subdivision 4a, is amended to read:


Subd. 4a.

City, county, and state social workers.

(a) Beginning July 1, 2016, the
licensure of city, county, and state agency social workers is voluntary, except an individual
who is newly employed by a city or state agency after July 1, 2016, must be licensed
if the individual who provides social work services, as those services are defined in
section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title
incorporating the words "social work" or "social worker."

(b) City, county, and state agencies employing social workers new text begin and staff who are
designated to perform mandated duties under sections 256.975, subdivisions 7 to 7c and
256.01, subdivision 24, new text end are not required to employ licensed social workers.

Sec. 4.

Minnesota Statutes 2012, section 256.01, subdivision 2, is amended to read:


Subd. 2.

Specific powers.

Subject to the provisions of section 241.021, subdivision
2, the commissioner of human services shall carry out the specific duties in paragraphs (a)
through deleted text begin (cc)deleted text end new text begin (dd)new text end :

(a) Administer and supervise all forms of public assistance provided for by state law
and other welfare activities or services as are vested in the commissioner. Administration
and supervision of human services activities or services includes, but is not limited to,
assuring timely and accurate distribution of benefits, completeness of service, and quality
program management. In addition to administering and supervising human services
activities vested by law in the department, the commissioner shall have the authority to:

(1) require county agency participation in training and technical assistance programs
to promote compliance with statutes, rules, federal laws, regulations, and policies
governing human services;

(2) monitor, on an ongoing basis, the performance of county agencies in the
operation and administration of human services, enforce compliance with statutes, rules,
federal laws, regulations, and policies governing welfare services and promote excellence
of administration and program operation;

(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;

(4) require county agencies to make an adjustment to the public assistance benefits
issued to any individual consistent with federal law and regulation and state law and rule
and to issue or recover benefits as appropriate;

(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 256.017;

(6) make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using appropriated funds; and

(7) enter into contractual agreements with federally recognized Indian tribes with
a reservation in Minnesota to the extent necessary for the tribe to operate a federally
approved family assistance program or any other program under the supervision of the
commissioner. The commissioner shall consult with the affected county or counties in
the contractual agreement negotiations, if the county or counties wish to be included,
in order to avoid the duplication of county and tribal assistance program services. The
commissioner may establish necessary accounts for the purposes of receiving and
disbursing funds as necessary for the operation of the programs.

(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
regulation, and policy necessary to county agency administration of the programs.

(c) Administer and supervise all child welfare activities; promote the enforcement of
laws protecting disabled, dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the times of the conception
nor at the births of the children; license and supervise child-caring and child-placing
agencies and institutions; supervise the care of children in boarding and foster homes or
in private institutions; and generally perform all functions relating to the field of child
welfare now vested in the State Board of Control.

(d) Administer and supervise all noninstitutional service to disabled persons,
including those who are visually impaired, hearing impaired, or physically impaired
or otherwise disabled. The commissioner may provide and contract for the care and
treatment of qualified indigent children in facilities other than those located and available
at state hospitals when it is not feasible to provide the service in state hospitals.

(e) Assist and actively cooperate with other departments, agencies and institutions,
local, state, and federal, by performing services in conformity with the purposes of Laws
1939, chapter 431.

(f) Act as the agent of and cooperate with the federal government in matters of
mutual concern relative to and in conformity with the provisions of Laws 1939, chapter
431, including the administration of any federal funds granted to the state to aid in the
performance of any functions of the commissioner as specified in Laws 1939, chapter 431,
and including the promulgation of rules making uniformly available medical care benefits
to all recipients of public assistance, at such times as the federal government increases its
participation in assistance expenditures for medical care to recipients of public assistance,
the cost thereof to be borne in the same proportion as are grants of aid to said recipients.

(g) Establish and maintain any administrative units reasonably necessary for the
performance of administrative functions common to all divisions of the department.

(h) Act as designated guardian of both the estate and the person of all the wards of
the state of Minnesota, whether by operation of law or by an order of court, without any
further act or proceeding whatever, except as to persons committed as developmentally
disabled. For children under the guardianship of the commissioner or a tribe in Minnesota
recognized by the Secretary of the Interior whose interests would be best served by
adoptive placement, the commissioner may contract with a licensed child-placing agency
or a Minnesota tribal social services agency to provide adoption services. A contract
with a licensed child-placing agency must be designed to supplement existing county
efforts and may not replace existing county programs or tribal social services, unless the
replacement is agreed to by the county board and the appropriate exclusive bargaining
representative, tribal governing body, or the commissioner has evidence that child
placements of the county continue to be substantially below that of other counties. Funds
encumbered and obligated under an agreement for a specific child shall remain available
until the terms of the agreement are fulfilled or the agreement is terminated.

(i) Act as coordinating referral and informational center on requests for service for
newly arrived immigrants coming to Minnesota.

(j) The specific enumeration of powers and duties as hereinabove set forth shall in no
way be construed to be a limitation upon the general transfer of powers herein contained.

(k) Establish county, regional, or statewide schedules of maximum fees and charges
which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
nursing home care and medicine and medical supplies under all programs of medical
care provided by the state and for congregate living care under the income maintenance
programs.

(l) Have the authority to conduct and administer experimental projects to test methods
and procedures of administering assistance and services to recipients or potential recipients
of public welfare. To carry out such experimental projects, it is further provided that the
commissioner of human services is authorized to waive the enforcement of existing specific
statutory program requirements, rules, and standards in one or more counties. The order
establishing the waiver shall provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and
in no event shall the duration of a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the provisions of this section
shall become effective until the following conditions have been met:

(1) the secretary of health and human services of the United States has agreed, for
the same project, to waive state plan requirements relative to statewide uniformity; and

(2) a comprehensive plan, including estimated project costs, shall be approved by
the Legislative Advisory Commission and filed with the commissioner of administration.

(m) According to federal requirements, establish procedures to be followed by
local welfare boards in creating citizen advisory committees, including procedures for
selection of committee members.

(n) Allocate federal fiscal disallowances or sanctions which are based on quality
control error rates for the aid to families with dependent children program formerly
codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the
following manner:

(1) one-half of the total amount of the disallowance shall be borne by the county
boards responsible for administering the programs. For the medical assistance and the
AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be
shared by each county board in the same proportion as that county's expenditures for the
sanctioned program are to the total of all counties' expenditures for the AFDC program
formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the
food stamp program, sanctions shall be shared by each county board, with 50 percent of
the sanction being distributed to each county in the same proportion as that county's
administrative costs for food stamps are to the total of all food stamp administrative costs
for all counties, and 50 percent of the sanctions being distributed to each county in the
same proportion as that county's value of food stamp benefits issued are to the total of
all benefits issued for all counties. Each county shall pay its share of the disallowance
to the state of Minnesota. When a county fails to pay the amount due hereunder, the
commissioner may deduct the amount from reimbursement otherwise due the county, or
the attorney general, upon the request of the commissioner, may institute civil action
to recover the amount due; and

(2) notwithstanding the provisions of clause (1), if the disallowance results from
knowing noncompliance by one or more counties with a specific program instruction, and
that knowing noncompliance is a matter of official county board record, the commissioner
may require payment or recover from the county or counties, in the manner prescribed in
clause (1), an amount equal to the portion of the total disallowance which resulted from the
noncompliance, and may distribute the balance of the disallowance according to clause (1).

(o) Develop and implement special projects that maximize reimbursements and
result in the recovery of money to the state. For the purpose of recovering state money,
the commissioner may enter into contracts with third parties. Any recoveries that result
from projects or contracts entered into under this paragraph shall be deposited in the
state treasury and credited to a special account until the balance in the account reaches
$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
transferred and credited to the general fund. All money in the account is appropriated to
the commissioner for the purposes of this paragraph.

(p) Have the authority to make direct payments to facilities providing shelter
to women and their children according to section 256D.05, subdivision 3. Upon
the written request of a shelter facility that has been denied payments under section
256D.05, subdivision 3, the commissioner shall review all relevant evidence and make
a determination within 30 days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days shall be considered a
determination not to issue direct payments.

(q) Have the authority to establish and enforce the following county reporting
requirements:

(1) the commissioner shall establish fiscal and statistical reporting requirements
necessary to account for the expenditure of funds allocated to counties for human
services programs. When establishing financial and statistical reporting requirements, the
commissioner shall evaluate all reports, in consultation with the counties, to determine if
the reports can be simplified or the number of reports can be reduced;

(2) the county board shall submit monthly or quarterly reports to the department
as required by the commissioner. Monthly reports are due no later than 15 working days
after the end of the month. Quarterly reports are due no later than 30 calendar days after
the end of the quarter, unless the commissioner determines that the deadline must be
shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines
or risking a loss of federal funding. Only reports that are complete, legible, and in the
required format shall be accepted by the commissioner;

(3) if the required reports are not received by the deadlines established in clause (2),
the commissioner may delay payments and withhold funds from the county board until
the next reporting period. When the report is needed to account for the use of federal
funds and the late report results in a reduction in federal funding, the commissioner shall
withhold from the county boards with late reports an amount equal to the reduction in
federal funding until full federal funding is received;

(4) a county board that submits reports that are late, illegible, incomplete, or not
in the required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner
shall notify the county board of the reason the county board is considered noncompliant
and request that the county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective action plan must be submitted
to the commissioner within 45 days after the date the county board received notice
of noncompliance;

(5) the final deadline for fiscal reports or amendments to fiscal reports is one year
after the date the report was originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding associated with the report for
that reporting period and the county board must repay any funds associated with the
report received for that reporting period;

(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to
provide appropriate forms, guidelines, and technical assistance to enable the county to
comply with the requirements. If the county board disagrees with an action taken by the
commissioner under clause (3) or (5), the county board may appeal the action according
to sections 14.57 to 14.69; and

(7) counties subject to withholding of funds under clause (3) or forfeiture or
repayment of funds under clause (5) shall not reduce or withhold benefits or services to
clients to cover costs incurred due to actions taken by the commissioner under clause
(3) or (5).

(r) Allocate federal fiscal disallowances or sanctions for audit exceptions when
federal fiscal disallowances or sanctions are based on a statewide random sample in direct
proportion to each county's claim for that period.

(s) Be responsible for ensuring the detection, prevention, investigation, and
resolution of fraudulent activities or behavior by applicants, recipients, and other
participants in the human services programs administered by the department.

(t) Require county agencies to identify overpayments, establish claims, and utilize
all available and cost-beneficial methodologies to collect and recover these overpayments
in the human services programs administered by the department.

(u) Have the authority to administer a drug rebate program for drugs purchased
pursuant to the prescription drug program established under section 256.955 after the
beneficiary's satisfaction of any deductible established in the program. The commissioner
shall require a rebate agreement from all manufacturers of covered drugs as defined in
section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on
or after July 1, 2002, must include rebates for individuals covered under the prescription
drug program who are under 65 years of age. For each drug, the amount of the rebate shall
be equal to the rebate as defined for purposes of the federal rebate program in United
States Code, title 42, section 1396r-8. The manufacturers must provide full payment
within 30 days of receipt of the state invoice for the rebate within the terms and conditions
used for the federal rebate program established pursuant to section 1927 of title XIX of
the Social Security Act. The manufacturers must provide the commissioner with any
information necessary to verify the rebate determined per drug. The rebate program shall
utilize the terms and conditions used for the federal rebate program established pursuant to
section 1927 of title XIX of the Social Security Act.

(v) Have the authority to administer the federal drug rebate program for drugs
purchased under the medical assistance program as allowed by section 1927 of title XIX
of the Social Security Act and according to the terms and conditions of section 1927.
Rebates shall be collected for all drugs that have been dispensed or administered in an
outpatient setting and that are from manufacturers who have signed a rebate agreement
with the United States Department of Health and Human Services.

(w) Have the authority to administer a supplemental drug rebate program for drugs
purchased under the medical assistance program. The commissioner may enter into
supplemental rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the provisions of section
256B.0625, subdivision 13.

(x) Operate the department's communication systems account established in Laws
1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs the commissioner
supervises. A communications account may also be established for each regional
treatment center which operates communications systems. Each account must be used
to manage shared communication costs necessary for the operations of the programs the
commissioner supervises. The commissioner may distribute the costs of operating and
maintaining communication systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and
other costs as determined by the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of programs the commissioner
supervises may participate in the use of the department's communications technology and
share in the cost of operation. The commissioner may accept on behalf of the state any
gift, bequest, devise or personal property of any kind, or money tendered to the state for
any lawful purpose pertaining to the communication activities of the department. Any
money received for this purpose must be deposited in the department's communication
systems accounts. Money collected by the commissioner for the use of communication
systems must be deposited in the state communication systems account and is appropriated
to the commissioner for purposes of this section.

(y) Receive any federal matching money that is made available through the medical
assistance program for the consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received for the consumer satisfaction survey in either year of
the biennium.

(z) Designate community information and referral call centers and incorporate
cost reimbursement claims from the designated community information and referral
call centers into the federal cost reimbursement claiming processes of the department
according to federal law, rule, and regulations. Existing information and referral centers
provided by Greater Twin Cities United Way or existing call centers for which Greater
Twin Cities United Way has legal authority to represent, shall be included in these
designations upon review by the commissioner and assurance that these services are
accredited and in compliance with national standards. Any reimbursement is appropriated
to the commissioner and all designated information and referral centers shall receive
payments according to normal department schedules established by the commissioner
upon final approval of allocation methodologies from the United States Department of
Health and Human Services Division of Cost Allocation or other appropriate authorities.

(aa) Develop recommended standards for foster care homes that address the
components of specialized therapeutic services to be provided by foster care homes with
those services.

(bb) Authorize the method of payment to or from the department as part of the
human services programs administered by the department. This authorization includes the
receipt or disbursement of funds held by the department in a fiduciary capacity as part of
the human services programs administered by the department.

(cc) Have the authority to administer a drug rebate program for drugs purchased for
persons eligible for general assistance medical care under section 256D.03, subdivision 3.
For manufacturers that agree to participate in the general assistance medical care rebate
program, the commissioner shall enter into a rebate agreement for covered drugs as
defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the
rebate shall be equal to the rebate as defined for purposes of the federal rebate program in
United States Code, title 42, section 1396r-8. The manufacturers must provide payment
within the terms and conditions used for the federal rebate program established under
section 1927 of title XIX of the Social Security Act. The rebate program shall utilize
the terms and conditions used for the federal rebate program established under section
1927 of title XIX of the Social Security Act.

Effective January 1, 2006, drug coverage under general assistance medical care shall
be limited to those prescription drugs that:

(1) are covered under the medical assistance program as described in section
256B.0625, subdivisions 13 and 13d; and

(2) are provided by manufacturers that have fully executed general assistance
medical care rebate agreements with the commissioner and comply with such agreements.
Prescription drug coverage under general assistance medical care shall conform to
coverage under the medical assistance program according to section 256B.0625,
subdivisions 13 to 13g.

The rebate revenues collected under the drug rebate program are deposited in the
general fund.

new text begin (dd) Designate the agencies that operate the Senior LinkAge Line under section
256.975, subdivision 7, and the Disability Linkage Line under subdivision 24 as the state
of Minnesota Aging and the Disability Resource Centers under United States Code, title
42, section 3001, the Older Americans Act Amendments of 2006 and incorporate cost
reimbursement claims from the designated centers into the federal cost reimbursement
claiming processes of the department according to federal law, rule, and regulations. Any
reimbursement must be appropriated to the commissioner and all Aging and Disability
Resource Center designated agencies shall receive payments of grant funding that supports
the activity and generates the federal financial participation according to Board on Aging
administrative granting mechanisms.
 new text end

Sec. 5.

Minnesota Statutes 2012, section 256.01, subdivision 24, is amended to read:


Subd. 24.

Disability Linkage Line.

The commissioner shall establish the Disability
Linkage Line, deleted text begin todeleted text end new text begin who shall serve people with disabilities as the designated Aging and
Disability Resource Center under United States Code, title 42, section 3001, the Older
Americans Act Amendments of 2006 in partnership with the Senior LinkAge Line and
shall new text end serve as Minnesota's neutral access point for statewide disability information and
assistancenew text begin and must be available during business hours through a statewide toll-free
number and the internetnew text end . The Disability Linkage Line shall:

(1) deliver information and assistance based on national and state standards;

(2) provide information about state and federal eligibility requirements, benefits,
and service options;

(3) provide benefits and options counseling;

(4) make referrals to appropriate support entities;

(5) educate people on their options so they can make well-informed choicesnew text begin and link
them to quality profilesnew text end ;

(6) help support the timely resolution of service access and benefit issues;

(7) inform people of their long-term community services and supports;

(8) provide necessary resources and supports that can lead to employment and
increased economic stability of people with disabilities; deleted text begin and
deleted text end

(9) serve as the technical assistance and help center for the Web-based tool,
Minnesota's Disability Benefits 101.orgdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (10) provide preadmission screening for individuals under 60 years of age who are
admitted to a nursing facility from a hospital using the procedures as defined in section
256.975, subdivisions 7a to 7c, and 256B.0911, subdivision 4d.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 256.975, subdivision 7, is amended to read:


Subd. 7.

Consumer information and assistance and long-term care options
counseling; Senior LinkAge Line.

(a) The Minnesota Board on Aging shall operate a
statewide service to aid older Minnesotans and their families in making informed choices
about long-term care options and health care benefits. Language services to persons
with limited English language skills may be made available. The service, known as
Senior LinkAge Line, new text begin shall serve older adults as the designated Aging and Disability
Resource Center under United States Code, title 42, section 3001, the Older Americans
Act Amendments of 2006 in partnership with the Disability LinkAge Line under section
256.01, subdivision 24, and new text end must be available during business hours through a statewide
toll-free number and deleted text begin must also be available throughdeleted text end the Internet.new text begin The Minnesota Board
on Aging shall consult with, and when appropriate work through, the area agencies on
aging to provide and maintain the telephony infrastructure and related support for the
Aging and Disability Resource Center partners which agree by memorandum to access
the infrastructure, including the designated providers of the Senior LinkAge Line and the
Disability Linkage Line.
new text end

(b) The service must provide long-term care options counseling by assisting older
adults, caregivers, and providers in accessing information and options counseling about
choices in long-term care services that are purchased through private providers or available
through public options. The service must:

(1) develop a comprehensive database that includes detailed listings in both
consumer- and provider-oriented formats;

(2) make the database accessible on the Internet and through other telecommunication
and media-related tools;

(3) link callers to interactive long-term care screening tools and make these tools
available through the Internet by integrating the tools with the database;

(4) develop community education materials with a focus on planning for long-term
care and evaluating independent living, housing, and service options;

(5) conduct an outreach campaign to assist older adults and their caregivers in
finding information on the Internet and through other means of communication;

(6) implement a messaging system for overflow callers and respond to these callers
by the next business day;

(7) link callers with county human services and other providers to receive more
in-depth assistance and consultation related to long-term care options;

(8) link callers with quality profiles for nursing facilities and other new text begin home and
community-based services new text end providers developed by the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of
healthnew text begin and human servicesnew text end ;

(9) incorporate information about the availability of housing options, as well as
registered housing with services and consumer rights within the MinnesotaHelp.info
network long-term care database to facilitate consumer comparison of services and costs
among housing with services establishments and with other in-home services and to
support financial self-sufficiency as long as possible. Housing with services establishments
and their arranged home care providers shall provide information that will facilitate price
comparisons, including delineation of charges for rent and for services available. The
commissioners of health and human services shall align the data elements required by
section 144G.06, the Uniform Consumer Information Guide, and this section to provide
consumers standardized information and ease of comparison of long-term care options.
The commissioner of human services shall provide the data to the Minnesota Board on
Aging for inclusion in the MinnesotaHelp.info network long-term care database;

(10) provide long-term care options counseling. Long-term care options counselors
shall:

(i) for individuals not eligible for case management under a public program or public
funding source, provide interactive decision support under which consumers, family
members, or other helpers are supported in their deliberations to determine appropriate
long-term care choices in the context of the consumer's needs, preferences, values, and
individual circumstances, including implementing a community support plan;

(ii) provide Web-based educational information and collateral written materials to
familiarize consumers, family members, or other helpers with the long-term care basics,
issues to be considered, and the range of options available in the community;

(iii) provide long-term care futures planning, which means providing assistance to
individuals who anticipate having long-term care needs to develop a plan for the more
distant future; and

(iv) provide expertise in benefits and financing options for long-term care, including
Medicare, long-term care insurance, tax or employer-based incentives, reverse mortgages,
private pay options, and ways to access low or no-cost services or benefits through
volunteer-based or charitable programs;

(11) using risk management and support planning protocols, provide long-term care
options counseling to current residents of nursing homes deemed appropriate for discharge
by the commissionernew text begin and older adults who request service after consultation with the
Senior LinkAge Line under clause (12)new text end . deleted text begin In order to meet this requirement,deleted text end new text begin The Senior
LinkAge Line shall also receive referrals from the residents or staff of nursing homes. The
Senior LinkAge Line shall identify and contact residents deemed appropriate for discharge
by developing targeting criteria in consultation withnew text end the commissioner new text begin who new text end shall provide
designated Senior LinkAge Line contact centers with a list of nursing home residents new text begin that
meet the criteria as being new text end appropriate for discharge planning via a secure Web portal.
Senior LinkAge Line shall provide these residents, if they indicate a preference to
receive long-term care options counseling, with initial assessmentdeleted text begin , review of risk factors,
independent living support consultation, ordeleted text end new text begin and, if appropriate, anew text end referral to:

(i) long-term care consultation services under section 256B.0911;

(ii) designated care coordinators of contracted entities under section 256B.035 for
persons who are enrolled in a managed care plan; or

(iii) the long-term care consultation team for those who are deleted text begin appropriatedeleted text end new text begin eligible
new text end for relocation service coordination due to high-risk factors or psychological or physical
disability; and

(12) develop referral protocols and processes that will assist certified health care
homes and hospitals to identify at-risk older adults and determine when to refer these
individuals to the Senior LinkAge Line for long-term care options counseling under this
section. The commissioner is directed to work with the commissioner of health to develop
protocols that would comply with the health care home designation criteria and protocols
available at the time of hospital discharge. The commissioner shall keep a record of the
number of people who choose long-term care options counseling as a result of this section.

Sec. 7.

Minnesota Statutes 2012, section 256.975, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Preadmission screening activities related to nursing facility
admissions. new text end

new text begin (a) All individuals seeking admission to Medicaid certified nursing facilities,
including certified boarding care facilities, must be screened prior to admission regardless
of income, assets, or funding sources for nursing facility care, except as described in
subdivision 7b, paragraphs (a) and (b). The purpose of the screening is to determine the
need for nursing facility level of care as described in section 256B.0911, subdivision
4e, and to complete activities required under federal law related to mental illness and
developmental disability as outlined in paragraph (b).
 new text end

new text begin (b) A person who has a diagnosis or possible diagnosis of mental illness or
developmental disability must receive a preadmission screening before admission
regardless of the exemptions outlined in subdivision 7b, paragraphs (a) and (b), to identify
the need for further evaluation and specialized services, unless the admission prior to
screening is authorized by the local mental health authority or the local developmental
disabilities case manager, or unless authorized by the county agency according to Public
Law 101-508.
 new text end

new text begin (c) The following criteria apply to the preadmission screening:
 new text end

new text begin (1) requests for preadmission screenings must be submitted via an online form
developed by the commissioner;
 new text end

new text begin (2) the Senior LinkAge Line must use forms and criteria developed by the
commissioner to identify persons who require referral for further evaluation and
determination of the need for specialized services; and
 new text end

new text begin (3) the evaluation and determination of the need for specialized services must be
done by:
 new text end

new text begin (i) a qualified independent mental health professional, for persons with a primary or
secondary diagnosis of a serious mental illness; or
 new text end

new text begin (ii) a qualified developmental disability professional, for persons with a primary or
secondary diagnosis of developmental disability. For purposes of this requirement, a
qualified developmental disability professional must meet the standards for a qualified
developmental disability professional under Code of Federal Regulations, title 42, section
483.430.
 new text end

new text begin (d) The local county mental health authority or the state developmental disability
authority under Public Law Numbers 100-203 and 101-508 may prohibit admission to a
nursing facility if the individual does not meet the nursing facility level of care criteria or
needs specialized services as defined in Public Law Numbers 100-203 and 101-508. For
purposes of this section, "specialized services" for a person with developmental disability
means active treatment as that term is defined under Code of Federal Regulations, title
42, section 483.440(a)(1).
 new text end

new text begin (e) In assessing a person's needs, the screener shall:
 new text end

new text begin (1) use an automated system designated by the commissioner;
 new text end

new text begin (2) consult with care transitions coordinators or physician; and
 new text end

new text begin (3) consider the assessment of the individual's physician.
 new text end

new text begin Other personnel may be included in the level of care determination as deemed
necessary by the screener.
 new text end

Sec. 8.

Minnesota Statutes 2012, section 256.975, is amended by adding a subdivision
to read:


new text begin Subd. 7b. new text end

new text begin Exemptions and emergency admissions. new text end

new text begin (a) Exemptions from the federal
screening requirements outlined in subdivision 7a, paragraphs (b) and (c), are limited to:
 new text end

new text begin (1) a person who, having entered an acute care facility from a certified nursing
facility, is returning to a certified nursing facility; or
 new text end

new text begin (2) a person transferring from one certified nursing facility in Minnesota to another
certified nursing facility in Minnesota.
 new text end

new text begin (b) Persons who are exempt from preadmission screening for purposes of level of
care determination include:
 new text end

new text begin (1) persons described in paragraph (a);
 new text end

new text begin (2) an individual who has a contractual right to have nursing facility care paid for
indefinitely by the Veterans' Administration;
 new text end

new text begin (3) an individual enrolled in a demonstration project under section 256B.69,
subdivision 8, at the time of application to a nursing facility; and
 new text end

new text begin (4) an individual currently being served under the alternative care program or under
a home and community-based services waiver authorized under section 1915(c) of the
federal Social Security Act.
 new text end

new text begin (c) Persons admitted to a Medicaid-certified nursing facility from the community
on an emergency basis as described in paragraph (d) or from an acute care facility on a
nonworking day must be screened the first working day after admission.
 new text end

new text begin (d) Emergency admission to a nursing facility prior to screening is permitted when
all of the following conditions are met:
 new text end

new text begin (1) a person is admitted from the community to a certified nursing or certified
boarding care facility during Senior LinkAge Line nonworking hours for ages 60 and
older and Disability Linkage Line nonworking hours for under age 60;
 new text end

new text begin (2) a physician has determined that delaying admission until preadmission screening
is completed would adversely affect the person's health and safety;
 new text end

new text begin (3) there is a recent precipitating event that precludes the client from living safely in
the community, such as sustaining an injury, sudden onset of acute illness, or a caregiver's
inability to continue to provide care;
 new text end

new text begin (4) the attending physician has authorized the emergency placement and has
documented the reason that the emergency placement is recommended; and
 new text end

new text begin (5) the Senior LinkAge Line or Disability Linkage Line is contacted on the first
working day following the emergency admission.
 new text end

new text begin Transfer of a patient from an acute care hospital to a nursing facility is not considered
an emergency except for a person who has received hospital services in the following
situations: hospital admission for observation, care in an emergency room without hospital
admission, or following hospital 24-hour bed care and from whom admission is being
sought on a nonworking day.
 new text end

new text begin (e) A nursing facility must provide written information to all persons admitted
regarding the person's right to request and receive long-term care consultation services as
defined in section 256B.0911, subdivision 1a. The information must be provided prior to
the person's discharge from the facility and in a format specified by the commissioner.
 new text end

Sec. 9.

Minnesota Statutes 2012, section 256.975, is amended by adding a subdivision
to read:


new text begin Subd. 7c. new text end

new text begin Screening requirements. new text end

new text begin (a) A person may be screened for nursing
facility admission by telephone or in a face-to-face screening interview. The Senior
LinkAge Line shall identify each individual's needs using the following categories:
 new text end

new text begin (1) the person needs no face-to-face long-term care consultation assessment
completed under section 256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe, or
managed care organization under contract with the Department of Human Services to
determine the need for nursing facility level of care based on information obtained from
other health care professionals;
 new text end

new text begin (2) the person needs an immediate face-to-face long-term care consultation
assessment completed under section 256B.0911, subdivision 3a, 3b, or 4d, by a county,
tribe, or managed care organization under contract with the Department of Human
Services to determine the need for nursing facility level of care and complete activities
required under subdivision 7a; or
 new text end

new text begin (3) the person may be exempt from screening requirements as outlined in subdivision
7b, but will need transitional assistance after admission or in-person follow-along after
a return home.
 new text end

new text begin (b) Individuals between the ages of 60 and 64 who are admitted to nursing facilities
with only a telephone screening must receive a face-to-face assessment from the long-term
care consultation team member of the county in which the facility is located or from the
recipient's county case manager within 40 calendar days of admission as described in
section 256B.0911, subdivision 4d, paragraph (c).
 new text end

new text begin (c) Persons admitted on a nonemergency basis to a Medicaid-certified nursing
facility must be screened prior to admission.
 new text end

new text begin (d) Screenings provided by the Senior LinkAge Line must include processes
to identify persons who may require transition assistance described in subdivision 7,
paragraph (b), clause (12), and section 256B.0911, subdivision 3b.
 new text end

Sec. 10.

Minnesota Statutes 2012, section 256.975, is amended by adding a subdivision
to read:


new text begin Subd. 7d. new text end

new text begin Payment for preadmission screening. new text end

new text begin Funding for preadmission
screening shall be provided to the Minnesota Board on Aging for the population 60
years of age and older by the Department of Human Services to cover screener salaries
and expenses to provide the services described in subdivisions 7a to 7c. The Minnesota
Board on Aging shall employ, or contract with other agencies to employ, within the limits
of available funding, sufficient personnel to provide preadmission screening and level of
care determination services and shall seek to maximize federal funding for the service as
provided under section 256.01, subdivision 2, paragraph (dd).
 new text end

Sec. 11.

Minnesota Statutes 2012, section 256.9754, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Priority for other grants. new text end

new text begin The commissioner of health shall give
priority to a grantee selected under subdivision 3 when awarding technology-related
grants, if the grantee is using technology as a part of a proposal. The commissioner
of transportation shall give priority to a grantee selected under subdivision 3 when
distributing transportation-related funds to create transportation options for older adults.
 new text end

Sec. 12.

Minnesota Statutes 2012, section 256.9754, is amended by adding a
subdivision to read:


new text begin Subd. 3b. new text end

new text begin State waivers. new text end

new text begin The commissioner of health may waive applicable state
laws and rules on a time-limited basis if the commissioner of health determines that a
participating grantee requires a waiver in order to achieve demonstration project goals.
 new text end

Sec. 13.

Minnesota Statutes 2012, section 256.9754, subdivision 5, is amended to read:


Subd. 5.

Grant preference.

The commissioner of human services shall give
preference when awarding grants under this section to areas where nursing facility
closures have occurred or are occurringnew text begin or areas with service needs identified by section
144A.351new text end . The commissioner may award grants to the extent grant funds are available
and to the extent applications are approved by the commissioner. Denial of approval of an
application in one year does not preclude submission of an application in a subsequent
year. The maximum grant amount is limited to $750,000.

Sec. 14.

Minnesota Statutes 2012, section 256B.021, is amended by adding a
subdivision to read:


new text begin Subd. 4a. new text end

new text begin Evaluation. new text end

new text begin The commissioner shall evaluate the projects contained in
subdivision 4, paragraphs (f), clauses (2) and (12), and (h). The evaluation must include:
 new text end

new text begin (1) an impact assessment focusing on program outcomes, especially those
experienced directly by the person receiving services;
 new text end

new text begin (2) study samples drawn from the population of interest for each project; and
 new text end

new text begin (3) a time series analysis to examine aggregate trends in average monthly
utilization, expenditures, and other outcomes in the targeted populations before and after
implementation of the initiatives.
 new text end

Sec. 15.

Minnesota Statutes 2012, section 256B.021, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Work, empower, and encourage independence. new text end

new text begin As provided under
subdivision 4, paragraph (e), upon federal approval, the commissioner shall establish a
demonstration project to provide navigation, employment supports, and benefits planning
services to a targeted group of federally funded Medicaid recipients to begin July 1, 2014.
This demonstration shall promote economic stability, increase independence, and reduce
applications for disability benefits while providing a positive impact on the health and
future of participants.
 new text end

Sec. 16.

Minnesota Statutes 2012, section 256B.021, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Housing stabilization. new text end

new text begin As provided under subdivision 4, paragraph (e),
upon federal approval, the commissioner shall establish a demonstration project to provide
service coordination, outreach, in-reach, tenancy support, and community living assistance
to a targeted group of federally funded Medicaid recipients to begin January 1, 2014. This
demonstration shall promote housing stability, reduce costly medical interventions, and
increase opportunities for independent community living.
 new text end

Sec. 17.

Minnesota Statutes 2012, section 256B.0911, subdivision 1, is amended to read:


Subdivision 1.

Purpose and goal.

(a) The purpose of long-term care consultation
services is to assist persons with long-term or chronic care needs in making care
decisions and selecting support and service options that meet their needs and reflect
their preferences. The availability of, and access to, information and other types of
assistance, including assessment and support planning, is also intended to prevent or delay
institutional placements and to provide access to transition assistance after admission.
Further, the goal of these services is to contain costs associated with unnecessary
institutional admissions. Long-term consultation services must be available to any person
regardless of public program eligibility. The commissioner of human services shall seek
to maximize use of available federal and state funds and establish the broadest program
possible within the funding available.

(b) These services must be coordinated with long-term care options counseling
provided under new text begin subdivision 4d, new text end section 256.975, deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 7new text begin to 7cnew text end , and
section 256.01, subdivision 24. The lead agency providing long-term care consultation
services shall encourage the use of volunteers from families, religious organizations, social
clubs, and similar civic and service organizations to provide community-based services.

Sec. 18.

Minnesota Statutes 2012, section 256B.0911, subdivision 1a, is amended to
read:


Subd. 1a.

Definitions.

For purposes of this section, the following definitions apply:

(a) Until additional requirements apply under paragraph (b), "long-term care
consultation services" means:

(1) intake for and access to assistance in identifying services needed to maintain an
individual in the most inclusive environment;

(2) providing recommendations for and referrals to cost-effective community
services that are available to the individual;

(3) development of an individual's person-centered community support plan;

(4) providing information regarding eligibility for Minnesota health care programs;

(5) face-to-face long-term care consultation assessments, which may be completed
in a hospital, nursing facility, intermediate care facility for persons with developmental
disabilities (ICF/DDs), regional treatment centers, or the person's current or planned
residence;

deleted text begin (6) federally mandated preadmission screening activities described under
subdivisions 4a and 4b;
 deleted text end

deleted text begin (7)deleted text end new text begin (6)new text end determination of home and community-based waiver and other service
eligibility as required under sections 256B.0913, 256B.0915, and 256B.49, including level
of care determination for individuals who need an institutional level of care as determined
under section 256B.0911, subdivision deleted text begin 4a, paragraph (d)deleted text end new text begin 4enew text end , based on assessment and
community support plan development, appropriate referrals to obtain necessary diagnostic
information, and including an eligibility determination for consumer-directed community
supports;

deleted text begin (8)deleted text end new text begin (7)new text end providing recommendations for institutional placement when there are no
cost-effective community services available;

deleted text begin (9)deleted text end new text begin (8)new text end providing access to assistance to transition people back to community settings
after institutional admission; and

deleted text begin (10)deleted text end new text begin (9)new text end providing information about competitive employment, with or without
supports, for school-age youth and working-age adults and referrals to the Disability
Linkage Line and Disability Benefits 101 to ensure that an informed choice about
competitive employment can be made. For the purposes of this subdivision, "competitive
employment" means work in the competitive labor market that is performed on a full-time
or part-time basis in an integrated setting, and for which an individual is compensated at or
above the minimum wage, but not less than the customary wage and level of benefits paid
by the employer for the same or similar work performed by individuals without disabilities.

(b) Upon statewide implementation of lead agency requirements in subdivisions 2b,
2c, and 3a, "long-term care consultation services" also means:

(1) service eligibility determination for state plan home care services identified in:

(i) section 256B.0625, subdivisions 7, 19a, and 19c;

(ii) section 256B.0657; or

(iii) consumer support grants under section 256.476;

(2) notwithstanding provisions in Minnesota Rules, parts 9525.0004 to 9525.0024,
determination of eligibility for case management services available under sections
256B.0621, subdivision 2, paragraph (4), and 256B.0924 and Minnesota Rules, part
9525.0016;

(3) determination of institutional level of care, home and community-based service
waiver, and other service eligibility as required under section 256B.092, determination
of eligibility for family support grants under section 252.32, semi-independent living
services under section 252.275, and day training and habilitation services under section
256B.092; and

(4) obtaining necessary diagnostic information to determine eligibility under clauses
(2) and (3).

(c) "Long-term care options counseling" means the services provided by the linkage
lines as mandated by sections 256.01new text begin , subdivision 24,new text end and 256.975, subdivision 7, and
also includes telephone assistance and follow up once a long-term care consultation
assessment has been completed.

(d) "Minnesota health care programs" means the medical assistance program under
chapter 256B and the alternative care program under section 256B.0913.

(e) "Lead agencies" means counties administering or tribes and health plans under
contract with the commissioner to administer long-term care consultation assessment and
support planning services.

Sec. 19.

Minnesota Statutes 2012, section 256B.0911, subdivision 3a, is amended to
read:


Subd. 3a.

Assessment and support planning.

(a) Persons requesting assessment,
services planning, or other assistance intended to support community-based living,
including persons who need assessment in order to determine waiver or alternative care
program eligibility, must be visited by a long-term care consultation team within 20
calendar days after the date on which an assessment was requested or recommended.
Upon statewide implementation of subdivisions 2b, 2c, and 5, this requirement also
applies to an assessment of a person requesting personal care assistance services and
private duty nursing. The commissioner shall provide at least a 90-day notice to lead
agencies prior to the effective date of this requirement. Face-to-face assessments must be
conducted according to paragraphs (b) to (i).

(b) The lead agency may utilize a team of either the social worker or public health
nurse, or both. Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall
use certified assessors to conduct the assessment. The consultation team members must
confer regarding the most appropriate care for each individual screened or assessed. For
a person with complex health care needs, a public health or registered nurse from the
team must be consulted.

(c) The assessment must be comprehensive and include a person-centered assessment
of the health, psychological, functional, environmental, and social needs of referred
individuals and provide information necessary to develop a community support plan that
meets the consumers needs, using an assessment form provided by the commissioner.

(d) The assessment must be conducted in a face-to-face interview with the person
being assessed and the person's legal representative, and other individuals as requested by
the person, who can provide information on the needs, strengths, and preferences of the
person necessary to develop a community support plan that ensures the person's health and
safety, but who is not a provider of service or has any financial interest in the provision
of services. For persons who are to be assessed for elderly waiver customized living
services under section 256B.0915, with the permission of the person being assessed or
the person's designated or legal representative, the client's current or proposed provider
of services may submit a copy of the provider's nursing assessment or written report
outlining its recommendations regarding the client's care needs. The person conducting
the assessment will notify the provider of the date by which this information is to be
submitted. This information shall be provided to the person conducting the assessment
prior to the assessment.

(e) If the person chooses to use community-based services, the person or the person's
legal representative must be provided with a written community support plan within 40
calendar days of the assessment visit, regardless of whether the individual is eligible for
Minnesota health care programs. The written community support plan must include:

(1) a summary of assessed needs as defined in paragraphs (c) and (d);

(2) the individual's options and choices to meet identified needs, including all
available options for case management services and providers;

(3) identification of health and safety risks and how those risks will be addressed,
including personal risk management strategies;

(4) referral information; and

(5) informal caregiver supports, if applicable.

For a person determined eligible for state plan home care under subdivision 1a,
paragraph (b), clause (1), the person or person's representative must also receive a copy of
the home care service plan developed by the certified assessor.

(f) A person may request assistance in identifying community supports without
participating in a complete assessment. Upon a request for assistance identifying
community support, the person must be transferred or referred to long-term care options
counseling services available under sections 256.975, subdivision 7, and 256.01,
subdivision 24, for telephone assistance and follow up.

(g) The person has the right to make the final decision between institutional
placement and community placement after the recommendations have been provided,
except as provided in new text begin section 256.975, new text end subdivision deleted text begin 4a, paragraph (c)deleted text end new text begin 7a, paragraph (d)new text end .

(h) The lead agency must give the person receiving assessment or support planning,
or the person's legal representative, materials, and forms supplied by the commissioner
containing the following information:

(1) written recommendations for community-based services and consumer-directed
options;

(2) documentation that the most cost-effective alternatives available were offered to
the individual. For purposes of this clause, "cost-effective" means community services and
living arrangements that cost the same as or less than institutional care. For an individual
found to meet eligibility criteria for home and community-based service programs under
section 256B.0915 or 256B.49, "cost-effectiveness" has the meaning found in the federally
approved waiver plan for each program;

(3) the need for and purpose of preadmission screening new text begin conducted by long-term
care options counselors according to section 256.975, subdivisions 7a to 7c, and section
256.01, subdivision 24, new text end if the person selects nursing facility placementnew text begin . If the individual
selects nursing facility placement, the lead agency shall forward information needed to
complete the level of care determinations and screening for developmental disability and
mental illness collected during the assessment to the long-term care options counselor
using forms provided by the commissionernew text end ;

(4) the role of long-term care consultation assessment and support planning in
eligibility determination for waiver and alternative care programs, and state plan home
care, case management, and other services as defined in subdivision 1a, paragraphs (a),
clause (7), and (b);

(5) information about Minnesota health care programs;

(6) the person's freedom to accept or reject the recommendations of the team;

(7) the person's right to confidentiality under the Minnesota Government Data
Practices Act, chapter 13;

(8) the certified assessor's decision regarding the person's need for institutional level
of care as determined under criteria established in section 256B.0911, subdivision deleted text begin 4a,
paragraph (d)deleted text end new text begin 4enew text end , and the certified assessor's decision regarding eligibility for all services
and programs as defined in subdivision 1a, paragraphs (a), clause (7), and (b); and

(9) the person's right to appeal the certified assessor's decision regarding eligibility
for all services and programs as defined in subdivision 1a, paragraphs (a), clause (7), and
(b), and incorporating the decision regarding the need for institutional level of care or the
lead agency's final decisions regarding public programs eligibility according to section
256.045, subdivision 3.

(i) Face-to-face assessment completed as part of eligibility determination for
the alternative care, elderly waiver, community alternatives for disabled individuals,
community alternative care, and brain injury waiver programs under sections 256B.0913,
256B.0915, and 256B.49 is valid to establish service eligibility for no more than 60
calendar days after the date of assessment.

(j) The effective eligibility start date for programs in paragraph (i) can never be
prior to the date of assessment. If an assessment was completed more than 60 days
before the effective waiver or alternative care program eligibility start date, assessment
and support plan information must be updated in a face-to-face visit and documented in
the department's Medicaid Management Information System (MMIS). Notwithstanding
retroactive medical assistance coverage of state plan services, the effective date of
eligibility for programs included in paragraph (i) cannot be prior to the date the most
recent updated assessment is completed.

Sec. 20.

Minnesota Statutes 2012, section 256B.0911, subdivision 4d, is amended to
read:


Subd. 4d.

Preadmission screening of individuals under deleted text begin 65deleted text end new text begin 60new text end years of age.

(a)
It is the policy of the state of Minnesota to ensure that individuals with disabilities or
chronic illness are served in the most integrated setting appropriate to their needs and have
the necessary information to make informed choices about home and community-based
service options.

(b) Individuals under deleted text begin 65deleted text end new text begin 60new text end years of age who are admitted to a nursing facility
from a hospital must be screened prior to admission deleted text begin as outlined in subdivisions 4a
through 4cdeleted text end new text begin according to the requirements outlined in section 256.975, subdivisions 7a
to 7c. This shall be provided by the Disability Linkage Line as required under section
256.01, subdivision 24new text end .

(c) Individuals under 65 years of age who are admitted to nursing facilities with
only a telephone screening must receive a face-to-face assessment from the long-term
care consultation team member of the county in which the facility is located or from the
recipient's county case manager within 40 calendar days of admission.

deleted text begin (d) Individuals under 65 years of age who are admitted to a nursing facility
without preadmission screening according to the exemption described in subdivision 4b,
paragraph (a), clause (3), and who remain in the facility longer than 30 days must receive
a face-to-face assessment within 40 days of admission.
 deleted text end

deleted text begin (e)deleted text end new text begin (d)new text end At the face-to-face assessment, the long-term care consultation team member
or county case manager must perform the activities required under subdivision 3b.

deleted text begin (f)deleted text end new text begin (e)new text end For individuals under 21 years of age, a screening interview which
recommends nursing facility admission must be face-to-face and approved by the
commissioner before the individual is admitted to the nursing facility.

deleted text begin (g)deleted text end new text begin (f)new text end In the event that an individual under deleted text begin 65deleted text end new text begin 60new text end years of age is admitted to a
nursing facility on an emergency basis, the deleted text begin countydeleted text end new text begin Disability Linkage Linenew text end must be
notified of the admission on the next working day, and a face-to-face assessment as
described in paragraph (c) must be conducted within 40 calendar days of admission.

deleted text begin (h)deleted text end new text begin (g)new text end At the face-to-face assessment, the long-term care consultation team member
or the case manager must present information about home and community-based options,
including consumer-directed options, so the individual can make informed choices. If the
individual chooses home and community-based services, the long-term care consultation
team member or case manager must complete a written relocation plan within 20 working
days of the visit. The plan shall describe the services needed to move out of the facility
and a time line for the move which is designed to ensure a smooth transition to the
individual's home and community.

deleted text begin (i)deleted text end new text begin (h)new text end An individual under 65 years of age residing in a nursing facility shall receive
a face-to-face assessment at least every 12 months to review the person's service choices
and available alternatives unless the individual indicates, in writing, that annual visits are
not desired. In this case, the individual must receive a face-to-face assessment at least
once every 36 months for the same purposes.

deleted text begin (j)deleted text end new text begin (i)new text end Notwithstanding the provisions of subdivision 6, the commissioner may pay
county agencies directly for face-to-face assessments for individuals under 65 years of age
who are being considered for placement or residing in a nursing facility.

new text begin (j) Funding for preadmission screening shall be provided to the Disability Linkage
Line for the under 60 population by the Department of Human Services to cover screener
salaries and expenses to provide the services described in subdivisions 7a to 7c. The
Disability Linkage Line shall employ, or contract with other agencies to employ, within
the limits of available funding, sufficient personnel to provider preadmission screening
and level of care determination services and shall seek to maximize federal funding for the
service as provided under section 256.01, subdivision 2, paragraph (dd).
 new text end

Sec. 21.

Minnesota Statutes 2012, section 256B.0911, is amended by adding a
subdivision to read:


new text begin Subd. 4e. new text end

new text begin Determination of institutional level of care. new text end

new text begin The determination of the
need for nursing facility, hospital, and intermediate care facility levels of care must be
made according to criteria developed by the commissioner, and in section 256B.092,
using forms developed by the commissioner. Effective January 1, 2014, for individuals
age 21 and older, the determination of need for nursing facility level of care shall be
based on criteria in section 144.0724, subdivision 11. For individuals under age 21, the
determination of the need for nursing facility level of care must be made according to
criteria developed by the commissioner until criteria in section 144.0724, subdivision 11,
becomes effective on or after October 1, 2019.
 new text end

Sec. 22.

Minnesota Statutes 2012, section 256B.0911, subdivision 7, is amended to read:


Subd. 7.

Reimbursement for certified nursing facilities.

(a) Medical assistance
reimbursement for nursing facilities shall be authorized for a medical assistance recipient
only if a preadmission screening has been conducted prior to admission or the county has
authorized an exemption. Medical assistance reimbursement for nursing facilities shall
not be provided for any recipient who the local screener has determined does not meet the
level of care criteria for nursing facility placement in section 144.0724, subdivision 11, or,
if indicated, has not had a level II OBRA evaluation as required under the federal Omnibus
Budget Reconciliation Act of 1987 completed unless an admission for a recipient with
mental illness is approved by the local mental health authority or an admission for a
recipient with developmental disability is approved by the state developmental disability
authority.

(b) The nursing facility must not bill a person who is not a medical assistance
recipient for resident days that preceded the date of completion of screening activities
as required under new text begin section 256.975, new text end subdivisions deleted text begin 4a, 4b, and 4cdeleted text end new text begin 7a to 7cnew text end . The nursing
facility must include unreimbursed resident days in the nursing facility resident day totals
reported to the commissioner.

Sec. 23.

Minnesota Statutes 2012, section 256B.0913, subdivision 4, is amended to read:


Subd. 4.

Eligibility for funding for services for nonmedical assistance recipients.

(a) Funding for services under the alternative care program is available to persons who
meet the following criteria:

(1) the person has been determined by a community assessment under section
256B.0911 to be a person who would require the level of care provided in a nursing
facility, as determined under section 256B.0911, subdivision deleted text begin 4a, paragraph (d)deleted text end new text begin 4enew text end , but for
the provision of services under the alternative care program;

(2) the person is age 65 or older;

(3) the person would be eligible for medical assistance within 135 days of admission
to a nursing facility;

(4) the person is not ineligible for the payment of long-term care services by the
medical assistance program due to an asset transfer penalty under section 256B.0595 or
equity interest in the home exceeding $500,000 as stated in section 256B.056;

(5) the person needs long-term care services that are not funded through other
state or federal funding, or other health insurance or other third-party insurance such as
long-term care insurance;

(6) except for individuals described in clause (7), the monthly cost of the alternative
care services funded by the program for this person does not exceed 75 percent of the
monthly limit described under section 256B.0915, subdivision 3a. This monthly limit
does not prohibit the alternative care client from payment for additional services, but in no
case may the cost of additional services purchased under this section exceed the difference
between the client's monthly service limit defined under section 256B.0915, subdivision
3, and the alternative care program monthly service limit defined in this paragraph. If
care-related supplies and equipment or environmental modifications and adaptations are or
will be purchased for an alternative care services recipient, the costs may be prorated on a
monthly basis for up to 12 consecutive months beginning with the month of purchase.
If the monthly cost of a recipient's other alternative care services exceeds the monthly
limit established in this paragraph, the annual cost of the alternative care services shall be
determined. In this event, the annual cost of alternative care services shall not exceed 12
times the monthly limit described in this paragraph;

(7) for individuals assigned a case mix classification A as described under section
256B.0915, subdivision 3a, paragraph (a), with (i) no dependencies in activities of daily
living, or (ii) up to two dependencies in bathing, dressing, grooming, walking, and eating
when the dependency score in eating is three or greater as determined by an assessment
performed under section 256B.0911, the monthly cost of alternative care services funded
by the program cannot exceed $593 per month for all new participants enrolled in
the program on or after July 1, 2011. This monthly limit shall be applied to all other
participants who meet this criteria at reassessment. This monthly limit shall be increased
annually as described in section 256B.0915, subdivision 3a, paragraph (a). This monthly
limit does not prohibit the alternative care client from payment for additional services, but
in no case may the cost of additional services purchased exceed the difference between the
client's monthly service limit defined in this clause and the limit described in clause (6)
for case mix classification A; and

(8) the person is making timely payments of the assessed monthly fee.

A person is ineligible if payment of the fee is over 60 days past due, unless the person
agrees to:

(i) the appointment of a representative payee;

(ii) automatic payment from a financial account;

(iii) the establishment of greater family involvement in the financial management of
payments; or

(iv) another method acceptable to the lead agency to ensure prompt fee payments.

The lead agency may extend the client's eligibility as necessary while making
arrangements to facilitate payment of past-due amounts and future premium payments.
Following disenrollment due to nonpayment of a monthly fee, eligibility shall not be
reinstated for a period of 30 days.

(b) Alternative care funding under this subdivision is not available for a person who
is a medical assistance recipient or who would be eligible for medical assistance without a
spenddown or waiver obligation. A person whose initial application for medical assistance
and the elderly waiver program is being processed may be served under the alternative care
program for a period up to 60 days. If the individual is found to be eligible for medical
assistance, medical assistance must be billed for services payable under the federally
approved elderly waiver plan and delivered from the date the individual was found eligible
for the federally approved elderly waiver plan. Notwithstanding this provision, alternative
care funds may not be used to pay for any service the cost of which: (i) is payable by
medical assistance; (ii) is used by a recipient to meet a waiver obligation; or (iii) is used to
pay a medical assistance income spenddown for a person who is eligible to participate in the
federally approved elderly waiver program under the special income standard provision.

(c) Alternative care funding is not available for a person who resides in a licensed
nursing home, certified boarding care home, hospital, or intermediate care facility, except
for case management services which are provided in support of the discharge planning
process for a nursing home resident or certified boarding care home resident to assist with
a relocation process to a community-based setting.

(d) Alternative care funding is not available for a person whose income is greater
than the maintenance needs allowance under section 256B.0915, subdivision 1d, but equal
to or less than 120 percent of the federal poverty guideline effective July 1 in the fiscal
year for which alternative care eligibility is determined, who would be eligible for the
elderly waiver with a waiver obligation.

Sec. 24.

Minnesota Statutes 2012, section 256B.0913, is amended by adding a
subdivision to read:


new text begin Subd. 17. new text end

new text begin Essential community supports grants. new text end

new text begin (a) Notwithstanding subdivisions
1 to 14, the purpose of the essential community supports grant program is to provide
targeted services to persons age 65 and older who need essential community support, but
whose needs do not meet the level of care required for nursing facility placement under
section 144.0724, subdivision 11.
 new text end

new text begin (b) Essential community supports grants are available not to exceed $400 per person
per month. Essential community supports service grants may be used as authorized within
an authorization period not to exceed 12 months. Grants must be available to a person who:
 new text end

new text begin (1) is age 65 or older;
 new text end

new text begin (2) is not eligible for medical assistance;
 new text end

new text begin (3) would otherwise be financially eligible for the alternative care program under
subdivision 4;
 new text end

new text begin (4) has received a community assessment under section 256B.0911, subdivision 3a
or 3b, and does not require the level of care provided in a nursing facility;
 new text end

new text begin (5) has a community support plan; and
 new text end

new text begin (6) has been determined by a community assessment under section 256B.0911,
subdivision 3a or 3b, to be a person who would require provision of at least one of the
following services, as defined in the approved elderly waiver plan, in order to maintain
their community residence:
 new text end

new text begin (i) caregiver support;
 new text end

new text begin (ii) homemaker support;
 new text end

new text begin (iii) chores; or
 new text end

new text begin (iv) a personal emergency response device or system.
 new text end

new text begin (c) The person receiving any of the essential community supports in this subdivision
must also receive service coordination, not to exceed $600 in a 12-month authorization
period, as part of their community support plan.
 new text end

new text begin (d) A person who has been determined to be eligible for an essential community
supports grant must be reassessed at least annually and continue to meet the criteria in
paragraph (b) to remain eligible for an essential community supports grant.
 new text end

new text begin (e) The commissioner is authorized to use federal matching funds for essential
community supports as necessary and to meet demand for essential community supports
grants as outlined in paragraphs (f) and (g), and that amount of federal funds is
appropriated to the commissioner for this purpose.
 new text end

new text begin (f) Upon federal approval and following a reasonable implementation period
determined by the commissioner, essential community supports are available to an
individual who:
 new text end

new text begin (1) is receiving nursing facility services or home and community-based long-term
services and supports under section 256B.0915 or 256B.49 on the effective date of
implementation of the revised nursing facility level of care under section 144.0724,
subdivision 11;
 new text end

new text begin (2) meets one of the following criteria:
 new text end

new text begin (i) due to the implementation of the revised nursing facility level of care, loses
eligibility for continuing medical assistance payment of nursing facility services at the
first reassessment under section 144.0724, subdivision 11, paragraph (b), that occurs on or
after the effective date of the revised nursing facility level of care criteria under section
144.0724, subdivision 11; or
 new text end

new text begin (ii) due to the implementation of the revised nursing facility level of care, loses
eligibility for continuing medical assistance payment of home and community-based
long-term services and supports under section 256B.0915 or 256B.49 at the first
reassessment required under those sections that occurs on or after the effective date of
implementation of the revised nursing facility level of care under section 144.0724,
subdivision 11;
 new text end

new text begin (3) is not eligible for personal care attendant services; and
 new text end

new text begin (4) has an assessed need for one or more of the supportive services offered under
essential community supports.
 new text end

new text begin Individuals eligible under this paragraph includes individuals who continue to be
eligible for medical assistance state plan benefits and those who are not or are no longer
financially eligible for medical assistance.
 new text end

new text begin (g) Upon federal approval and following a reasonable implementation period
determined by the commissioner, the services available through essential community
supports include the services and grants provided in paragraphs (b) and (c), home-delivered
meals, and community living assistance as defined by the commissioner. These services
are available to all eligible recipients including those outlined in paragraphs (b) and (f).
Recipients are eligible if they have a need for any of these services and meet all other
eligibility criteria.
 new text end

Sec. 25.

Minnesota Statutes 2012, section 256B.0915, subdivision 3a, is amended to
read:


Subd. 3a.

Elderly waiver cost limits.

(a) The monthly limit for the cost of
waivered services to an individual elderly waiver client except for individuals described in
deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin and (d)new text end shall be the weighted average monthly nursing facility
rate of the case mix resident class to which the elderly waiver client would be assigned
under Minnesota Rules, parts 9549.0050 to 9549.0059, less the recipient's maintenance
needs allowance as described in subdivision 1d, paragraph (a), until the first day of the
state fiscal year in which the resident assessment system as described in section 256B.438
for nursing home rate determination is implemented. Effective on the first day of the state
fiscal year in which the resident assessment system as described in section 256B.438 for
nursing home rate determination is implemented and the first day of each subsequent state
fiscal year, the monthly limit for the cost of waivered services to an individual elderly
waiver client shall be the rate of the case mix resident class to which the waiver client
would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, in effect on
the last day of the previous state fiscal year, adjusted by any legislatively adopted home
and community-based services percentage rate adjustment.

(b) The monthly limit for the cost of waivered services to an individual elderly
waiver client assigned to a case mix classification A under paragraph (a) with:

(1) no dependencies in activities of daily living; or

(2) up to two dependencies in bathing, dressing, grooming, walking, and eating
when the dependency score in eating is three or greater as determined by an assessment
performed under section 256B.0911

shall be $1,750 per month effective on July 1, 2011, for all new participants enrolled in
the program on or after July 1, 2011. This monthly limit shall be applied to all other
participants who meet this criteria at reassessment. This monthly limit shall be increased
annually as described in paragraph (a).

(c) If extended medical supplies and equipment or environmental modifications are
or will be purchased for an elderly waiver client, the costs may be prorated for up to
12 consecutive months beginning with the month of purchase. If the monthly cost of a
recipient's waivered services exceeds the monthly limit established in paragraph (a) or
(b), the annual cost of all waivered services shall be determined. In this event, the annual
cost of all waivered services shall not exceed 12 times the monthly limit of waivered
services as described in paragraph (a) or (b).

new text begin (d) Effective July 1, 2013, the monthly cost limit of waiver services, including
any necessary home care services described in section 256B.0651, subdivision 2, for
individuals who meet the criteria as ventilator-dependent given in section 256B.0651,
subdivision 1, paragraph (g), shall be the average of the monthly medical assistance
amount established for home care services as described in section 256B.0652, subdivision
7, and the annual average contracted amount established by the commissioner for nursing
facility services for ventilator-dependent individuals. This monthly limit shall be increased
annually as described in paragraph (a).
 new text end

Sec. 26.

Minnesota Statutes 2012, section 256B.0915, is amended by adding a
subdivision to read:


new text begin Subd. 3j. new text end

new text begin Individual community living support. new text end

new text begin Upon federal approval, there
is established a new service called individual community living support (ICLS) that is
available on the elderly waiver. ICLS providers may not be the landlord of recipients, nor
have any interest in the recipient's housing. ICLS must be delivered in a single-family
home or apartment where the service recipient or their family owns or rents, as
demonstrated by a lease agreement, and maintains control over the individual unit. Case
managers or care coordinators must develop individual ICLS plans in consultation with
the client using a tool developed by the commissioner. The commissioner shall establish
payment rates and mechanisms to align payments with the type and amount of service
provided, assure statewide uniformity, and assure cost-effectiveness. ICLS shall not be
considered home care services for purposes of section 144A.43.
 new text end

Sec. 27.

Minnesota Statutes 2012, section 256B.0915, subdivision 5, is amended to read:


Subd. 5.

Assessments and reassessments for waiver clients.

(a) Each client
shall receive an initial assessment of strengths, informal supports, and need for services
in accordance with section 256B.0911, subdivisions 3, 3a, and 3b. A reassessment of a
client served under the elderly waiver must be conducted at least every 12 months and at
other times when the case manager determines that there has been significant change in
the client's functioning. This may include instances where the client is discharged from
the hospital. There must be a determination that the client requires nursing facility level
of care as defined in section 256B.0911, subdivision deleted text begin 4a, paragraph (d)deleted text end new text begin 4enew text end , at initial and
subsequent assessments to initiate and maintain participation in the waiver program.

(b) Regardless of other assessments identified in section 144.0724, subdivision
4, as appropriate to determine nursing facility level of care for purposes of medical
assistance payment for nursing facility services, only face-to-face assessments conducted
according to section 256B.0911, subdivisions 3a and 3b, that result in a nursing facility
level of care determination will be accepted for purposes of initial and ongoing access to
waiver service payment.

Sec. 28.

Minnesota Statutes 2012, section 256B.0917, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Home and community-based services for older adults. new text end

new text begin (a) The purpose
of projects selected by the commissioner of human services under this section is to
make strategic changes in the long-term services and supports system for older adults
including statewide capacity for local service development and technical assistance, and
statewide availability of home and community-based services for older adult services,
caregiver support and respite care services, and other supports in the state of Minnesota.
These projects are intended to create incentives for new and expanded home and
community-based services in Minnesota in order to:
 new text end

new text begin (1) reach older adults early in the progression of their need for long-term services
and supports, providing them with low-cost, high-impact services that will prevent or
delay the use of more costly services;
 new text end

new text begin (2) support older adults to live in the most integrated, least restrictive community
setting;
 new text end

new text begin (3) support the informal caregivers of older adults;
 new text end

new text begin (4) develop and implement strategies to integrate long-term services and supports
with health care services, in order to improve the quality of care and enhance the quality
of life of older adults and their informal caregivers;
 new text end

new text begin (5) ensure cost-effective use of financial and human resources;
 new text end

new text begin (6) build community-based approaches and community commitment to delivering
long-term services and supports for older adults in their own homes;
 new text end

new text begin (7) achieve a broad awareness and use of lower-cost in-home services as an
alternative to nursing homes and other residential services;
 new text end

new text begin (8) strengthen and develop additional home and community-based services and
alternatives to nursing homes and other residential services; and
 new text end

new text begin (9) strengthen programs that use volunteers.
 new text end

new text begin (b) The services provided by these projects are available to older adults who are
eligible for medical assistance and the elderly waiver under section 256B.0915, the
alternative care program under section 256B.0913, or essential community supports grant
under subdivision 14, paragraph (b), and to persons who have their own funds to pay for
services.
 new text end

Sec. 29.

Minnesota Statutes 2012, section 256B.0917, is amended by adding a
subdivision to read:


new text begin Subd. 1b. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
 new text end

new text begin (b) "Community" means a town; township; city; or targeted neighborhood within a
city; or a consortium of towns, townships, cities, or specific neighborhoods within a city.
 new text end

new text begin (c) "Core home and community-based services provider" means a Faith in Action,
Living at Home Block Nurse, Congregational Nurse, or similar community-based program
that organizes and uses volunteers and paid staff to deliver nonmedical services intended
to assist older adults to identify and manage risks and to maintain their community living
and integration in the community.
 new text end

new text begin (d) "Eldercare development partnership" means a team of representatives of county
social service and public health agencies, the area agency on aging, local nursing home
providers, local home care providers, and other appropriate home and community-based
providers in the area agency's planning and service area.
 new text end

new text begin (e) "Long-term services and supports" means any service available under the
elderly waiver program or alternative care grant programs; nursing facility services;
transportation services; caregiver support and respite care services; and other home and
community-based services identified as necessary either to maintain lifestyle choices for
older adults or to support them to remain in their own home.
 new text end

new text begin (f) "Older adult" refers to an individual who is 65 years of age or older.
 new text end

Sec. 30.

Minnesota Statutes 2012, section 256B.0917, is amended by adding a
subdivision to read:


new text begin Subd. 1c. new text end

new text begin Eldercare development partnerships. new text end

new text begin The commissioner of human
services shall select and contract with eldercare development partnerships sufficient to
provide statewide availability of service development and technical assistance using a
request for proposals process. Eldercare development partnerships shall:
 new text end

new text begin (1) develop a local long-term services and supports strategy consistent with state
goals and objectives;
 new text end

new text begin (2) identify and use existing local skills, knowledge and relationships, and build
on these assets;
 new text end

new text begin (3) coordinate planning for funds to provide services to older adults, including funds
received under Title III of the Older Americans Act, Title XX of the Social Security Act,
and the Local Public Health Act;
 new text end

new text begin (4) target service development and technical assistance where nursing facility
closures have occurred or are occurring or in areas where service needs have been
identified through activities under section 144A.351;
 new text end

new text begin (5) provide sufficient staff for development and technical support in its designated
area; and
 new text end

new text begin (6) designate a single public or nonprofit member of the eldercare development
partnerships to apply grant funding and manage the project.
 new text end

Sec. 31.

Minnesota Statutes 2012, section 256B.0917, subdivision 6, is amended to read:


Subd. 6.

Caregiver support and respite care projects.

(a) The commissioner
shall establish deleted text begin up to 36deleted text end projects to expand the deleted text begin respite care network in the state and to
support caregivers in their responsibilities for care. The purpose of each project shall
be todeleted text end new text begin availability of caregiver support and respite care services for family and other
caregivers. The commissioner shall use a request for proposals to select nonprofit entities
to administer the projects. Projects shallnew text end :

(1) establish a local coordinated network of volunteer and paid respite workers;

(2) coordinate assignment of respite deleted text begin workersdeleted text end new text begin care servicesnew text end to deleted text begin clients and care
receivers and assure the health and safety of the client; anddeleted text end new text begin caregivers of older adults;
new text end

deleted text begin (3) provide training for caregivers and ensure that support groups are available
in the community.
 deleted text end

new text begin (3) assure the health and safety of the older adults;
 new text end

new text begin (4) identify at-risk caregivers;
 new text end

new text begin (5) provide information, education, and training for caregivers in the designated
community; and
 new text end

new text begin (6) demonstrate the need in the proposed service area particularly where nursing
facility closures have occurred or are occurring or areas with service needs identified
by section 144A.351. Preference must be given for projects that reach underserved
populations.
 new text end

deleted text begin (b) The caregiver support and respite care funds shall be available to the four to six
local long-term care strategy projects designated in subdivisions 1 to 5.
 deleted text end

deleted text begin (c) The commissioner shall publish a notice in the State Register to solicit proposals
from public or private nonprofit agencies for the projects not included in the four to six
local long-term care strategy projects defined in subdivision 2. A county agency may,
alone or in combination with other county agencies, apply for caregiver support and
respite care project funds. A public or nonprofit agency within a designated SAIL project
area may apply for project funds if the agency has a letter of agreement with the county
or counties in which services will be developed, stating the intention of the county or
counties to coordinate their activities with the agency requesting a grant.
 deleted text end

deleted text begin (d) The commissioner shall select grantees based on the following criteriadeleted text end new text begin (b)
Projects must clearly describenew text end :

deleted text begin (1) the ability of the proposal to demonstrate need in the area served, as evidenced
by a community needs assessment or other demographic data;
 deleted text end

deleted text begin (2) the ability of the proposal to clearly describe how the projectdeleted text end new text begin (1) how theynew text end will
achieve deleted text begin thedeleted text end new text begin theirnew text end purpose deleted text begin defined in paragraph (b)deleted text end ;

deleted text begin (3) the ability of the proposal to reach underserved populations;
 deleted text end

deleted text begin (4) the ability of the proposal to demonstrate community commitment to the project,
as evidenced by letters of support and cooperation as well as formation of a community
task force;
 deleted text end

deleted text begin (5) the ability of the proposal to clearly describedeleted text end new text begin (2)new text end the process for recruiting,
training, and retraining volunteers; and

deleted text begin (6) the inclusion in the proposal of thedeleted text end new text begin (3) theirnew text end plan to promote the project in the
new text begin designated new text end community, including outreach to persons needing the services.

deleted text begin (e)deleted text end new text begin (c)new text end Funds for all projects under this subdivision may be used to:

(1) hire a coordinator to develop a coordinated network of volunteer and paid respite
care services and assign workers to clients;

(2) recruit and train volunteer providers;

(3) deleted text begin traindeleted text end new text begin provide information, training, and education tonew text end caregivers;

deleted text begin (4) ensure the development of support groups for caregivers;
 deleted text end

deleted text begin (5)deleted text end new text begin (4)new text end advertise the availability of the caregiver support and respite care project; and

deleted text begin (6)deleted text end new text begin (5)new text end purchase equipment to maintain a system of assigning workers to clients.

deleted text begin (f)deleted text end new text begin (d)new text end Project funds may not be used to supplant existing funding sources.

Sec. 32.

Minnesota Statutes 2012, section 256B.0917, is amended by adding a
subdivision to read:


new text begin Subd. 7a. new text end

new text begin Core home and community-based services. new text end

new text begin The commissioner shall
select and contract with core home and community-based services providers for projects
to provide services and supports to older adults both with and without family and other
informal caregivers using a request for proposals process. Projects must:
 new text end

new text begin (1) have a credible, public, or private nonprofit sponsor providing ongoing financial
support;
 new text end

new text begin (2) have a specific, clearly defined geographic service area;
 new text end

new text begin (3) use a practice framework designed to identify high-risk older adults and help them
take action to better manage their chronic conditions and maintain their community living;
 new text end

new text begin (4) have a team approach to coordination and care, ensuring that the older adult
participants, their families, and the formal and informal providers are all part of planning
and providing services;
 new text end

new text begin (5) provide information, support services, homemaking services, counseling, and
training for the older adults and family caregivers;
 new text end

new text begin (6) encourage service area or neighborhood residents and local organizations to
collaborate in meeting the needs of older adults in their geographic service areas;
 new text end

new text begin (7) recruit, train, and direct the use of volunteers to provide informal services and
other appropriate support to older adults and their caregivers; and
 new text end

new text begin (8) provide coordination and management of formal and informal services to older
adults and their families using less expensive alternatives.
 new text end

Sec. 33.

Minnesota Statutes 2012, section 256B.0917, subdivision 13, is amended to
read:


Subd. 13.

Community service grants.

The commissioner shall award contracts
for grants to public and private nonprofit agencies to establish services that strengthen
a community's ability to provide a system of home and community-based services
for elderly persons. The commissioner shall use a request for proposal process. The
commissioner shall give preference when awarding grants under this section to areas
where nursing facility closures have occurred or are occurringnew text begin or to areas with service
needs identified under section 144A.351new text end . deleted text begin The commissioner shall consider grants for:
deleted text end

deleted text begin (1) caregiver support and respite care projects under subdivision 6;
 deleted text end

deleted text begin (2) the living-at-home/block nurse grant under subdivisions 7 to 10; and
 deleted text end

deleted text begin (3) services identified as needed for community transition.
 deleted text end

Sec. 34.

Minnesota Statutes 2012, section 256B.092, is amended by adding a
subdivision to read:


new text begin Subd. 14. new text end

new text begin Reduce avoidable behavioral crisis emergency room, psychiatric
inpatient hospitalizations, and commitments to institutions. new text end

new text begin (a) Persons receiving
home and community-based services authorized under this section who have had two
or more admissions within a calendar year to an emergency room, psychiatric unit,
or institution must receive consultation from a mental health professional as defined in
section 245.462, subdivision 18, or a behavioral professional as defined in the home and
community-based services state plan within 30 days of discharge. The mental health
professional or behavioral professional must:
 new text end

new text begin (1) conduct a functional assessment of the crisis incident as defined in section
245D.02, subdivision 11, which led to the hospitalization with the goal of developing
proactive strategies as well as necessary reactive strategies to reduce the likelihood of
future avoidable hospitalizations due to a behavioral crisis;
 new text end

new text begin (2) use the results of the functional assessment to amend the coordinated service and
support plan set forth in section 245D.02, subdivision 4b, to address the potential need
for additional staff training, increased staffing, access to crisis mobility services, mental
health services, use of technology, and crisis stabilization services in section 256B.0624,
subdivision 7; and
new text end

new text begin (3) identify the need for additional consultation, testing, and mental health crisis
intervention team services as defined in section 245D.02, subdivision 20, psychotropic
medication use and monitoring under section 245D.051, as well as the frequency and
duration of ongoing consultation.
new text end

new text begin (b) For the purposes of this subdivision, "institution" includes, but is not limited to,
the Anoka-Metro Regional Treatment Center and the Minnesota Security Hospital.
 new text end

Sec. 35.

Minnesota Statutes 2012, section 256B.439, subdivision 1, is amended to read:


Subdivision 1.

Development and implementation of quality profiles.

(a) The
commissioner of human services, in cooperation with the commissioner of health,
shall develop and implement deleted text begin adeleted text end quality deleted text begin profile systemdeleted text end new text begin profilesnew text end for nursing facilities and,
beginning not later than July 1, deleted text begin 2004deleted text end new text begin 2014new text end , other providers of long-term care services,
except when the quality profile system would duplicate requirements under section
256B.5011, 256B.5012, or 256B.5013. The deleted text begin systemdeleted text end new text begin quality profiles new text end must be developed
deleted text begin and implemented to the extent possible without the collection of significant amounts of
new data. To the extent possible, the systemdeleted text end new text begin using existing data sets maintained by the
commissioners of health and human services to the extent possible. The profiles new text end must
incorporate or be coordinated with information on quality maintained by area agencies on
aging, long-term care trade associations,new text begin the ombudsman offices, counties, tribes, health
plans,new text end and other entitiesnew text begin and the long-term care database maintained under section 256.975,
subdivision 7new text end . The deleted text begin systemdeleted text end new text begin profilesnew text end must be designed to provide information on quality to:

(1) consumers and their families to facilitate informed choices of service providers;

(2) providers to enable them to measure the results of their quality improvement
efforts and compare quality achievements with other service providers; and

(3) public and private purchasers of long-term care services to enable them to
purchase high-quality care.

(b) The deleted text begin systemdeleted text end new text begin profilesnew text end must be developed in consultation with the long-term care
task force, area agencies on aging, and representatives of consumers, providers, and labor
unions. Within the limits of available appropriations, the commissioners may employ
consultants to assist with this project.

Sec. 36.

Minnesota Statutes 2012, section 256B.439, subdivision 2, is amended to read:


Subd. 2.

Quality measurement tools.

The commissioners shall identify and apply
existing quality measurement tools to:

(1) emphasize quality of care and its relationship to quality of life; and

(2) address the needs of various users of long-term care services, including, but not
limited to, short-stay residents, persons with behavioral problems, persons with dementia,
and persons who are members of minority groups.

The tools must be identified and applied, to the extent possible, without requiring
providers to supply information beyond deleted text begin currentdeleted text end state and federal requirements.

Sec. 37.

Minnesota Statutes 2012, section 256B.439, subdivision 3, is amended to read:


Subd. 3.

Consumer surveysnew text begin of nursing facilities residentsnew text end .

Following
identification of the quality measurement tool, the commissioners shall conduct surveys
of long-term care service consumers new text begin of nursing facilities new text end to develop quality profiles
of providers. To the extent possible, surveys must be conducted face-to-face by state
employees or contractors. At the discretion of the commissioners, surveys may be
conducted by telephone or by provider staff. Surveys must be conducted periodically to
update quality profiles of individual deleted text begin servicedeleted text end new text begin nursing facilitiesnew text end providers.

Sec. 38.

Minnesota Statutes 2012, section 256B.439, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Home and community-based services report card in cooperation with
the commissioner of health. new text end

new text begin The profiles developed for home and community-based
services providers under this section shall be incorporated into a report card and
maintained by the Minnesota Board on Aging pursuant to section 256.975, subdivision
7, paragraph (b), clause (2), as data becomes available. The commissioner, in
cooperation with the commissioner of health, shall use consumer choice, quality of life,
care approaches, and cost or flexible purchasing categories to organize the consumer
information in the profiles. The final categories used shall include consumer input and
survey data to the extent that is available through the state agencies. The commissioner
shall develop and disseminate the qualify profiles for a limited number of provider types
initially, and develop quality profiles for additional provider types as measurement tools
are developed and data becomes available. This includes providers of services to older
adults and people with disabilities, regardless of payor source.
 new text end

Sec. 39.

Minnesota Statutes 2012, section 256B.439, subdivision 4, is amended to read:


Subd. 4.

Dissemination of quality profiles.

By July 1, deleted text begin 2003deleted text end new text begin 2014new text end , the
commissioners shall implement a deleted text begin systemdeleted text end new text begin public awareness effortnew text end to disseminate the quality
profiles deleted text begin developed from consumer surveys using the quality measurement tooldeleted text end . Profiles
may be disseminated deleted text begin todeleted text end new text begin throughnew text end the Senior LinkAge Linenew text begin and Disability Linkage Linenew text end and
to consumers, providers, and purchasers of long-term care services deleted text begin through all feasible
printed and electronic outlets. The commissioners may conduct a public awareness
campaign to inform potential users regarding profile contents and potential usesdeleted text end .

Sec. 40.

Minnesota Statutes 2012, section 256B.49, subdivision 12, is amended to read:


Subd. 12.

Informed choice.

Persons who are determined likely to require the level
of care provided in a nursing facility as determined under section 256B.0911new text begin , subdivision
4e,new text end or a hospital shall be informed of the home and community-based support alternatives
to the provision of inpatient hospital services or nursing facility services. Each person
must be given the choice of either institutional or home and community-based services
using the provisions described in section 256B.77, subdivision 2, paragraph (p).

Sec. 41.

Minnesota Statutes 2012, section 256B.49, subdivision 14, is amended to read:


Subd. 14.

Assessment and reassessment.

(a) Assessments and reassessments
shall be conducted by certified assessors according to section 256B.0911, subdivision 2b.
With the permission of the recipient or the recipient's designated legal representative,
the recipient's current provider of services may submit a written report outlining their
recommendations regarding the recipient's care needs prepared by a direct service
employee with at least 20 hours of service to that client. The person conducting the
assessment or reassessment must notify the provider of the date by which this information
is to be submitted. This information shall be provided to the person conducting the
assessment and the person or the person's legal representative and must be considered
prior to the finalization of the assessment or reassessment.

(b) There must be a determination that the client requires a hospital level of care or a
nursing facility level of care as defined in section 256B.0911, subdivision deleted text begin 4a, paragraph
(d)deleted text end new text begin 4enew text end , at initial and subsequent assessments to initiate and maintain participation in the
waiver program.

(c) Regardless of other assessments identified in section 144.0724, subdivision 4, as
appropriate to determine nursing facility level of care for purposes of medical assistance
payment for nursing facility services, only face-to-face assessments conducted according
to section 256B.0911, subdivisions 3a, 3b, and 4d, that result in a hospital level of care
determination or a nursing facility level of care determination must be accepted for
purposes of initial and ongoing access to waiver services payment.

(d) Recipients who are found eligible for home and community-based services under
this section before their 65th birthday may remain eligible for these services after their
65th birthday if they continue to meet all other eligibility factors.

(e) The commissioner shall develop criteria to identify recipients whose level of
functioning is reasonably expected to improve and reassess these recipients to establish
a baseline assessment. Recipients who meet these criteria must have a comprehensive
transitional service plan developed under subdivision 15, paragraphs (b) and (c), and be
reassessed every six months until there has been no significant change in the recipient's
functioning for at least 12 months. After there has been no significant change in the
recipient's functioning for at least 12 months, reassessments of the recipient's strengths,
informal support systems, and need for services shall be conducted at least every 12
months and at other times when there has been a significant change in the recipient's
functioning. Counties, case managers, and service providers are responsible for
conducting these reassessments and shall complete the reassessments out of existing funds.

Sec. 42.

Minnesota Statutes 2012, section 256B.49, is amended by adding a
subdivision to read:


new text begin Subd. 25. new text end

new text begin Reduce avoidable behavioral crisis emergency room, psychiatric
inpatient hospitalizations, and commitments to institutions. new text end

new text begin (a) Persons receiving
home and community-based services authorized under this section who have two or more
admissions within a calendar year to an emergency room, psychiatric unit, or institution
must receive consultation from a mental health professional as defined in section 245.462,
subdivision 18, or a behavioral professional as defined in the home and community-based
services state plan within 30 days of discharge. The mental health professional or
behavioral professional must:
 new text end

new text begin (1) conduct a functional assessment of the crisis incident as defined in section
245D.02, subdivision 11, which led to the hospitalization with the goal of developing
proactive strategies as well as necessary reactive strategies to reduce the likelihood of
future avoidable hospitalizations due to a behavioral crisis;
 new text end

new text begin (2) use the results of the functional assessment to amend the coordinated service and
support plan in section 245D.02, subdivision 4b, to address the potential need for additional
staff training, increased staffing, access to crisis mobility services, mental health services,
use of technology, and crisis stabilization services in section 256B.0624, subdivision 7; and
 new text end

new text begin (3) identify the need for additional consultation, testing, mental health crisis
intervention team services as defined in section 245D.02, subdivision 20, psychotropic
medication use and monitoring under section 245D.051, as well as the frequency and
duration of ongoing consultation.
new text end

new text begin (b) For the purposes of this subdivision, "institution" includes, but is not limited to,
the Anoka-Metro Regional Treatment Center and the Minnesota Security Hospital.
 new text end

Sec. 43.

new text begin [256B.85] COMMUNITY FIRST SERVICES AND SUPPORTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Basis and scope. new text end

new text begin (a) Upon federal approval, the commissioner
shall establish a medical assistance state plan option for the provision of home and
community-based personal assistance service and supports called "community first
services and supports (CFSS)."
 new text end

new text begin (b) CFSS is a participant-controlled method of selecting and providing services
and supports that allows the participant maximum control of the services and supports.
Participants may choose the degree to which they direct and manage their supports
by choosing to have a significant and meaningful role in the management of services
and supports including acting as the employer of record with the necessary supports
to perform that function.
 new text end

new text begin (c) CFSS is available statewide to eligible individuals to assist with accomplishing
activities of daily living (ADLs), instrumental activities of daily living (IADLs), and
health-related procedures and tasks through hands-on assistance to complete the task or
supervision and cueing to complete the task; and to assist with acquiring, maintaining, and
enhancing the skills necessary to accomplish ADLs, IADLs, and health-related procedures
and tasks. CFSS allows payment for certain supports and goods such as environmental
modifications and technology that are intended to replace or decrease the need for human
assistance.
 new text end

new text begin (d) Upon federal approval, CFSS will replace the personal care assistance program
under sections 256.476, 256B.0625, subdivisions 19a and 19c, and 256B.0659.
 new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in
this subdivision have the meanings given.
 new text end

new text begin (b) "Activities of daily living" or "ADLs" means eating, toileting, grooming,
dressing, bathing, mobility, positioning, and transferring.
 new text end

new text begin (c) "Agency-provider model" means a method of CFSS under which a qualified
agency provides services and supports through the agency's own employees and policies.
The agency must allow the participant to have a significant role in the selection and
dismissal of support workers of their choice for the delivery of their specific services and
supports including employing workers specifically selected by the participant.
 new text end

new text begin (d) "Behavior" means a category to determine the home care rating and is based on the
criteria in section 256B.0659. "Level I behavior" means physical aggression towards self,
others, or destruction of property that requires the immediate response of another person.
 new text end

new text begin (e) "Complex health-related needs" means a category to determine the home care
rating and is based on the criteria in section 256B.0659.
 new text end

new text begin (f) "Community first services and supports" or "CFSS" means the assistance and
supports program under this section needed for accomplishing activities of daily living,
instrumental activities of daily living, and health-related tasks through hands-on assistance
to complete the task or supervision and cueing to complete the task, or the purchase of
goods as defined in subdivision 7, paragraph (a), clause (2), that replace the need for
human assistance.
 new text end

new text begin (g) "Community first services and supports service delivery plan" or "service delivery
plan" means a written summary of the services and supports, that is based on the community
support plan identified in section 256B.0911 and coordinated services and support plan
and budget identified in section 256B.0915, subdivision 6, if applicable, that is determined
by the participant to meet the assessed needs, using a person-centered planning process.
 new text end

new text begin (h) "Critical activities of daily living" means transferring, mobility, eating, and
toileting.
 new text end

new text begin (i) "Dependency" in activities of daily living means a person requires assistance to
begin and complete one or more of the activities of daily living.
 new text end

new text begin (j) "Financial management services contractor or vendor" means a qualified
organization having a written contract with the department to provide services necessary
to use the flexible spending model under subdivision 13, that include but are not limited
to: participant education and technical assistance; CFSS service delivery planning and
budgeting; billing, making payments, and monitoring of spending; and assisting the
participant in fulfilling regulatory requirements when acting as an employer of record for
support workers or employer agent, that are in accordance with Section 3504 of the IRS
code and the IRS Revenue Procedure 70-6.
 new text end

new text begin (k) "Flexible spending model" means a service delivery method of CFSS that uses
an individualized CFSS service delivery plan and service budget and assistance from the
financial management services contractor for the employment of support workers and the
acquisition of supports and goods.
 new text end

new text begin (l) "Health-related procedures and tasks" means procedures and tasks related to
the specific needs of an individual that can be delegated or assigned by a state-licensed
healthcare or behavioral health professional and performed by a support worker.
 new text end

new text begin (m) "Instrumental activities of daily living" means activities related to living
independently in the community, including but not limited to: meal planning, preparation,
and cooking; shopping for food, clothing, or other essential items; laundry; housecleaning;
assistance with medications; managing money; communicating needs, preferences, and
activities; arranging supports; and assistance with traveling around and participating
in the community.
 new text end

new text begin (n) "Legal representative" means parent of a minor, a court-appointed guardian, or
another representative with legal authority to make decisions about services and supports
for the participant. Other representatives with legal authority to make decisions include
but are not limited to a health care agent or an attorney-in-fact authorized through a health
care directive or power of attorney.
 new text end

new text begin (o) "Medication assistance" means providing verbal or visual reminders to take
regularly scheduled medication and includes any of the following supports:
 new text end

new text begin (1) under the direction of the participant or the participant's representative, bringing
medications to the participant including medications given through a nebulizer, opening a
container of previously set up medications, emptying the container into the participant's
hand, opening and giving the medication in the original container to the participant, or
bringing to the participant liquids or food to accompany the medication;
 new text end

new text begin (2) organizing medications as directed by the participant or the participant's
representative; and
 new text end

new text begin (3) providing verbal or visual reminders to perform regularly scheduled medications.
 new text end

new text begin (p) "Participant's representative" means a parent, family member, advocate, or
other adult authorized by the participant to serve as a representative in connection with
the provision of CFSS. This authorization must be in writing or by another method
that clearly indicates the participant's free choice. The participant's representative must
have no financial interest in the provision of any services included in the participant's
service delivery plan and must be capable of providing the support necessary to assist
the participant in the use of CFSS. If through the assessment process described in
subdivision 5 a participant is determined to be in need of a participant's representative, one
must be selected. If the participant is unable to assist in the selection of a participant's
representative, the legal representative shall appoint one. Two persons may be designated
as a participant's representative for reasons such as divided households and court-ordered
custodies. Duties of a participant's representatives may include:
 new text end

new text begin (1) being available while care is provided in a method agreed upon by the participant
or the participant's legal representative and documented in the participant's CFSS service
delivery plan;
 new text end

new text begin (2) monitoring CFSS services to ensure the participant's CFSS service delivery
plan is being followed; and
 new text end

new text begin (3) reviewing and signing CFSS time sheets after services are provided to provide
verification of the CFSS services.
 new text end

new text begin (q) "Person-centered planning process" means a process that is driven by the
participant for discovering and planning services and supports that ensures the participant
makes informed choices and decisions. The person-centered planning process must:
 new text end

new text begin (1) include people chosen by the participant;
 new text end

new text begin (2) provide necessary information and support to ensure that the participant directs
the process to the maximum extent possible, and is enabled to make informed choices
and decisions;
 new text end

new text begin (3) be timely and occur at time and locations of convenience to the participant;
 new text end

new text begin (4) reflect cultural considerations of the participant;
 new text end

new text begin (5) include strategies for solving conflict or disagreement within the process,
including clear conflict-of-interest guidelines for all planning;
 new text end

new text begin (6) offers choices to the participant regarding the services and supports they receive
and from whom;
 new text end

new text begin (7) include a method for the participant to request updates to the plan; and
 new text end

new text begin (8) record the alternative home and community-based settings that were considered
by the participant.
 new text end

new text begin (r) "Shared services" means the provision of CFSS services by the same CFSS
support worker to two or three participants who voluntarily enter into an agreement to
receive services at the same time and in the same setting by the same provider.
 new text end

new text begin (s) "Support specialist" means a professional with the skills and ability to assist the
participant using either the agency provider model under subdivision 11 or the flexible
spending model under subdivision 13, in services including, but not limited to:
 new text end

new text begin (1) the development, implementation, and evaluation of the CFSS service delivery
plan under subdivision 6;
 new text end

new text begin (2) recruitment, training, or supervision, including supervision of health-related
tasks or behavioral supports appropriately delegated by a health care professional, and
evaluation of support workers; and
 new text end

new text begin (3) facilitating the use of informal and community supports, goods, or resources.
 new text end

new text begin (t) "Support worker" means a regular or temporary employee of the agency-provider,
the financial management services contractor, or the participant who has direct contact
with the participant and provides services as specified within the participant's service
delivery plan.
 new text end

new text begin (u) "Wages and benefits" means the hourly wages and salaries, the employer's
share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers'
compensation, mileage reimbursement, health and dental insurance, life insurance,
disability insurance, long-term care insurance, uniform allowance, and contributions to
employee retirement accounts.
 new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin CFSS is available to a person who meets one of the following:
 new text end

new text begin (1) is a recipient of medical assistance as determined under section 256B.055,
256B.056, or 256B.057, subdivisions 5 and 9;
 new text end

new text begin (2) is a recipient of the alternative care program under section 256B.0913;
 new text end

new text begin (3) is a waiver recipient as defined under section 256B.0915, 256B.092, 256B.093,
or 256B.49; or
 new text end

new text begin (4) has medical services identified in a participant's individualized education
program and is eligible for services as determined in section 256B.0625, subdivision 26.
 new text end

new text begin (b) In addition to meeting the eligibility criteria in paragraph (a), a person must also
meet all of the following:
 new text end

new text begin (1) is determined eligible based on assessment under section 256B.0911;
 new text end

new text begin (2) is not a recipient under the family support grant under section 252.32;
 new text end

new text begin (3) lives in the person's own apartment or home including a family foster care setting
licensed under chapter 245A, but not in corporate foster care under chapter 245A; or a
noncertified boarding care or boarding and lodging establishments under chapter 157;
unless transitioning into the community from an institution; and
 new text end

new text begin (4) has not been excluded or disenrolled from the flexible spending model.
new text end

new text begin (c) The commissioner shall disenroll or exclude participants from the flexible
spending model and transfer them to the agency-provider model under the following
circumstances that include but are not limited to:
 new text end

new text begin (1) when a participant has been restricted by the Minnesota restricted recipient
program, the participant may be excluded for a specified time period;
 new text end

new text begin (2) when a participant exits the flexible spending service delivery model during the
participant's service plan year. Upon transfer, the participant shall not access the flexible
spending model for the remainder of that service plan year; or
 new text end

new text begin (3) when the department determines that the participant or participant's representative
or legal representative cannot manage participant responsibilities under the service
delivery model. The commissioner must develop policies for determining if a participant
is unable to manage responsibilities under a service model.
 new text end

new text begin (d) A participant may appeal in writing to the department to contest the department's
decision under paragraph (c), clause (3), to remove or exclude the participant from the
flexible spending model.
 new text end

new text begin Subd. 4. new text end

new text begin Eligibility for other services. new text end

new text begin Selection of CFSS by a participant must not
restrict access to other medically necessary care and services furnished under the state
plan medical assistance benefit or other services available through alternative care.
 new text end

new text begin Subd. 5. new text end

new text begin Assessment requirements. new text end

new text begin (a) The assessment of functional need must:
 new text end

new text begin (1) be conducted by a certified assessor according to the criteria established in
section 256B.0911;
 new text end

new text begin (2) be conducted face-to-face, initially and at least annually thereafter, or when there
is a significant change in the participant's condition or a change in the need for services
and supports; and
 new text end

new text begin (3) be completed using the format established by the commissioner.
 new text end

new text begin (b) A participant who is residing in a facility may be assessed and choose CFSS for
the purpose of using CFSS to return to the community as described in subdivisions 3
and 7, paragraph (a), clause (5).
 new text end

new text begin (c) The results of the assessment and any recommendations and authorizations for
CFSS must be determined and communicated in writing by the lead agency's certified
assessor as defined in section 256B.0911 to the participant and the agency-provider or
financial management services provider chosen by the participant within 40 calendar days
and must include the participant's right to appeal under section 256.045.
 new text end

new text begin Subd. 6. new text end

new text begin Community first services and support service delivery plan. new text end

new text begin (a) The
CFSS service delivery plan must be developed, implemented, and evaluated through a
person-centered planning process by the participant, or the participant's representative
or legal representative who may be assisted by a support specialist. The CFSS service
delivery plan must reflect the services and supports that are important to the participant
and for the participant to meet the needs assessed by the certified assessor and identified
in the community support plan under section 256B.0911 or the coordinated services and
support plan identified in section 256B.0915, subdivision 6, if applicable. The CFSS
service delivery plan must be reviewed by the participant and the agency-provider or
financial management services contractor at least annually upon reassessment, or when
there is a significant change in the participant's condition, or a change in the need for
services and supports.
 new text end

new text begin (b) The commissioner shall establish the format and criteria for the CFSS service
delivery plan.
 new text end

new text begin (c) The CFSS service delivery plan must be person-centered and:
 new text end

new text begin (1) specify the agency-provider or financial management services contractor selected
by the participant;
 new text end

new text begin (2) reflect the setting in which the participant resides that is chosen by the participant;
 new text end

new text begin (3) reflect the participant's strengths and preferences;
 new text end

new text begin (4) include the means to address the clinical and support needs as identified through
an assessment of functional needs;
 new text end

new text begin (5) include individually identified goals and desired outcomes;
 new text end

new text begin (6) reflect the services and supports, paid and unpaid, that will assist the participant
to achieve identified goals, and the providers of those services and supports, including
natural supports;
 new text end

new text begin (7) identify the amount and frequency of face-to-face supports and amount and
frequency of remote supports and technology that will be used;
 new text end

new text begin (8) identify risk factors and measures in place to minimize them, including
individualized backup plans;
 new text end

new text begin (9) be understandable to the participant and the individuals providing support;
 new text end

new text begin (10) identify the individual or entity responsible for monitoring the plan;
 new text end

new text begin (11) be finalized and agreed to in writing by the participant and signed by all
individuals and providers responsible for its implementation;
 new text end

new text begin (12) be distributed to the participant and other people involved in the plan; and
 new text end

new text begin (13) prevent the provision of unnecessary or inappropriate care.
 new text end

new text begin (d) The total units of agency-provider services or the budget allocation amount for
the flexible spending model include both annual totals and a monthly average amount
that cover the number of months of the service authorization. The amount used each
month may vary, but additional funds must not be provided above the annual service
authorization amount unless a change in condition is assessed and authorized by the
certified assessor and documented in the community support plan, coordinated services
and supports plan, and service delivery plan.
 new text end

new text begin Subd. 7. new text end

new text begin Community first services and supports; covered services. new text end

new text begin (a) Services
and supports covered under CFSS include:
 new text end

new text begin (1) assistance to accomplish activities of daily living (ADLs), instrumental activities
of daily living (IADLs), and health-related procedures and tasks through hands-on
assistance to complete the task or supervision and cueing to complete the task;
 new text end

new text begin (2) assistance to acquire, maintain, or enhance the skills necessary for the participant
to accomplish activities of daily living, instrumental activities of daily living, or
health-related tasks;
 new text end

new text begin (3) expenditures for items, services, supports, environmental modifications, or
goods, including assistive technology. These expenditures must:
 new text end

new text begin (i) relate to a need identified in a participant's CFSS service delivery plan; and
 new text end

new text begin (ii) increase independence or substitute for human assistance to the extent that
expenditures would otherwise be made for human assistance for the participant's assessed
needs;
 new text end

new text begin (4) observation and redirection for episodes where there is a need for redirection
due to participant behaviors. An assessment of behaviors must meet the criteria in this
clause. A recipient qualifies as having a need for assistance due to behaviors if the
recipient's behavior requires assistance at least four times per week and shows one or
more of the following behaviors:
 new text end

new text begin (i) physical aggression towards self or others, or destruction of property that requires
the immediate response of another person;
 new text end

new text begin (ii) increased vulnerability due to cognitive deficits or socially inappropriate
behavior; or
 new text end

new text begin (iii) increased need for assistance for recipients who are verbally aggressive or
resistive to care so that time needed to perform activities of daily living is increased;
 new text end

new text begin (5) back-up systems or mechanisms, such as the use of pagers or other electronic
devices, to ensure continuity of the participant's services and supports;
 new text end

new text begin (6) transition costs, including:
 new text end

new text begin (i) deposits for rent and utilities;
 new text end

new text begin (ii) first month's rent and utilities;
 new text end

new text begin (iii) bedding;
 new text end

new text begin (iv) basic kitchen supplies;
 new text end

new text begin (v) other necessities, to the extent that these necessities are not otherwise covered
under any other funding that the participant is eligible to receive; and
 new text end

new text begin (vi) other required necessities for an individual to make the transition from a nursing
facility, institution for mental diseases, or intermediate care facility for persons with
developmental disabilities to a community-based home setting where the participant
resides; and
 new text end

new text begin (7) services by a support specialist defined under subdivision 2 that are chosen
by the participant.
 new text end

new text begin (b) Services and supports received under this section are not home care services for
the purposes of section 144A.43.
 new text end

new text begin Subd. 8. new text end

new text begin Determination of CFSS service methodology. new text end

new text begin (a) All community first
services and supports must be authorized by the commissioner or the commissioner's
designee before services begin except for the assessments established in section
256B.0911. The authorization for CFSS must be completed within 30 days after receiving
a complete request.
 new text end

new text begin (b) The amount of CFSS authorized must be based on the recipient's home
care rating. The home care rating shall be determined by the commissioner or the
commissioner's designee based on information submitted to the commissioner identifying
the following for a recipient:
 new text end

new text begin (1) the total number of dependencies of activities of daily living as defined in
subdivision 2;
 new text end

new text begin (2) the presence of complex health-related needs as defined in subdivision 2; and
 new text end

new text begin (3) the presence of Level I behavior as defined in subdivision 2.
 new text end

new text begin (c) For purposes meeting the criteria in paragraph (b), the methodology to determine
the total minutes for CFSS for each home care rating is based on the median paid units per
day for each home care rating from fiscal year 2007 data for the CFSS program. Each
home care rating has a base number of minutes assigned. Additional minutes are added
through the assessment and identification of the following:
 new text end

new text begin (1) 30 additional minutes per day for a dependency in each critical activity of daily
living as defined in subdivision 2;
 new text end

new text begin (2) 30 additional minutes per day for each complex health-related function as
defined in subdivision 2; and
 new text end

new text begin (3) 30 additional minutes per day for each behavior issue as defined in subdivision 2.
 new text end

new text begin Subd. 9. new text end

new text begin Noncovered services. new text end

new text begin (a) Services or supports that are not eligible for
payment under this section include those that:
 new text end

new text begin (1) are not authorized by the certified assessor or included in the written service
delivery plan;
 new text end

new text begin (2) are provided prior to the authorization of services and the approval of the written
CFSS service delivery plan;
 new text end

new text begin (3) are duplicative of other paid services in the written service delivery plan;
 new text end

new text begin (4) supplant natural unpaid supports that are provided voluntarily to the participant
and are selected by the participant in lieu of a support worker and appropriately meeting
the participant's needs;
 new text end

new text begin (5) are not effective means to meet the participant's needs; and
 new text end

new text begin (6) are available through other funding sources, including, but not limited to, funding
through Title IV-E of the Social Security Act.
 new text end

new text begin (b) Additional services, goods, or supports that are not covered include:
 new text end

new text begin (1) those that are not for the direct benefit of the participant;
 new text end

new text begin (2) any fees incurred by the participant, such as Minnesota health care programs fees
and co-pays, legal fees, or costs related to advocate agencies;
 new text end

new text begin (3) insurance, except for insurance costs related to employee coverage;
 new text end

new text begin (4) room and board costs for the participant with the exception of allowable
transition costs in subdivision 7, clause (6);
 new text end

new text begin (5) services, supports, or goods that are not related to the assessed needs;
 new text end

new text begin (6) special education and related services provided under the Individuals with
Disabilities Education Act and vocational rehabilitation services provided under the
Rehabilitation Act of 1973;
 new text end

new text begin (7) assistive technology devices and assistive technology services other than those
for back-up systems or mechanisms to ensure continuity of service and supports listed in
subdivision 7;
 new text end

new text begin (8) medical supplies and equipment;
 new text end

new text begin (9) environmental modifications, except as specified in subdivision 7;
 new text end

new text begin (10) expenses for travel, lodging, or meals related to training the participant, the
participant's representative, legal representative, or paid or unpaid caregivers that exceed
$500 in a 12-month period;
 new text end

new text begin (11) experimental treatments;
 new text end

new text begin (12) any service or good covered by other medical assistance state plan services,
including prescription and over-the-counter medications, compounds, and solutions and
related fees, including premiums and co-payments;
 new text end

new text begin (13) membership dues or costs, except when the service is necessary and appropriate
to treat a physical condition or to improve or maintain the participant's physical condition.
The condition must be identified in the participant's CFSS plan and monitored by a
physician enrolled in a Minnesota health care program;
 new text end

new text begin (14) vacation expenses other than the cost of direct services;
 new text end

new text begin (15) vehicle maintenance or modifications not related to the disability, health
condition, or physical need; and
 new text end

new text begin (16) tickets and related costs to attend sporting or other recreational or entertainment
events.
 new text end

new text begin Subd. 10. new text end

new text begin Provider qualifications and general requirements. new text end

new text begin (a)
Agency-providers delivering services under the agency-provider model under subdivision
11 or financial management service (FMS) contractors under subdivision 13 shall:
 new text end

new text begin (1) enroll as a medical assistance Minnesota health care programs provider and meet
all applicable provider standards;
 new text end

new text begin (2) comply with medical assistance provider enrollment requirements;
 new text end

new text begin (3) demonstrate compliance with law and policies of CFSS as determined by the
commissioner;
 new text end

new text begin (4) comply with background study requirements under chapter 245C;
 new text end

new text begin (5) verify and maintain records of all services and expenditures by the participant,
including hours worked by support workers and support specialists;
 new text end

new text begin (6) not engage in any agency-initiated direct contact or marketing in person, by
telephone, or other electronic means to potential participants, guardians, family member
or participants' representatives;
 new text end

new text begin (7) pay support workers and support specialists based upon actual hours of services
provided;
 new text end

new text begin (8) withhold and pay all applicable federal and state payroll taxes;
 new text end

new text begin (9) make arrangements and pay unemployment insurance, taxes, workers'
compensation, liability insurance, and other benefits, if any;
 new text end

new text begin (10) enter into a written agreement with the participant, participant's representative,
or legal representative that assigns roles and responsibilities to be performed before
services, supports, or goods are provided using a format established by the commissioner;
 new text end

new text begin (11) report suspected neglect and abuse to the common entry point according to
sections 256B.0651 and 626.557; and
 new text end

new text begin (12) provide the participant with a copy of the service-related rights under
subdivision 19 at the start of services and supports.
 new text end

new text begin (b) The commissioner shall develop policies and procedures designed to ensure
program integrity and fiscal accountability for goods and services provided in this section.
 new text end

new text begin Subd. 11. new text end

new text begin Agency-provider model. new text end

new text begin (a) The agency-provider model is limited to
the services provided by support workers and support specialists who are employed by
an agency-provider that is licensed according to chapter 245A or meets other criteria
established by the commissioner, including required training.
 new text end

new text begin (b) The agency-provider shall allow the participant to retain the ability to have a
significant role in the selection and dismissal of the support workers for the delivery of the
services and supports specified in the service delivery plan.
 new text end

new text begin (c) A participant may use authorized units of CFSS services as needed within
a service authorization that is not greater than 12 months. Using authorized units
agency-provider services or the budget allocation amount for the flexible spending model
flexibly does not increase the total amount of services and supports authorized for a
participant or included in the participant's service delivery plan.
 new text end

new text begin (d) A participant may share CFSS services. Two or three CFSS participants may
share services at the same time provided by the same support worker.
 new text end

new text begin (e) The agency-provider must use a minimum of 72.5 percent of the revenue
generated by the medical assistance payment for CFSS for support worker wages and
benefits. The agency-provider must document how this requirement is being met. The
revenue generated by the support specialist and the reasonable costs associated with the
support specialist must not be used in making this calculation.
 new text end

new text begin (f) The agency-provider model must be used by individuals who have been restricted
by the Minnesota restricted recipient program.
 new text end

new text begin Subd. 12. new text end

new text begin Requirements for initial enrollment of CFSS provider agencies. new text end

new text begin (a)
All CFSS provider agencies must provide, at the time of enrollment as a CFSS provider
agency in a format determined by the commissioner, information and documentation that
includes, but is not limited to, the following:
 new text end

new text begin (1) the CFSS provider agency's current contact information including address,
telephone number, and e-mail address;
 new text end

new text begin (2) proof of surety bond coverage in the amount of $50,000 or ten percent of the
provider's payments from Medicaid in the previous year, whichever is less;
 new text end

new text begin (3) proof of fidelity bond coverage in the amount of $20,000;
 new text end

new text begin (4) proof of workers' compensation insurance coverage;
 new text end

new text begin (5) proof of liability insurance;
 new text end

new text begin (6) a description of the CFSS provider agency's organization identifying the names
or all owners, managing employees, staff, board of directors, and the affiliations of the
directors, owners, or staff to other service providers;
 new text end

new text begin (7) a copy of the CFSS provider agency's written policies and procedures including:
hiring of employees; training requirements; service delivery; and employee and consumer
safety including process for notification and resolution of consumer grievances,
identification and prevention of communicable diseases, and employee misconduct;
 new text end

new text begin (8) copies of all other forms the CFSS provider agency uses in the course of daily
business including, but not limited to:
 new text end

new text begin (i) a copy of the CFSS provider agency's time sheet if the time sheet varies from
the standard time sheet for CFSS services approved by the commissioner, and a letter
requesting approval of the CFSS provider agency's nonstandard time sheet;
 new text end

new text begin (ii) the CFSS provider agency's template for the CFSS care plan; and
 new text end

new text begin (iii) the CFSS provider agency's template for the written agreement in subdivision
21 for recipients using the CFSS choice option, if applicable;
 new text end

new text begin (9) a list of all training and classes that the CFSS provider agency requires of its
staff providing CFSS services;
 new text end

new text begin (10) documentation that the CFSS provider agency and staff have successfully
completed all the training required by this section;
 new text end

new text begin (11) documentation of the agency's marketing practices;
 new text end

new text begin (12) disclosure of ownership, leasing, or management of all residential properties
that is used or could be used for providing home care services;
 new text end

new text begin (13) documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for CFSS services for employee personal
care assistant wages and benefits: 72.5 percent of revenue from CFSS providers. The
revenue generated by the support specialist and the reasonable costs associated with the
support specialist shall not be used in making this calculation; and
 new text end

new text begin (14) documentation that the agency does not burden recipients' free exercise of their
right to choose service providers by requiring personal care assistants to sign an agreement
not to work with any particular CFSS recipient or for another CFSS provider agency after
leaving the agency and that the agency is not taking action on any such agreements or
requirements regardless of the date signed.
 new text end

new text begin (b) CFSS provider agencies shall provide the information specified in paragraph
(a) to the commissioner.
 new text end

new text begin (c) All CFSS provider agencies shall require all employees in management and
supervisory positions and owners of the agency who are active in the day-to-day
management and operations of the agency to complete mandatory training as determined
by the commissioner. Employees in management and supervisory positions and owners
who are active in the day-to-day operations of an agency who have completed the required
training as an employee with a CFSS provider agency do not need to repeat the required
training if they are hired by another agency, if they have completed the training within
the past three years. CFSS provider agency billing staff shall complete training about
CFSS program financial management. Any new owners or employees in management
and supervisory positions involved in the day-to-day operations are required to complete
mandatory training as a requisite of working for the agency. CFSS provider agencies
certified for participation in Medicare as home health agencies are exempt from the
training required in this subdivision.
 new text end

new text begin Subd. 13. new text end

new text begin Flexible spending model. new text end

new text begin (a) Under the flexible spending model
participants accept more responsibility and control over the services and supports
described and budgeted within the CFSS service delivery plan. Under this model:
 new text end

new text begin (1) using a budget allocation, participants may directly employ and pay support
workers and obtain other supports and goods as defined in subdivision 7; and
 new text end

new text begin (2) from the financial management services (FMS) contractor the participant may
choose a range of support assistance for:
 new text end

new text begin (i) planning, budgeting, and management of services and support;
 new text end

new text begin (ii) the employment, training, supervision, and evaluation of workers;
 new text end

new text begin (iii) acquisition and payment and supports and goods; and
 new text end

new text begin (iv) evaluation of individual service outcomes as needed for the scope of the
participant's degree of control and responsibility.
 new text end

new text begin (b) Participants who are unable to fulfill any of the functions listed in paragraph (a)
may authorize a legal representative or participant's representative to do so on their behalf.
 new text end

new text begin (c) The FMS contractor shall not provide CFSS services and supports under the
agency-provider service model. The FMS contractor shall provide service functions as
determined by the commissioner that include but are not limited to:
 new text end

new text begin (1) information and consultation about CFSS;
 new text end

new text begin (2) assistance with the development of the service delivery plan and flexible
spending model as requested by the participant;
 new text end

new text begin (3) billing and making payments for flexible spending model expenditures;
 new text end

new text begin (4) employer and employer agent functions according to Internal Revenue Code
Procedure 70-6, section 3504, Agency Employer Tax Liability, regulation 137036-08,
which includes assistance with filing and paying payroll taxes, and obtaining worker
compensation coverage;
 new text end

new text begin (5) data recording and reporting of participant spending; and
 new text end

new text begin (6) other duties established in the contract with the department.
 new text end

new text begin (d) A participant who requests to purchase goods and supports along with support
worker services under the agency-provider model must use flexible spending model
with a service delivery plan that specifies the amount of services to be authorized to the
agency-provider and the expenditures to be paid by the FMS contractor.
 new text end

new text begin (e) The FMS contractor shall:
 new text end

new text begin (1) not limit or restrict the participant's choice of service or support providers,
including the use of any available employment models;
 new text end

new text begin (2) provide the participant and the targeted case manager, if applicable, with a
monthly written summary of the spending for services and supports that were billed
against the spending budget;
 new text end

new text begin (3) be knowledgeable of state and federal employment regulations under the Fair
Labor Standards Act of 1938, and comply with the requirements under the Internal
Revenue Service Revenue Code Procedure 70-6, Section 35-4, Agency Employer Tax
Liability for vendor or fiscal employer agent, and any requirements necessary to process
employer and employee deductions, provide appropriate and timely submission of
employer tax liabilities, and maintain documentation to support medical assistance claims;
 new text end

new text begin (4) have current and adequate liability insurance and bonding and sufficient cash
flow as determined by the commission and have on staff or under contract a certified
public accountant or an individual with a baccalaureate degree in accounting;
 new text end

new text begin (5) assume fiscal accountability for state funds designated for the program; and
 new text end

new text begin (6) maintain documentation of receipts, invoices, and bills to track all services and
supports expenditures for any goods purchased and maintain time records of support
workers. The documentation and time records must be maintained for a minimum of
five years from the claim date and be available for audit or review upon request by the
commissioner. Claims submitted by the FMS contractor to the commissioner for payment
must correspond with services, amounts, and time periods as authorized in the participant's
spending budget and service plan.
 new text end

new text begin (f) The commissioner of human services shall:
 new text end

new text begin (1) establish rates and payment methodology for the FMS contractor;
 new text end

new text begin (2) identify a process to ensure quality and performance standards for the FMS
contractor and ensure statewide access to FMS contractors; and
 new text end

new text begin (3) establish a uniform protocol for delivering and administering CFSS services
to be used by eligible FMS contractors.
 new text end

new text begin (g) Participants who are disenrolled from the model shall be transferred to the
agency-provider model.
 new text end

new text begin Subd. 14. new text end

new text begin Participant's responsibilities under flexible spending model. new text end

new text begin (a) A
participant using the flexible spending model must use a FMS contractor or vendor that is
under contract with the department. Upon a determination of eligibility and completion of
the assessment and community support plan, the participant shall choose a FMS contractor
from a list of eligible vendors maintained by the department.
 new text end

new text begin (b) When the participant, participant's representative, or legal representative chooses
to be the employer of record for the support worker, they are responsible for recruiting,
interviewing, hiring, training, scheduling, supervising, and discharging direct support
workers.
 new text end

new text begin (c) In addition to the employer responsibilities in paragraph (b), the participant,
participant's representative, or legal representative is responsible for:
 new text end

new text begin (1) tracking the services provided and all expenditures for goods or other supports;
 new text end

new text begin (2) preparing and submitting time sheets, signed by both the participant and support
worker, to the FMS contractor on a regular basis and in a timely manner according to
the FMS contractor's procedures;
 new text end

new text begin (3) notifying the FMS contractor within ten days of any changes in circumstances
affecting the CFSS service plan or in the participant's place of residence including, but
not limited to, any hospitalization of the participant or change in the participant's address,
telephone number, or employment;
 new text end

new text begin (4) notifying the FMS contractor of any changes in the employment status of each
participant support worker; and
 new text end

new text begin (5) reporting any problems resulting from the quality of services rendered by the
support worker to the FMS contractor. If the participant is unable to resolve any problems
resulting from the quality of service rendered by the support worker with the FMS
contractor, the participant shall report the situation to the department.
 new text end

new text begin Subd. 15. new text end

new text begin Documentation of support services provided. new text end

new text begin (a) Support services
provided to a participant by a support worker employed by either an agency-provider
or the participant acting as the employer must be documented daily by each support
worker, on a time sheet form approved by the commissioner. All documentation may be
Web-based, electronic, or paper documentation. The completed form must be submitted
on a monthly basis to the provider or the participant and the FMS contractor selected by
the participant to provide assistance with meeting the participant's employer obligations
and kept in the recipient's health record.
 new text end

new text begin (b) The activity documentation must correspond to the written service delivery plan
and be reviewed by the agency provider or the participant and the FMS contractor when
the participant is acting as the employer of the support worker.
 new text end

new text begin (c) The time sheet must be on a form approved by the commissioner documenting
time the support worker provides services in the home. The following criteria must be
included in the time sheet:
 new text end

new text begin (1) full name of the support worker and individual provider number;
 new text end

new text begin (2) provider name and telephone numbers, if an agency-provider is responsible for
delivery services under the written service plan;
 new text end

new text begin (3) full name of the participant;
 new text end

new text begin (4) consecutive dates, including month, day, and year, and arrival and departure
times with a.m. or p.m. notations;
 new text end

new text begin (5) signatures of the participant or the participant's representative;
 new text end

new text begin (6) personal signature of the support worker;
 new text end

new text begin (7) any shared care provided, if applicable;
 new text end

new text begin (8) a statement that it is a federal crime to provide false information on CFSS
billings for medical assistance payments; and
 new text end

new text begin (9) dates and location of recipient stays in a hospital, care facility, or incarceration.
 new text end

new text begin Subd. 16. new text end

new text begin Support workers requirements. new text end

new text begin (a) Support workers shall:
 new text end

new text begin (1) enroll with the department as a support worker after a background study under
chapter 245C has been completed and the support worker has received a notice from the
commissioner that:
 new text end

new text begin (i) the support worker is not disqualified under section 245C.14; or
 new text end

new text begin (ii) is disqualified, but the support worker has received a set-aside of the
disqualification under section 245C.22;
 new text end

new text begin (2) have the ability to effectively communicate with the participant or the
participant's representative;
 new text end

new text begin (3) have the skills and ability to provide the services and supports according to the
person's CFSS service delivery plan and respond appropriately to the participant's needs;
 new text end

new text begin (4) not be a participant of CFSS;
 new text end

new text begin (5) complete the basic standardized training as determined by the commissioner
before completing enrollment. The training must be available in languages other than
English and to those who need accommodations due to disabilities. Support worker
training must include successful completion of the following training components:
basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic
roles and responsibilities of support workers including information about basic body
mechanics, emergency preparedness, orientation to positive behavioral practices, fraud
issues, time cards and documentation, and an overview of person-centered planning and
self-direction. Upon completion of the training components, the support worker must pass
the certification test to provide assistance to participants;
 new text end

new text begin (6) complete training and orientation on the participant's individual needs; and
 new text end

new text begin (7) maintain the privacy and confidentiality of the participant, and not independently
determine the medication dose or time for medications for the participant.
 new text end

new text begin (b) The commissioner may deny or terminate a support worker's provider enrollment
and provider number if the support worker:
 new text end

new text begin (1) lacks the skills, knowledge, or ability to adequately or safely perform the
required work;
 new text end

new text begin (2) fails to provide the authorized services required by the participant employer;
 new text end

new text begin (3) has been intoxicated by alcohol or drugs while providing authorized services to
the participant or while in the participant's home;
 new text end

new text begin (4) has manufactured or distributed drugs while providing authorized services to the
participant or while in the participant's home; or
 new text end

new text begin (5) has been excluded as a provider by the commissioner of human services, or the
United States Department of Health and Human Services, Office of Inspector General,
from participation in Medicaid, Medicare, or any other federal health care program.
 new text end

new text begin (c) A support worker may appeal in writing to the commissioner to contest the
decision to terminate the support worker's provider enrollment and provider number.
 new text end

new text begin Subd. 17. new text end

new text begin Support specialist requirements and payments. new text end

new text begin The commissioner
shall develop qualifications, scope of functions, and payment rates and service limits for a
support specialist that may provide additional or specialized assistance necessary to plan,
implement, arrange, augment, or evaluate services and supports.
 new text end

new text begin Subd. 18. new text end

new text begin Service unit and budget allocation requirements. new text end

new text begin (a) For the
agency-provider model, services will be authorized in units of service. The total service
unit amount must be established based upon the assessed need for CFSS services, and
must not exceed the maximum number of units available as determined by section
256B.0652, subdivision 6. The unit rate established by the commissioner is used with
assessed units to determine the maximum available CFSS allocation.
 new text end

new text begin (b) For the flexible spending model, services and supports are authorized under
a budget limit.
 new text end

new text begin (c) The maximum available CFSS participant budget allocation shall be established
by multiplying the number of units authorized under subdivision 8 by the payment rate
established by the commissioner.
 new text end

new text begin Subd. 19. new text end

new text begin Support system. new text end

new text begin (a) The commissioner shall provide information,
consultation, training, and assistance to ensure the participant is able to manage the
services and supports and budgets, if applicable. This support shall include individual
consultation on how to select and employ workers, manage responsibilities under CFSS,
and evaluate personal outcomes.
 new text end

new text begin (b) The commissioner shall provide assistance with the development of risk
management agreements.
 new text end

new text begin Subd. 20. new text end

new text begin Service-related rights. new text end

new text begin Participants must be provided with adequate
information, counseling, training, and assistance, as needed, to ensure that the participant
is able to choose and manage services, models, and budgets. This support shall include
information regarding: (1) person-centered planning; (2) the range and scope of individual
choices; (3) the process for changing plans, services and budgets; (4) the grievance
process; (5) individual rights; (6) identifying and assessing appropriate services; (7) risks
and responsibilities; and (8) risk management. A participant who appeals a reduction in
previously authorized CFSS services may continue previously authorized services pending
an appeal under section 256.045. The commissioner must ensure that the participant
has a copy of the most recent service delivery plan that contains a detailed explanation
of which areas of covered CFSS are reduced, and provide notice of the amount of the
budget reduction, and the reasons for the reduction in the participant's notice of denial,
termination, or reduction.
 new text end

new text begin Subd. 21. new text end

new text begin Development and Implementation Council. new text end

new text begin The commissioner
shall establish a Development and Implementation Council of which the majority of
members are individuals with disabilities, elderly individuals, and their representatives.
The commissioner shall consult and collaborate with the council when developing and
implementing this section.
 new text end

new text begin Subd. 22. new text end

new text begin Quality assurance and risk management system. new text end

new text begin (a) The commissioner
shall establish quality assurance and risk management measures for use in developing and
implementing CFSS including those that (1) recognize the roles and responsibilities of those
involved in obtaining CFSS, and (2) ensure the appropriateness of such plans and budgets
based upon a recipient's resources and capabilities. Risk management measures must
include background studies, and backup and emergency plans, including disaster planning.
 new text end

new text begin (b) The commissioner shall provide ongoing technical assistance and resource and
educational materials for CFSS participants.
 new text end

new text begin (c) Performance assessment measures, such as a participant's satisfaction with the
services and supports, and ongoing monitoring of health and well-being shall be identified
in consultation with the council established in subdivision 21.
 new text end

new text begin Subd. 23. new text end

new text begin Commissioner's access. new text end

new text begin When the commissioner is investigating a
possible overpayment of Medicaid funds, the commissioner must be given immediate
access without prior notice to the agency provider or FMS contractor's office during
regular business hours and to documentation and records related to services provided and
submission of claims for services provided. Denying the commissioner access to records
is cause for immediate suspension of payment and terminating the agency provider's
enrollment according to section 256B.064 or terminating the FMS contract.
 new text end

new text begin Subd. 24. new text end

new text begin CFSS agency-providers; background studies. new text end

new text begin CFSS agency-providers
enrolled to provide personal care assistance services under the medical assistance program
shall comply with the following:
 new text end

new text begin (1) owners who have a five percent interest or more and all managing employees
are subject to a background study as provided in chapter 245C. This applies to currently
enrolled CFSS agency-providers and those agencies seeking enrollment as a CFSS
agency-provider. "Managing employee" has the same meaning as Code of Federal
Regulations, title 42, section 455. An organization is barred from enrollment if:
 new text end

new text begin (i) the organization has not initiated background studies on owners managing
employees; or
 new text end

new text begin (ii) the organization has initiated background studies on owners and managing
employees, but the commissioner has sent the organization a notice that an owner or
managing employee of the organization has been disqualified under section 245C.14, and
the owner or managing employee has not received a set-aside of the disqualification
under section 245C.22;
 new text end

new text begin (2) a background study must be initiated and completed for all support specialists; and
 new text end

new text begin (3) a background study must be initiated and completed for all support workers.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The
commissioner of human services shall notify the revisor of statutes when this occurs.
 new text end

Sec. 44.

Minnesota Statutes 2012, section 256I.05, is amended by adding a subdivision
to read:


new text begin Subd. 1o. new text end

new text begin Supplementary service rate; exemptions. new text end

new text begin A county agency shall not
negotiate a supplementary service rate under this section for any individual that has been
determined to be eligible for Housing Stability Services as approved by the Centers
for Medicare and Medicaid Services, and who resides in an establishment voluntarily
registered under section 144D.025, as a supportive housing establishment or participates
in the Minnesota supportive housing demonstration program under section 256I.04,
subdivision 3, paragraph (a), clause (4).
 new text end

Sec. 45.

Minnesota Statutes 2012, section 626.557, subdivision 4, is amended to read:


Subd. 4.

Reporting.

(a) Except as provided in paragraph (b), a mandated reporter
shall immediately make an oral report to the common entry point. new text begin The common entry
point may accept electronic reports submitted through a Web-based reporting system
established by the commissioner. new text end Use of a telecommunications device for the deaf or other
similar device shall be considered an oral report. The common entry point may not require
written reports. To the extent possible, the report must be of sufficient content to identify
the vulnerable adult, the caregiver, the nature and extent of the suspected maltreatment,
any evidence of previous maltreatment, the name and address of the reporter, the time,
date, and location of the incident, and any other information that the reporter believes
might be helpful in investigating the suspected maltreatment. A mandated reporter may
disclose not public data, as defined in section 13.02, and medical records under sections
144.291 to 144.298, to the extent necessary to comply with this subdivision.

(b) A boarding care home that is licensed under sections 144.50 to 144.58 and
certified under Title 19 of the Social Security Act, a nursing home that is licensed under
section 144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a
hospital that is licensed under sections 144.50 to 144.58 and has swing beds certified under
Code of Federal Regulations, title 42, section 482.66, may submit a report electronically
to the common entry point instead of submitting an oral report. The report may be a
duplicate of the initial report the facility submits electronically to the commissioner of
health to comply with the reporting requirements under Code of Federal Regulations, title
42, section 483.13. The commissioner of health may modify these reporting requirements
to include items required under paragraph (a) that are not currently included in the
electronic reporting form.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
 new text end

Sec. 46.

Minnesota Statutes 2012, section 626.557, subdivision 9, is amended to read:


Subd. 9.

Common entry point designation.

(a) deleted text begin Each county board shall designate
a common entry point for reports of suspected maltreatment. Two or more county boards
may jointly designate a singledeleted text end new text begin The commissioner of human services shall establish a
new text end common entry pointnew text begin effective July 1, 2014new text end . The common entry point is the unit responsible
for receiving the report of suspected maltreatment under this section.

(b) The common entry point must be available 24 hours per day to take calls from
reporters of suspected maltreatment. The common entry point shall use a standard intake
form that includes:

(1) the time and date of the report;

(2) the name, address, and telephone number of the person reporting;

(3) the time, date, and location of the incident;

(4) the names of the persons involved, including but not limited to, perpetrators,
alleged victims, and witnesses;

(5) whether there was a risk of imminent danger to the alleged victim;

(6) a description of the suspected maltreatment;

(7) the disability, if any, of the alleged victim;

(8) the relationship of the alleged perpetrator to the alleged victim;

(9) whether a facility was involved and, if so, which agency licenses the facility;

(10) any action taken by the common entry point;

(11) whether law enforcement has been notified;

(12) whether the reporter wishes to receive notification of the initial and final
reports; and

(13) if the report is from a facility with an internal reporting procedure, the name,
mailing address, and telephone number of the person who initiated the report internally.

(c) The common entry point is not required to complete each item on the form prior
to dispatching the report to the appropriate lead investigative agency.

(d) The common entry point shall immediately report to a law enforcement agency
any incident in which there is reason to believe a crime has been committed.

(e) If a report is initially made to a law enforcement agency or a lead investigative
agency, those agencies shall take the report on the appropriate common entry point intake
forms and immediately forward a copy to the common entry point.

(f) The common entry point staff must receive training on how to screen and
dispatch reports efficiently and in accordance with this section.

(g) The commissioner of human services shall maintain a centralized database
for the collection of common entry point data, lead investigative agency data including
maltreatment report disposition, and appeals data.new text begin The common entry point shall
have access to the centralized database and must log the reports into the database and
immediately identify and locate prior reports of abuse, neglect, or exploitation.
new text end

new text begin (h) When appropriate, the common entry point staff must refer calls that do not
allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations
that might resolve the reporter's concerns.
 new text end

new text begin (i) a common entry point must be operated in a manner that enables the
commissioner of human services to:
 new text end

new text begin (1) track critical steps in the reporting, evaluation, referral, response, disposition,
and investigative process to ensure compliance with all requirements for all reports;
 new text end

new text begin (2) maintain data to facilitate the production of aggregate statistical reports for
monitoring patterns of abuse, neglect, or exploitation;
 new text end

new text begin (3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect,
or exploitation;
 new text end

new text begin (4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and
 new text end

new text begin (5) track and manage consumer complaints related to the common entry point.
 new text end

new text begin (j) The commissioners of human services and health shall collaborate on the creation
of a triage system for investigations. This system shall enable the commissioner of human
services to track critical steps in the reporting, evaluation, referral, response, disposition,
investigation, notification, determination, and appeal processes.
 new text end

Sec. 47.

Minnesota Statutes 2012, section 626.557, subdivision 9e, is amended to read:


Subd. 9e.

Education requirements.

(a) The commissioners of health, human
services, and public safety shall cooperate in the development of a joint program for
education of lead investigative agency investigators in the appropriate techniques for
investigation of complaints of maltreatment. This program must be developed by July
1, 1996. The program must include but need not be limited to the following areas: (1)
information collection and preservation; (2) analysis of facts; (3) levels of evidence; (4)
conclusions based on evidence; (5) interviewing skills, including specialized training to
interview people with unique needs; (6) report writing; (7) coordination and referral
to other necessary agencies such as law enforcement and judicial agencies; (8) human
relations and cultural diversity; (9) the dynamics of adult abuse and neglect within family
systems and the appropriate methods for interviewing relatives in the course of the
assessment or investigation; (10) the protective social services that are available to protect
alleged victims from further abuse, neglect, or financial exploitation; (11) the methods by
which lead investigative agency investigators and law enforcement workers cooperate in
conducting assessments and investigations in order to avoid duplication of efforts; and
(12) data practices laws and procedures, including provisions for sharing data.

new text begin (b) The commissioner of human services shall conduct an outreach campaign to
promote the common entry point for reporting vulnerable adult maltreatment. This
campaign shall assist potential reporters, mandated reporters, and vulnerable adults in
finding information on reporting to the common entry point. This campaign shall use the
Internet and other means of communication.
 new text end

deleted text begin (b)deleted text end new text begin (c)new text end The commissioners of health, human services, and public safety shall offer at
least annual education to others on the requirements of this section, on how this section is
implemented, and investigation techniques.

deleted text begin (c)deleted text end new text begin (d)new text end The commissioner of human services, in coordination with the commissioner
of public safety shall provide training for the common entry point staff as required in this
subdivision and the program courses described in this subdivision, at least four times
per year. At a minimum, the training shall be held twice annually in the seven-county
metropolitan area and twice annually outside the seven-county metropolitan area. The
commissioners shall give priority in the program areas cited in paragraph (a) to persons
currently performing assessments and investigations pursuant to this section.

deleted text begin (d)deleted text end new text begin (e)new text end The commissioner of public safety shall notify in writing law enforcement
personnel of any new requirements under this section. The commissioner of public
safety shall conduct regional training for law enforcement personnel regarding their
responsibility under this section.

deleted text begin (e)deleted text end new text begin (f)new text end Each lead investigative agency investigator must complete the education
program specified by this subdivision within the first 12 months of work as a lead
investigative agency investigator.

A lead investigative agency investigator employed when these requirements take
effect must complete the program within the first year after training is available or as soon
as training is available.

All lead investigative agency investigators having responsibility for investigation
duties under this section must receive a minimum of eight hours of continuing education
or in-service training each year specific to their duties under this section.

Sec. 48. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 245A.655; 256B.0911, subdivisions 4a, 4b, and
4c; and 256B.0917, subdivisions 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, and 14, new text end new text begin are repealed.
 new text end

Sec. 49. new text begin EFFECTIVE DATE; CONTINGENT SYSTEMS MODERNIZATION
APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given.
 new text end

new text begin (b) Unless otherwise indicated, "commissioner" means the commissioner of human
services.
 new text end

new text begin (c) "Contingent systems modernization appropriation" refers to the appropriation in
article 14, section 3, subdivision 4, paragraph (a).
 new text end

new text begin (d) "Department" means the Department of Human Services.
 new text end

new text begin (e) "Plan" means the plan that outlines how the provisions in this article, and the
contingent appropriation for systems modernization, are implemented once federal action
on Reform 2020 has occurred.
 new text end

new text begin (f) Unless otherwise indicated, "Reform 2020" means the commissioner's request
for any necessary federal approval of provisions in this article that modify or provide
new medical assistance services, or that otherwise modify the federal role in the state's
long-term care system.
 new text end

new text begin Subd. 2. new text end

new text begin Intent; effective dates generally. new text end

new text begin (a) Because the changes contained in
this article generate savings that are contingent on federal approval of Reform 2020,
the legislature has also made an appropriation for systems modernization contingent on
federal approval of Reform 2020. The purpose of this section is to outline how this article
and the contingent systems modernization appropriation are implemented if Reform 2020
is fully, partially, or incrementally approved or denied.
 new text end

new text begin (b) In order for sections 1 to 48 of this article to be effective, the commissioner must
follow the provisions of subdivisions 3 and 4, as applicable, notwithstanding any other
effective dates for those sections.
 new text end

new text begin Subd. 3. new text end

new text begin Federal approval. new text end

new text begin (a) The implementation of this article is contingent
on federal approval.
 new text end

new text begin (b) Upon full or partial approval of the waiver application, the commissioner shall
develop a plan for implementing the provisions in this article that received federal
approval as well as any that do not require federal approval. The plan must:
 new text end

new text begin (1) include fiscal estimates for the 2014-2015 and 2016-2017 biennia;
 new text end

new text begin (2) include the contingent systems modernization appropriation, which cannot
exceed $18,814,000 for the biennium ending June 30, 2015; and
 new text end

new text begin (3) include spending estimates that, with federal administrative reimbursement, do
not exceed the department's net general fund appropriations for the 2014-2015 biennium.
 new text end

new text begin (c) Upon approval by the commissioner of management and budget, the department
may implement the plan.
 new text end

new text begin (d) The commissioner may follow this plan and implement parts of Reform 2020
consistent with federal law if federal approval is denied, received incrementally, or
significantly delayed.
 new text end

new text begin (e) The commissioner must notify the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services funding of the
plan. The plan must be made publicly available online.
 new text end

new text begin Subd. 4. new text end

new text begin Disbursement; implementation. new text end

new text begin The commissioner of management and
budget shall disburse the appropriations in article 14, section 3, subdivision 4, paragraphs
(a), (b), and (d); subdivision 5, paragraphs (e), (g), and (h); and subdivision 6, paragraphs
(f), (i), and (k), to the commissioner to allow for implementation of the approved plan
and make necessary adjustments in the accounting system to reflect any modified funding
levels. Notwithstanding Minnesota Statutes, section 16A.11, subdivision 3, paragraph (b),
these fiscal estimates must be considered in establishing the appropriation base for the
biennium ending June 30, 2017. The commissioner of management and budget shall reflect
the modified funding levels in the first fund balance following the approval of the plan.
 new text end

ARTICLE 3

SAFE AND HEALTHY DEVELOPMENT OF CHILDREN

Section 1.

Minnesota Statutes 2012, section 119B.011, is amended by adding a
subdivision to read:


new text begin Subd. 19b. new text end

new text begin Student parent. new text end

new text begin "Student parent" means a person who is:
 new text end

new text begin (1) under 21 years of age and has a child;
 new text end

new text begin (2) pursuing a high school or general equivalency diploma;
 new text end

new text begin (3) residing within a county that has a basic sliding fee waiting list under section
119B.03, subdivision 4; and
 new text end

new text begin (4) not an MFIP participant.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 11, 2013.
 new text end

Sec. 2.

Minnesota Statutes 2012, section 119B.02, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Child care market rate survey. new text end

new text begin Biennially, the commissioner shall survey
prices charged by child care providers in Minnesota to determine the 75th percentile for
like-care arrangements in county price clusters.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 16, 2013.
 new text end

Sec. 3.

Minnesota Statutes 2012, section 119B.025, subdivision 1, is amended to read:


Subdivision 1.

Factors which must be verified.

(a) The county shall verify the
following at all initial child care applications using the universal application:

(1) identity of adults;

(2) presence of the minor child in the home, if questionable;

(3) relationship of minor child to the parent, stepparent, legal guardian, eligible
relative caretaker, or the spouses of any of the foregoing;

(4) age;

(5) immigration status, if related to eligibility;

(6) Social Security number, if given;

(7) income;

(8) spousal support and child support payments made to persons outside the
household;

(9) residence; and

(10) inconsistent information, if related to eligibility.

(b) If a family did not use the universal application or child care addendum to apply
for child care assistance, the family must complete the universal application or child care
addendum at its next eligibility redetermination and the county must verify the factors
listed in paragraph (a) as part of that redetermination. Once a family has completed a
universal application or child care addendum, the county shall use the redetermination
form described in paragraph (c) for that family's subsequent redeterminations. Eligibility
must be redetermined at least every six months. new text begin A family is considered to have met the
eligibility redetermination requirement if a complete redetermination form and all required
verifications are received within 30 days after the date the form was due. Assistance shall
be payable retroactively from the redetermination due date. new text end For a family where at least
one parent is under the age of 21, does not have a high school or general equivalency
diploma, and is a student in a school district or another similar program that provides or
arranges for child care, as well as parenting, social services, career and employment
supports, and academic support to achieve high school graduation, the redetermination of
eligibility shall be deferred beyond six months, but not to exceed 12 months, to the end of
the student's school year. If a family reports a change in an eligibility factor before the
family's next regularly scheduled redetermination, the county must recalculate eligibility
without requiring verification of any eligibility factor that did not change.

(c) The commissioner shall develop a redetermination form to redetermine eligibility
and a change report form to report changes that minimize paperwork for the county and
the participant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 4, 2014.
 new text end

Sec. 4.

Minnesota Statutes 2012, section 119B.03, subdivision 4, is amended to read:


Subd. 4.

Funding priority.

(a) First priority for child care assistance under the
basic sliding fee program must be given to eligible non-MFIP families who do not have a
high school or general equivalency diploma or who need remedial and basic skill courses
in order to pursue employment or to pursue education leading to employment and who
need child care assistance to participate in the education program. new text begin This includes student
parents as defined under section 119B.011, subdivision 19b. new text end Within this priority, the
following subpriorities must be used:

(1) child care needs of minor parents;

(2) child care needs of parents under 21 years of age; and

(3) child care needs of other parents within the priority group described in this
paragraph.

(b) Second priority must be given to parents who have completed their MFIP or
DWP transition year, or parents who are no longer receiving or eligible for diversionary
work program supports.

(c) Third priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under subdivision 9.

(d) Fourth priority must be given to families in which at least one parent is a veteran
as defined under section 197.447.

(e) Families under paragraph (b) must be added to the basic sliding fee waiting list
on the date they begin the transition year under section 119B.011, subdivision 20, and
must be moved into the basic sliding fee program as soon as possible after they complete
their transition year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 11, 2013.
 new text end

Sec. 5.

Minnesota Statutes 2012, section 119B.05, subdivision 1, is amended to read:


Subdivision 1.

Eligible participants.

Families eligible for child care assistance
under the MFIP child care program are:

(1) MFIP participants who are employed or in job search and meet the requirements
of section 119B.10;

(2) persons who are members of transition year families under section 119B.011,
subdivision 20, and meet the requirements of section 119B.10;

(3) families who are participating in employment orientation or job search, or
other employment or training activities that are included in an approved employability
development plan under section 256J.95;

(4) MFIP families who are participating in work job search, job support,
employment, or training activities as required in their employment plan, or in appeals,
hearings, assessments, or orientations according to chapter 256J;

(5) MFIP families who are participating in social services activities under chapter
256J as required in their employment plan approved according to chapter 256J;

(6) families who are participating in services or activities that are included in an
approved family stabilization plan under section 256J.575;

(7) families who are participating in programs as required in tribal contracts under
section 119B.02, subdivision 2, or 256.01, subdivision 2; deleted text begin and
deleted text end

(8) families who are participating in the transition year extension under section
119B.011, subdivision 20adeleted text begin .deleted text end new text begin ; and
new text end

new text begin (9) student parents as defined under section 119B.011, subdivision 19b.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 11, 2013.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 119B.13, subdivision 1, is amended to read:


Subdivision 1.

Subsidy restrictions.

(a) Beginning deleted text begin October 31, 2011deleted text end new text begin September 16,
2013new text end , the maximum rate paid for child care assistance in any county or deleted text begin multicounty region
deleted text end new text begin county price clusternew text end under the child care fund shall be the deleted text begin rate for like-care arrangements in
the county effective July 1, 2006, decreased by 2.5 percentdeleted text end new text begin greater of the 25th percentile of
the 2011 child care provider rate survey or the maximum rate effective November 28, 2011.
The commissioner may: (1) assign a county with no reported provider prices to a similar
price cluster; and (2) consider county level access when determining final price clustersnew text end .

deleted text begin (b) Biennially, beginning in 2012, the commissioner shall survey rates charged
by child care providers in Minnesota to determine the 75th percentile for like-care
arrangements in counties. When the commissioner determines that, using the
commissioner's established protocol, the number of providers responding to the survey is
too small to determine the 75th percentile rate for like-care arrangements in a county or
multicounty region, the commissioner may establish the 75th percentile maximum rate
based on like-care arrangements in a county, region, or category that the commissioner
deems to be similar.
 deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end A rate which includes a special needs rate paid under subdivision 3 or under a
school readiness service agreement paid under section 119B.231, may be in excess of the
maximum rate allowed under this subdivision.

deleted text begin (d)deleted text end new text begin (c)new text end The department shall monitor the effect of this paragraph on provider rates.
The county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care
on an hourly, full-day, and weekly basis, including special needs and disability care. The
maximum payment to a provider for one day of care must not exceed the daily rate. The
maximum payment to a provider for one week of care must not exceed the weekly rate.

deleted text begin (e)deleted text end new text begin (d)new text end Child care providers receiving reimbursement under this chapter must not
be paid activity fees or an additional amount above the maximum rates for care provided
during nonstandard hours for families receiving assistance.

deleted text begin (f)deleted text end new text begin (e)new text end When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.

deleted text begin (g)deleted text end new text begin (f)new text end All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.

new text begin (g) Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum
registration fees in effect on January 1, 2013, shall remain in effect.
 new text end

Sec. 7.

Minnesota Statutes 2012, section 119B.13, subdivision 1a, is amended to read:


Subd. 1a.

Legal nonlicensed family child care provider rates.

(a) Legal
nonlicensed family child care providers receiving reimbursement under this chapter must
be paid on an hourly basis for care provided to families receiving assistance.

(b) The maximum rate paid to legal nonlicensed family child care providers must be
68 percent of the county maximum hourly rate for licensed family child care providers. In
counties new text begin or county price clusters new text end where the maximum hourly rate for licensed family child
care providers is higher than the maximum weekly rate for those providers divided by 50,
the maximum hourly rate that may be paid to legal nonlicensed family child care providers
is the rate equal to the maximum weekly rate for licensed family child care providers
divided by 50 and then multiplied by 0.68. The maximum payment to a provider for one
day of care must not exceed the maximum hourly rate times ten. The maximum payment
to a provider for one week of care must not exceed the maximum hourly rate times 50.

(c) A rate which includes a special needs rate paid under subdivision 3 may be in
excess of the maximum rate allowed under this subdivision.

(d) Legal nonlicensed family child care providers receiving reimbursement under
this chapter may not be paid registration fees for families receiving assistance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 16, 2013.
 new text end

Sec. 8.

Minnesota Statutes 2012, section 119B.13, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Provider rate differential for Parent Aware. new text end

new text begin A family child care
provider or child care center shall be paid a 15 percent differential if they hold a three-star
Parent Aware rating or a 20 percent differential if they hold a four-star Parent Aware
rating. A 15 percent or 20 percent rate differential must be paid above the maximum rate
established in subdivision 1, up to the actual provider rate.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 3, 2014.
 new text end

Sec. 9.

Minnesota Statutes 2012, section 119B.13, is amended by adding a subdivision
to read:


new text begin Subd. 3c. new text end

new text begin Weekly rate paid for children attending high-quality care. new text end

new text begin A licensed
child care provider or license-exempt center may be paid up to the applicable weekly
maximum rate, not to exceed the provider's actual charge, when the following conditions
are met:
 new text end

new text begin (1) the child is age birth to five years, but not yet in kindergarten;
 new text end

new text begin (2) the child attends a child care provider that qualifies for the rate differential
identified in subdivision 3a or 3b; and
 new text end

new text begin (3) the applicant's activities qualify for at least 30 hours of care per week under
sections 119B.03, 119B.05, 119B.10, and Minnesota Rules, chapter 3400.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 4, 2014.
 new text end

Sec. 10.

Minnesota Statutes 2012, section 119B.13, subdivision 6, is amended to read:


Subd. 6.

Provider payments.

(a) The provider shall bill for services provided
within ten days of the end of the service period. If bills are submitted within ten days of
the end of the service period, payments under the child care fund shall be made within 30
days of receiving a bill from the provider. Counties or the state may establish policies that
make payments on a more frequent basis.

(b) If a provider has received an authorization of care and been issued a billing form
for an eligible family, the bill must be submitted within 60 days of the last date of service on
the bill. A bill submitted more than 60 days after the last date of service must be paid if the
county determines that the provider has shown good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
section 119B.08, subdivision 3, and the definition of good cause must include county error.
Any bill submitted more than a year after the last date of service on the bill must not be paid.

(c) If a provider provided care for a time period without receiving an authorization
of care and a billing form for an eligible family, payment of child care assistance may only
be made retroactively for a maximum of six months from the date the provider is issued
an authorization of care and billing form.

(d) A county may refuse to issue a child care authorization to a licensed or legal
nonlicensed provider, revoke an existing child care authorization to a licensed or legal
nonlicensed provider, stop payment issued to a licensed or legal nonlicensed provider, or
refuse to pay a bill submitted by a licensed or legal nonlicensed provider if:

(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms;

(2) a county finds by a preponderance of the evidence that the provider intentionally
gave the county materially false information on the provider's billing forms;

(3) the provider is in violation of child care assistance program rules, until the
agency determines those violations have been corrected;

(4) the provider is operating after receipt of an order of suspension or an order
of revocation of the provider's license, or the provider has been issued an order citing
violations of licensing standards that affect the health and safety of children in care due to
the nature, chronicity, or severity of the licensing violations, until the licensing agency
determines those violations have been corrected;

(5) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request; or

(6) the provider gives false child care price information.

new text begin The county may withhold the provider's authorization or payment for a period of
time not to exceed three months beyond the time the condition has been corrected.
 new text end

(e) A county's payment policies must be included in the county's child care plan
under section 119B.08, subdivision 3. If payments are made by the state, in addition to
being in compliance with this subdivision, the payments must be made in compliance
with section 16A.124.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 3, 2014.
 new text end

Sec. 11.

Minnesota Statutes 2012, section 245A.07, subdivision 2a, is amended to read:


Subd. 2a.

Immediate suspension expedited hearing.

(a) Within five working days
of receipt of the license holder's timely appeal, the commissioner shall request assignment
of an administrative law judge. The request must include a proposed date, time, and place
of a hearing. A hearing must be conducted by an administrative law judge within 30
calendar days of the request for assignment, unless an extension is requested by either
party and granted by the administrative law judge for good cause. The commissioner shall
issue a notice of hearing by certified mail or personal service at least ten working days
before the hearing. The scope of the hearing shall be limited solely to the issue of whether
the temporary immediate suspension should remain in effect pending the commissioner's
final order under section 245A.08, regarding a licensing sanction issued under subdivision
3 following the immediate suspension. The burden of proof in expedited hearings under
this subdivision shall be limited to the commissioner's demonstration that reasonable
cause exists to believe that the license holder's actions or failure to comply with applicable
law or rule poses, or if the actions of other individuals or conditions in the program poses
an imminent risk of harm to the health, safety, or rights of persons served by the program.
"Reasonable cause" means there exist specific articulable facts or circumstances which
provide the commissioner with a reasonable suspicion that there is an imminent risk of harm
to the health, safety, or rights of persons served by the program.new text begin When the commissioner
has determined there is reasonable cause to order the temporary immediate suspension of
a license based on a violation of safe sleep requirements, the commissioner is not required
to demonstrate that an infant died or was injured as a result of the safe sleep violations.
new text end

(b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten working days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The
record shall close at the end of the ten-day period for submission of exceptions. The
commissioner's final order shall be issued within ten working days from the close of the
record. Within 90 calendar days after a final order affirming an immediate suspension, the
commissioner shall make a determination regarding whether a final licensing sanction
shall be issued under subdivision 3. The license holder shall continue to be prohibited
from operation of the program during this 90-day period.

(c) When the final order under paragraph (b) affirms an immediate suspension, and a
final licensing sanction is issued under subdivision 3 and the license holder appeals that
sanction, the license holder continues to be prohibited from operation of the program
pending a final commissioner's order under section 245A.08, subdivision 5, regarding the
final licensing sanction.

Sec. 12.

Minnesota Statutes 2012, section 245A.1435, is amended to read:


245A.1435 REDUCTION OF RISK OF SUDDENnew text begin UNEXPECTEDnew text end INFANT
DEATH deleted text begin SYNDROMEdeleted text end IN LICENSED PROGRAMS.

(a) When a license holder is placing an infant to sleep, the license holder must
place the infant on the infant's back, unless the license holder has documentation from
the infant's deleted text begin parentdeleted text end new text begin physiciannew text end directing an alternative sleeping position for the infant. The
deleted text begin parentdeleted text end new text begin physiciannew text end directive must be on a form approved by the commissioner and must
deleted text begin include a statement that the parent or legal guardian has read the information provided by
the Minnesota Sudden Infant Death Center, related to the risk of SIDS and the importance
of placing an infant or child on its back to sleep to reduce the risk of SIDSdeleted text end new text begin remain on file
at the licensed locationnew text end .new text begin An infant who independently rolls onto its stomach after being
placed to sleep on its back may be allowed to remain sleeping on its stomach.
new text end

(b) The license holder must place the infant in a crib directly on a firm mattress with
a fitted crib sheet that fits tightly on the mattress and overlaps the mattress so it cannot be
dislodged by pulling on the corner of the sheet. The license holder must not place pillows,
quilts, comforters, sheepskin, pillow-like stuffed toys, new text begin any loose bedding including but
not limited to blankets and sheets, new text end or other soft products in the crib with the infant. The
requirements of this section apply to license holders serving infants up to and including
12 months of age. Licensed child care providers must meet the crib requirements under
section 245A.146.

new text begin (c) If an infant falls asleep before being placed in a crib, the license holder must
move the infant to a crib as soon as practicable, and must keep the infant within sight of
the license holder until the infant is placed in a crib. When an infant falls asleep while
being held, the license holder must consider the supervision needs of other children in
care when determining how long to hold the infant before placing the infant in a crib to
sleep. The sleeping infant must not be in a position where the airway may be blocked or
with anything covering the infant's face.
 new text end

Sec. 13.

Minnesota Statutes 2012, section 245A.144, is amended to read:


245A.144 new text begin TRAINING ON RISK OF new text end SUDDEN new text begin UNEXPECTED new text end INFANT
DEATH AND deleted text begin SHAKEN BABY SYNDROMEdeleted text end new text begin ABUSIVE HEAD TRAUMAnew text end FOR
CHILD FOSTER CARE PROVIDERS.

(a) Licensed child foster care providers that care for infants or children through five
years of age must document that before staff persons and caregivers assist in the care
of infants or children through five years of age, they are instructed on the standards in
section 245A.1435 and receive training on reducing the risk of suddennew text begin unexpectednew text end infant
death deleted text begin syndromedeleted text end and deleted text begin shaken baby syndrome fordeleted text end new text begin abusive head trauma from shakingnew text end infants
and young children. This section does not apply to emergency relative placement under
section 245A.035. The training on reducing the risk of sudden new text begin unexpected new text end infant death
deleted text begin syndromedeleted text end and deleted text begin shaken baby syndromedeleted text end new text begin abusive head traumanew text end may be provided as:

(1) orientation training to child foster care providers, who care for infants or children
through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or

(2) in-service training to child foster care providers, who care for infants or children
through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.

(b) Training required under this section must be at least one hour in length and must
be completed at least once every five years. At a minimum, the training must address
the risk factors related to sudden new text begin unexpected new text end infant death deleted text begin syndromedeleted text end and deleted text begin shaken baby
syndromedeleted text end new text begin abusive head traumanew text end , means of reducing the risk of sudden new text begin unexpected new text end infant
death deleted text begin syndromedeleted text end and deleted text begin shaken baby syndromedeleted text end new text begin abusive head traumanew text end , and license holder
communication with parents regarding reducing the risk of sudden new text begin unexpected new text end infant
death deleted text begin syndromedeleted text end and deleted text begin shaken baby syndromedeleted text end new text begin abusive head traumanew text end .

(c) Training for child foster care providers must be approved by the county or
private licensing agency that is responsible for monitoring the child foster care provider
under section 245A.16. The approved training fulfills, in part, training required under
Minnesota Rules, part 2960.3070.

Sec. 14.

Minnesota Statutes 2012, section 245A.1444, is amended to read:


245A.1444 TRAINING ON RISK OF SUDDEN new text begin UNEXPECTED new text end INFANT
DEATH deleted text begin SYNDROMEdeleted text end AND deleted text begin SHAKEN BABY SYNDROMEdeleted text end new text begin ABUSIVE HEAD
TRAUMAnew text end BY OTHER PROGRAMS.

A licensed chemical dependency treatment program that serves clients with infants
or children through five years of age, who sleep at the program and a licensed children's
residential facility that serves infants or children through five years of age, must document
that before program staff persons or volunteers assist in the care of infants or children
through five years of age, they are instructed on the standards in section 245A.1435 and
receive training on reducing the risk of suddennew text begin unexpectednew text end infant death deleted text begin syndromedeleted text end and
deleted text begin shaken baby syndromedeleted text end new text begin abusive head trauma from shaking infants and young childrennew text end . The
training conducted under this section may be used to fulfill training requirements under
Minnesota Rules, parts 2960.0100, subpart 3; and 9530.6490, subpart 4, item B.

This section does not apply to child care centers or family child care programs
governed by sections 245A.40 and 245A.50.

Sec. 15.

new text begin [245A.147] FAMILY CHILD CARE INFANT SLEEP SUPERVISION
REQUIREMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin In-person checks on infants. new text end

new text begin (a) License holders that serve infants
must monitor sleeping infants by conducting in-person checks on each infant in their care
every 30 minutes.
 new text end

new text begin (b) Upon enrollment of an infant in a family child care program, the license holder
must conduct in-person checks on the infant every 15 minutes, during the first four
months of care.
 new text end

new text begin (c) When an infant has an upper respiratory infection, the license holder must
conduct in-person checks on the infant every 15 minutes throughout the hours of care.
 new text end

new text begin Subd. 2. new text end

new text begin Use of audio or visual monitoring devices. new text end

new text begin In addition to conducting
the in-person checks required under subdivision 1, license holders serving infants must
use and maintain an audio or visual monitoring device to monitor each infant in care
during all hours of care.
 new text end

Sec. 16.

new text begin [245A.152] CHILD CARE LICENSE HOLDER INSURANCE.
 new text end

new text begin Subdivision 1. new text end

new text begin Insurance coverage required for child care licensure. new text end

new text begin (a) All
licensed family child care providers and child care centers shall maintain insurance
coverage for personal injury, death, or property damage resulting from any act or omission
related to the provision of services under the license. The coverage limits shall be at least
$100,000 per person and $250,000 per occurrence.
 new text end

new text begin (b) No license to provide child care shall take effect before the insurance coverage
required under this section becomes effective. A license shall be suspended or revoked
any time the insurance coverage required under this section lapses or is terminated and
replacement coverage has not taken effect.
 new text end

new text begin (c) A license holder shall immediately notify the commissioner if the insurance
coverage required under this section lapses or is terminated and no replacement coverage
has taken effect.
 new text end

new text begin Subd. 2. new text end

new text begin Evidence of insurance. new text end

new text begin (a) A current certificate of coverage for insurance
required under this section shall be posted in a place in the licensed family child care
home or center that is conspicuous to all visitors and parents of children receiving services
from the program.
 new text end

new text begin (b) A license holder shall, upon request, provide a copy of the current certificate of
coverage for insurance required under this section to the commissioner or to any parent
of a child receiving services from the licensed program.
 new text end

Sec. 17.

Minnesota Statutes 2012, section 245A.40, subdivision 5, is amended to read:


Subd. 5.

Sudden new text begin unexpected new text end infant death deleted text begin syndromedeleted text end and deleted text begin shaken baby syndrome
deleted text end new text begin abusive head trauma new text end training.

(a) License holders must document that before staff
persons new text begin and volunteers new text end care for infants, they are instructed on the standards in section
245A.1435 and receive training on reducing the risk of sudden new text begin unexpected new text end infant death
deleted text begin syndromedeleted text end . In addition, license holders must document that before staff persons care for
infants or children under school age, they receive training on the risk of deleted text begin shaken baby
syndromedeleted text end new text begin abusive head trauma from shaking infants and young childrennew text end . The training
in this subdivision may be provided as orientation training under subdivision 1 and
in-service training under subdivision 7.

(b) Suddennew text begin unexpectednew text end infant death deleted text begin syndromedeleted text end reduction training required under
this subdivision must be at least one-half hour in length and must be completed at least
once every deleted text begin five yearsdeleted text end new text begin yearnew text end . At a minimum, the training must address the risk factors
related to sudden new text begin unexpected new text end infant death deleted text begin syndromedeleted text end , means of reducing the risk of sudden
new text begin unexpected new text end infant death deleted text begin syndromedeleted text end in child care, and license holder communication with
parents regarding reducing the risk of sudden new text begin unexpected new text end infant death deleted text begin syndromedeleted text end .

(c) deleted text begin Shaken baby syndromedeleted text end new text begin Abusive head traumanew text end training under this subdivision
must be at least one-half hour in length and must be completed at least once every deleted text begin five
yearsdeleted text end new text begin yearnew text end . At a minimum, the training must address the risk factors related to deleted text begin shaken
baby syndrome fordeleted text end new text begin shakingnew text end infants and young children, means to reduce the risk of deleted text begin shaken
baby syndromedeleted text end new text begin abusive head traumanew text end in child care, and license holder communication with
parents regarding reducing the risk of deleted text begin shaken baby syndromedeleted text end new text begin abusive head traumanew text end .

(d) The commissioner shall make available for viewing a video presentation on the
dangers associated with shaking infants and young children. The video presentation must
be part of the orientation and annual in-service training of licensed child care center
staff persons caring for children under school age. The commissioner shall provide to
child care providers and interested individuals, at cost, copies of a video approved by the
commissioner of health under section 144.574 on the dangers associated with shaking
infants and young children.

Sec. 18.

Minnesota Statutes 2012, section 245A.50, is amended to read:


245A.50 FAMILY CHILD CARE TRAINING REQUIREMENTS.

Subdivision 1.

Initial training.

(a) License holders, caregivers, and substitutes must
comply with the training requirements in this section.

(b) Helpers who assist with care on a regular basis must complete six hours of
training within one year after the date of initial employment.

Subd. 2.

Child growth and development new text begin and behavior guidance new text end training.

(a) For
purposes of family and group family child care, the license holder and each adult caregiver
who provides care in the licensed setting for more than 30 days in any 12-month period
shall complete and document at least deleted text begin twodeleted text end new text begin fournew text end hours of child growth and development
new text begin and behavior guidance new text end training deleted text begin within the first year ofdeleted text end new text begin prior to initialnew text end licensurenew text begin , and before
caring for childrennew text end . For purposes of this subdivision, "child growth and development
training" means training in understanding how children acquire language and develop
physically, cognitively, emotionally, and socially.new text begin "Behavior guidance training" means
training in the understanding of the functions of child behavior and strategies for managing
challenging situations. Child growth and development and behavior guidance training
must be repeated annually. Training curriculum shall be developed by the commissioner
of human services by January 1, 2014.
new text end

(b) Notwithstanding paragraph (a), individuals are exempt from this requirement if
they:

(1) have taken a three-credit course on early childhood development within the
past five years;

(2) have received a baccalaureate or master's degree in early childhood education or
school-age child care within the past five years;

(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood
educator, a kindergarten to grade 6 teacher with a prekindergarten specialty, an early
childhood special education teacher, or an elementary teacher with a kindergarten
endorsement; or

(4) have received a baccalaureate degree with a Montessori certificate within the
past five years.

Subd. 3.

First aid.

(a) When children are present in a family child care home
governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person
must be present in the home who has been trained in first aid. The first aid training must
have been provided by an individual approved to provide first aid instruction. First aid
training may be less than eight hours and persons qualified to provide first aid training
include individuals approved as first aid instructors.new text begin First aid training must be repeated
every two years.
new text end

(b) A family child care provider is exempt from the first aid training requirements
under this subdivision related to any substitute caregiver who provides less than 30 hours
of care during any 12-month period.

(c) Video training reviewed and approved by the county licensing agency satisfies
the training requirement of this subdivision.

Subd. 4.

Cardiopulmonary resuscitation.

(a) When children are present in a family
child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least
one staff person must be present in the home who has been trained in cardiopulmonary
resuscitation (CPR) and in the treatment of obstructed airwaysnew text begin that includes CPR
techniques for infants and childrennew text end . The CPR training must have been provided by an
individual approved to provide CPR instruction, must be repeated at least once every deleted text begin three
deleted text end new text begin twonew text end years, and must be documented in the staff person's records.

(b) A family child care provider is exempt from the CPR training requirement in
this subdivision related to any substitute caregiver who provides less than 30 hours of
care during any 12-month period.

(c) deleted text begin Video training reviewed and approved by the county licensing agency satisfies
the training requirement of this subdivision.deleted text end new text begin Persons providing CPR training must use
CPR training that has been developed:
new text end

new text begin (1) by the American Heart Association or the American Red Cross and incorporates
psychomotor skills to support the instruction; or
 new text end

new text begin (2) using nationally recognized, evidence-based guidelines for CPR training and
incorporates psychomotor skills to support the instruction.
 new text end

Subd. 5.

Suddennew text begin unexpectednew text end infant death deleted text begin syndromedeleted text end and deleted text begin shaken baby syndrome
deleted text end new text begin abusive head traumanew text end training.

(a) License holders must document that before staff
persons, caregivers, and helpers assist in the care of infants, they are instructed on the
standards in section 245A.1435 and receive training on reducing the risk of sudden
new text begin unexpected new text end infant death deleted text begin syndromedeleted text end . In addition, license holders must document that before
staff persons, caregivers, and helpers assist in the care of infants and children under
school age, they receive training on reducing the risk of deleted text begin shaken baby syndromedeleted text end new text begin abusive
head trauma from shaking infants and young childrennew text end . The training in this subdivision
may be provided as initial training under subdivision 1 or ongoing annual training under
subdivision 7.

(b) Suddennew text begin unexpectednew text end infant death deleted text begin syndromedeleted text end reduction training required under
this subdivision must be at least one-half hour in length and must be completed at least
once every deleted text begin five yearsdeleted text end new text begin yearnew text end . At a minimum, the training must address the risk factors
related to sudden new text begin unexpected new text end infant death deleted text begin syndromedeleted text end , means of reducing the risk of sudden
new text begin unexpected new text end infant death deleted text begin syndromedeleted text end in child care, and license holder communication with
parents regarding reducing the risk of sudden new text begin unexpected new text end infant death deleted text begin syndromedeleted text end .

(c) deleted text begin Shaken baby syndromedeleted text end new text begin Abusive head traumanew text end training required under this
subdivision must be at least one-half hour in length and must be completed at least once
every deleted text begin five yearsdeleted text end new text begin yearnew text end . At a minimum, the training must address the risk factors related
to deleted text begin shaken baby syndromedeleted text end new text begin shaking infants and young childrennew text end , means of reducing the
risk of deleted text begin shaken baby syndromedeleted text end new text begin abusive head traumanew text end in child care, and license holder
communication with parents regarding reducing the risk of deleted text begin shaken baby syndromedeleted text end new text begin abusive
head traumanew text end .

(d) Training for family and group family child care providers must be approved
by the county licensing agency.

deleted text begin (e) The commissioner shall make available for viewing by all licensed child care
providers a video presentation on the dangers associated with shaking infants and young
children. The video presentation shall be part of the initial and ongoing annual training of
licensed child care providers, caregivers, and helpers caring for children under school age.
The commissioner shall provide to child care providers and interested individuals, at cost,
copies of a video approved by the commissioner of health under section 144.574 on the
dangers associated with shaking infants and young children.
 deleted text end

Subd. 6.

Child passenger restraint systems; training requirement.

(a) A license
holder must comply with all seat belt and child passenger restraint system requirements
under section 169.685.

(b) Family and group family child care programs licensed by the Department of
Human Services that serve a child or children under nine years of age must document
training that fulfills the requirements in this subdivision.

(1) Before a license holder, staff person, caregiver, or helper transports a child or
children under age nine in a motor vehicle, the person placing the child or children in a
passenger restraint must satisfactorily complete training on the proper use and installation
of child restraint systems in motor vehicles. Training completed under this subdivision may
be used to meet initial training under subdivision 1 or ongoing training under subdivision 7.

(2) Training required under this subdivision must be at least one hour in length,
completed at initial training, and repeated at least once every five years. At a minimum,
the training must address the proper use of child restraint systems based on the child's
size, weight, and age, and the proper installation of a car seat or booster seat in the motor
vehicle used by the license holder to transport the child or children.

(3) Training under this subdivision must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public
Safety Web site or by contacting the agency.

(c) Child care providers that only transport school-age children as defined in section
245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e), are exempt from this subdivision.

Subd. 7.

Training requirements for family and group family child care.

For
purposes of family and group family child care, the license holder and each primary
caregiver must complete deleted text begin eightdeleted text end new text begin 16new text end hours of new text begin ongoing new text end training each year. For purposes
of this subdivision, a primary caregiver is an adult caregiver who provides services in
the licensed setting for more than 30 days in any 12-month period. new text begin Repeat of topical
training requirements in subdivisions 2 to 7 shall count toward the annual 16-hour training
requirement. Additional new text end ongoing training subjects new text begin to meet the annual 16-hour training
requirement new text end must be selected from the following areas:

(1) deleted text begin "deleted text end child growth and development trainingdeleted text begin " has the meaning given indeleted text end new text begin under
new text end subdivision 2, paragraph (a);

(2) deleted text begin "deleted text end learning environment and curriculumdeleted text begin " includesdeleted text end new text begin , includingnew text end training in
establishing an environment and providing activities that provide learning experiences to
meet each child's needs, capabilities, and interests;

(3) deleted text begin "deleted text end assessment and planning for individual needsdeleted text begin " includesdeleted text end new text begin , includingnew text end training in
observing and assessing what children know and can do in order to provide curriculum
and instruction that addresses their developmental and learning needs, including children
with special needs and bilingual children or children for whom English is not their
primary language;

(4) deleted text begin "deleted text end interactions with childrendeleted text begin " includesdeleted text end new text begin , includingnew text end training in establishing
supportive relationships with children, guiding them as individuals and as part of a group;

(5) deleted text begin "deleted text end families and communitiesdeleted text begin " includesdeleted text end new text begin , includingnew text end training in working
collaboratively with families and agencies or organizations to meet children's needs and to
encourage the community's involvement;

(6) deleted text begin "deleted text end health, safety, and nutritiondeleted text begin " includesdeleted text end new text begin , includingnew text end training in establishing and
maintaining an environment that ensures children's health, safety, and nourishment,
including child abuse, maltreatment, prevention, and reporting; home and fire safety; child
injury prevention; communicable disease prevention and control; first aid; and CPR; and

(7) deleted text begin "deleted text end program planning and evaluationdeleted text begin " includesdeleted text end new text begin , includingnew text end training in establishing,
implementing, evaluating, and enhancing program operations.

Subd. 8.

Other required training requirements.

(a) The training required of
family and group family child care providers and staff must include training in the cultural
dynamics of early childhood development and child care. The cultural dynamics and
disabilities training and skills development of child care providers must be designed to
achieve outcomes for providers of child care that include, but are not limited to:

(1) an understanding and support of the importance of culture and differences in
ability in children's identity development;

(2) understanding the importance of awareness of cultural differences and
similarities in working with children and their families;

(3) understanding and support of the needs of families and children with differences
in ability;

(4) developing skills to help children develop unbiased attitudes about cultural
differences and differences in ability;

(5) developing skills in culturally appropriate caregiving; and

(6) developing skills in appropriate caregiving for children of different abilities.

The commissioner shall approve the curriculum for cultural dynamics and disability
training.

(b) The provider must meet the training requirement in section 245A.14, subdivision
11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child
care or group family child care home to use the swimming pool located at the home.

new text begin Subd. 9. new text end

new text begin Supervising for safety; training requirement. new text end

new text begin Effective July 1, 2014,
all family child care license holders and each adult caregiver who provides care in the
licensed family child care home for more than 30 days in any 12-month period shall
complete and document at least six hours approved training on supervising for safety
prior to initial licensure, and before caring for children. At least two hours of training
on supervising for safety must be repeated annually. For purposes of this subdivision,
"supervising for safety" includes supervision basics, supervision outdoors, equipment and
materials, illness, injuries, and disaster preparedness. The commissioner shall develop
the supervising for safety curriculum by January 1, 2014.
 new text end

Sec. 19.

Minnesota Statutes 2012, section 245C.08, subdivision 1, is amended to read:


Subdivision 1.

Background studies conducted by Department of Human
Services.

(a) For a background study conducted by the Department of Human Services,
the commissioner shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension;

(5) except as provided in clause (6), information from the national crime information
system when the commissioner has reasonable cause as defined under section 245C.05,
subdivision 5; and

(6) for a background study related to a child foster care application for licensurenew text begin , a
transfer of permanent legal and physical custody under section 260C.515,new text end or adoptions,
the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and

(ii) information from national crime information databases, when the background
study subject is 18 years of age or older.

(b) Notwithstanding expungement by a court, the commissioner may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement is
directed specifically to the commissioner.

Sec. 20.

Minnesota Statutes 2012, section 245C.33, subdivision 1, is amended to read:


Subdivision 1.

Background studies conducted by commissioner.

new text begin (a) new text end Before
placement of a child for purposes of adoption, the commissioner shall conduct a
background study on individuals listed in section 259.41, subdivision 3, for county
agencies and private agencies licensed to place children for adoption.

new text begin (b) Before placement of a child for the purposes of a transfer of permanent legal and
physical custody to a relative under section 260C.515, the commissioner shall conduct a
background study on each person over the age of 13 living in the home. New background
studies do not need to be completed if the proposed relative custodian has a valid foster
care license, and background studies according to section 245C.08, subdivision 1, were
completed as part of the licensure process.
 new text end

Sec. 21.

Minnesota Statutes 2012, section 256.0112, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Contracts for child foster care services. new text end

new text begin When local agencies negotiate
lead county contracts or purchase of service contracts for child foster care services, the
foster care maintenance payment made on behalf of the child shall follow the provisions of
Northstar Care for Children, chapter 256N. Foster care maintenance payments as defined
in section 256N.02, subdivision 15, represents costs for activities similar in nature to those
expected of parents and do not cover services rendered by the licensed or tribally approved
foster parent, facility, or administrative costs or fees. Payments made to foster parents
must follow the requirements of section 256N.26, subdivision 15. The legally responsible
agency must provide foster parents with the assessment and notice as specified in section
256N.24. The financially responsible agency is permitted to make additional payments for
specific services provided by the foster parents or facility, as permitted in section 256N.21,
subdivision 5. These additional payments are not considered foster care maintenance.
 new text end

Sec. 22.

Minnesota Statutes 2012, section 256.82, subdivision 2, is amended to read:


Subd. 2.

Foster care maintenance payments.

deleted text begin Beginning January 1, 1986,deleted text end For the
purpose of foster care maintenance payments under title IV-E of the Social Security Act,
United States Code, title 42, sections 670 to 676, the county paying the maintenance
costs must be reimbursed for the costs from the federal money available for the purpose.
Beginning July 1, 1997, for the purposes of determining a child's eligibility under title
IV-E of the Social Security Act, the placing agency shall use AFDC requirements in
effect on July 16, 1996.

Sec. 23.

Minnesota Statutes 2012, section 256.82, subdivision 3, is amended to read:


Subd. 3.

Setting foster care standard rates.

new text begin (a) new text end The commissioner shall annually
establish minimum deleted text begin standard maintenancedeleted text end rates for foster care maintenance deleted text begin anddeleted text end new text begin including
supplementalnew text end difficulty of care payments for all children deleted text begin in foster caredeleted text end new text begin eligible for
Northstar Care for Children under chapter 256Nnew text end .

new text begin (b) All children entering foster care on or after January 1, 2015, are eligible for
Northstar Care for Children under chapter 256N.new text end Any increase in rates shall in no case
exceed three percent per annum.

new text begin (c) All children in foster care on December 31, 2014, must remain in the
pre-Northstar Care for Children foster care program under sections 256N.21, subdivision
6, and 260C.4411, subdivision 1. The rates for the pre-Northstar Care for Children foster
care program shall remain those in effect on January 1, 2013.
 new text end

Sec. 24.

Minnesota Statutes 2012, section 256.98, subdivision 8, is amended to read:


Subd. 8.

Disqualification from program.

(a) Any person found to be guilty of
wrongfully obtaining assistance by a federal or state court or by an administrative hearing
determination, or waiver thereof, through a disqualification consent agreement, or as part
of any approved diversion plan under section 401.065, or any court-ordered stay which
carries with it any probationary or other conditions, in the Minnesota family investment
program and any affiliated program to include the diversionary work program and the
work participation cash benefit program, the food stamp or food support program, the
general assistance program, the group residential housing program, or the Minnesota
supplemental aid program shall be disqualified from that program. In addition, any person
disqualified from the Minnesota family investment program shall also be disqualified from
the food stamp or food support program. The needs of that individual shall not be taken
into consideration in determining the grant level for that assistance unit:

(1) for one year after the first offense;

(2) for two years after the second offense; and

(3) permanently after the third or subsequent offense.

The period of program disqualification shall begin on the date stipulated on the
advance notice of disqualification without possibility of postponement for administrative
stay or administrative hearing and shall continue through completion unless and until the
findings upon which the sanctions were imposed are reversed by a court of competent
jurisdiction. The period for which sanctions are imposed is not subject to review. The
sanctions provided under this subdivision are in addition to, and not in substitution
for, any other sanctions that may be provided for by law for the offense involved. A
disqualification established through hearing or waiver shall result in the disqualification
period beginning immediately unless the person has become otherwise ineligible for
assistance. If the person is ineligible for assistance, the disqualification period begins
when the person again meets the eligibility criteria of the program from which they were
disqualified and makes application for that program.

(b) A family receiving assistance through child care assistance programs under
chapter 119B with a family member who is found to be guilty of wrongfully obtaining child
care assistance by a federal court, state court, or an administrative hearing determination
or waiver, through a disqualification consent agreement, as part of an approved diversion
plan under section 401.065, or a court-ordered stay with probationary or other conditions,
is disqualified from child care assistance programs. The disqualifications must be for
periods of deleted text begin three months, six months, anddeleted text end new text begin one year andnew text end two years for the firstdeleted text begin ,deleted text end new text begin and
new text end seconddeleted text begin , and thirddeleted text end offensesnew text begin ,new text end respectively. Subsequent violations must result in permanent
disqualification. During the disqualification period, disqualification from any child care
program must extend to all child care programs and must be immediately applied.

(c) A provider caring for children receiving assistance through child care assistance
programs under chapter 119B is disqualified from receiving payment for child care
services from the child care assistance program under chapter 119B when the provider is
found to have wrongfully obtained child care assistance by a federal court, state court,
or an administrative hearing determination or waiver under section 256.046, through
a disqualification consent agreement, as part of an approved diversion plan under
section 401.065, or a court-ordered stay with probationary or other conditions. The
disqualification must be for a period of one year for the first offense and two years for
the second offense. Any subsequent violation must result in permanent disqualification.
The disqualification period must be imposed immediately after a determination is made
under this paragraph. During the disqualification period, the provider is disqualified from
receiving payment from any child care program under chapter 119B.

(d) Any person found to be guilty of wrongfully obtaining general assistance
medical care, MinnesotaCare for adults without children, and upon federal approval, all
categories of medical assistance and remaining categories of MinnesotaCare, except
for children through age 18, by a federal or state court or by an administrative hearing
determination, or waiver thereof, through a disqualification consent agreement, or as part
of any approved diversion plan under section 401.065, or any court-ordered stay which
carries with it any probationary or other conditions, is disqualified from that program. The
period of disqualification is one year after the first offense, two years after the second
offense, and permanently after the third or subsequent offense. The period of program
disqualification shall begin on the date stipulated on the advance notice of disqualification
without possibility of postponement for administrative stay or administrative hearing
and shall continue through completion unless and until the findings upon which the
sanctions were imposed are reversed by a court of competent jurisdiction. The period for
which sanctions are imposed is not subject to review. The sanctions provided under this
subdivision are in addition to, and not in substitution for, any other sanctions that may be
provided for by law for the offense involved.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 3, 2014.
 new text end

Sec. 25.

Minnesota Statutes 2012, section 256J.08, subdivision 24, is amended to read:


Subd. 24.

Disregard.

"Disregard" means earned income that is not counted deleted text begin when
determining initial eligibilitydeleted text end new text begin in the initial income test in section 256J.21, subdivision 3,
new text end or new text begin income that is not counted when determining new text end ongoing eligibility and calculating the
amount of the assistance payment for participants. The deleted text begin commissioner shall determine
the amount of thedeleted text end disregard deleted text begin according to section 256J.24, subdivision 10deleted text end new text begin for ongoing
eligibility shall be 50 percent of gross earned incomenew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2013, or upon approval
from the United States Department of Agriculture, whichever is later.
 new text end

Sec. 26.

Minnesota Statutes 2012, section 256J.21, subdivision 2, is amended to read:


Subd. 2.

Income exclusions.

The following must be excluded in determining a
family's available income:

(1) payments for basic care, difficulty of care, and clothing allowances received for
providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, new text begin payments for family foster care to
children under chapter 256N, new text end and payments received and used for care and maintenance of
a third-party beneficiary who is not a household member;

(2) reimbursements for employment training received through the Workforce
Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;

(3) reimbursement for out-of-pocket expenses incurred while performing volunteer
services, jury duty, employment, or informal carpooling arrangements directly related to
employment;

(4) all educational assistance, except the county agency must count graduate student
teaching assistantships, fellowships, and other similar paid work as earned income and,
after allowing deductions for any unmet and necessary educational expenses, shall
count scholarships or grants awarded to graduate students that do not require teaching
or research as unearned income;

(5) loans, regardless of purpose, from public or private lending institutions,
governmental lending institutions, or governmental agencies;

(6) loans from private individuals, regardless of purpose, provided an applicant or
participant documents that the lender expects repayment;

(7)(i) state income tax refunds; and

(ii) federal income tax refunds;

(8)(i) federal earned income credits;

(ii) Minnesota working family credits;

(iii) state homeowners and renters credits under chapter 290A; and

(iv) federal or state tax rebates;

(9) funds received for reimbursement, replacement, or rebate of personal or real
property when these payments are made by public agencies, awarded by a court, solicited
through public appeal, or made as a grant by a federal agency, state or local government,
or disaster assistance organizations, subsequent to a presidential declaration of disaster;

(10) the portion of an insurance settlement that is used to pay medical, funeral, and
burial expenses, or to repair or replace insured property;

(11) reimbursements for medical expenses that cannot be paid by medical assistance;

(12) payments by a vocational rehabilitation program administered by the state
under chapter 268A, except those payments that are for current living expenses;

(13) in-kind income, including any payments directly made by a third party to a
provider of goods and services;

(14) assistance payments to correct underpayments, but only for the month in which
the payment is received;

(15) payments for short-term emergency needs under section 256J.626, subdivision 2;

(16) funeral and cemetery payments as provided by section 256.935;

(17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
a calendar month;

(18) any form of energy assistance payment made through Public Law 97-35,
Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
providers by other public and private agencies, and any form of credit or rebate payment
issued by energy providers;

(19) Supplemental Security Income (SSI), including retroactive SSI payments and
other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;

(20) Minnesota supplemental aid, including retroactive payments;

(21) proceeds from the sale of real or personal property;

(22) deleted text begin state adoption assistance payments under section 259.67, and up to an equal
amount of county adoption assistance paymentsdeleted text end new text begin adoption assistance payments under
chapter 259A and Minnesota Permanency Demonstration, Title IV-E waiver payments
under section 256.01, subdivision 14anew text end ;

(23) state-funded family subsidy program payments made under section 252.32 to
help families care for children with developmental disabilities, consumer support grant
funds under section 256.476, and resources and services for a disabled household member
under one of the home and community-based waiver services programs under chapter 256B;

(24) interest payments and dividends from property that is not excluded from and
that does not exceed the asset limit;

(25) rent rebates;

(26) income earned by a minor caregiver, minor child through age 6, or a minor
child who is at least a half-time student in an approved elementary or secondary education
program;

(27) income earned by a caregiver under age 20 who is at least a half-time student in
an approved elementary or secondary education program;

(28) MFIP child care payments under section 119B.05;

(29) all other payments made through MFIP to support a caregiver's pursuit of
greater economic stability;

(30) income a participant receives related to shared living expenses;

(31) reverse mortgages;

(32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
42, chapter 13A, sections 1771 to 1790;

(33) benefits provided by the women, infants, and children (WIC) nutrition program,
United States Code, title 42, chapter 13A, section 1786;

(34) benefits from the National School Lunch Act, United States Code, title 42,
chapter 13, sections 1751 to 1769e;

(35) relocation assistance for displaced persons under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title
42, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
Code, title 12, chapter 13, sections 1701 to 1750jj;

(36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
12, part 2, sections 2271 to 2322;

(37) war reparations payments to Japanese Americans and Aleuts under United
States Code, title 50, sections 1989 to 1989d;

(38) payments to veterans or their dependents as a result of legal settlements
regarding Agent Orange or other chemical exposure under Public Law 101-239, section
10405, paragraph (a)(2)(E);

(39) income that is otherwise specifically excluded from MFIP consideration in
federal law, state law, or federal regulation;

(40) security and utility deposit refunds;

(41) American Indian tribal land settlements excluded under Public Laws 98-123,
98-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;

(42) all income of the minor parent's parents and stepparents when determining the
grant for the minor parent in households that include a minor parent living with parents or
stepparents on MFIP with other children;

(43) income of the minor parent's parents and stepparents equal to 200 percent of the
federal poverty guideline for a family size not including the minor parent and the minor
parent's child in households that include a minor parent living with parents or stepparents
not on MFIP when determining the grant for the minor parent. The remainder of income is
deemed as specified in section 256J.37, subdivision 1b;

(44) payments made to children eligible for relative custody assistance under section
257.85new text begin and guardianship assistance under section 256N.20new text end ;

(45) vendor payments for goods and services made on behalf of a client unless the
client has the option of receiving the payment in cash;

(46) the principal portion of a contract for deed payment; and

(47) cash payments to individuals enrolled for full-time service as a volunteer under
AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
National, and AmeriCorps NCCC.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
 new text end

Sec. 27.

Minnesota Statutes 2012, section 256J.21, subdivision 3, is amended to read:


Subd. 3.

Initial income test.

The county agency shall determine initial eligibility
by considering all earned and unearned income that is not excluded under subdivision 2.
To be eligible for MFIP, the assistance unit's countable income minus the disregards in
paragraphs (a) and (b) must be below the deleted text begin transitional standard of assistancedeleted text end new text begin family wage
levelnew text end according to section 256J.24 for that size assistance unit.

(a) The initial eligibility determination must disregard the following items:

(1) the employment disregard is 18 percent of the gross earned income whether or
not the member is working full time or part time;

(2) dependent care costs must be deducted from gross earned income for the actual
amount paid for dependent care up to a maximum of $200 per month for each child less
than two years of age, and $175 per month for each child two years of age and older under
this chapter and chapter 119B;

(3) all payments made according to a court order for spousal support or the support
of children not living in the assistance unit's household shall be disregarded from the
income of the person with the legal obligation to pay support, provided that, if there has
been a change in the financial circumstances of the person with the legal obligation to pay
support since the support order was entered, the person with the legal obligation to pay
support has petitioned for a modification of the support order; and

(4) an allocation for the unmet need of an ineligible spouse or an ineligible child
under the age of 21 for whom the caregiver is financially responsible and who lives with
the caregiver according to section 256J.36.

(b) Notwithstanding paragraph (a), when determining initial eligibility for applicant
units when at least one member has received MFIP in this state within four months of
the most recent application for MFIP, apply the disregard as defined in section 256J.08,
subdivision 24, for all unit members.

After initial eligibility is established, the assistance payment calculation is based on
the monthly income test.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2013, or upon approval
from the United States Department of Agriculture, whichever is later.
 new text end

Sec. 28.

Minnesota Statutes 2012, section 256J.24, subdivision 3, is amended to read:


Subd. 3.

Individuals who must be excluded from an assistance unit.

(a) The
following individuals who are part of the assistance unit determined under subdivision 2
are ineligible to receive MFIP:

(1) individuals who are recipients of Supplemental Security Income or Minnesota
supplemental aid;

(2) individuals disqualified from the food stamp or food support program or MFIP,
until the disqualification ends;

(3) children on whose behalf federal, state or local foster care payments are made,
except as provided in sections 256J.13, subdivision 2, and 256J.74, subdivision 2;

new text begin (4) children receiving ongoing guardianship assistance payments under chapter 256N;
 new text end

deleted text begin (4)deleted text end new text begin (5)new text end children receiving ongoing monthly adoption assistance payments under
deleted text begin section 259.67deleted text end new text begin chapter 259A or 256Nnew text end ; and

deleted text begin (5)deleted text end new text begin (6)new text end individuals disqualified from the work participation cash benefit program
until that disqualification ends.

(b) The exclusion of a person under this subdivision does not alter the mandatory
assistance unit composition.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
 new text end

Sec. 29.

Minnesota Statutes 2012, section 256J.24, subdivision 7, is amended to read:


Subd. 7.

Family wage level.

The family wage level is 110 percent of the transitional
standard under subdivision 5 or 6deleted text begin , when applicable, and is the standard used when there is
earned income in the assistance unit. As specified in section 256J.21deleted text end new text begin . If there is earned
income in the assistance unitnew text end , earned income is subtracted from the family wage level to
determine the amount of the assistance paymentnew text begin , as specified in section 256J.21new text end . The
assistance payment may not exceed the transitional standard under subdivision 5 or 6,
or the shared household standard under subdivision 9, whichever is applicable, for the
assistance unit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2013, or upon approval
from the United States Department of Agriculture, whichever is later.
 new text end

Sec. 30.

Minnesota Statutes 2012, section 256J.621, is amended to read:


256J.621 WORK PARTICIPATION CASH BENEFITS.

new text begin Subdivision 1. new text end

new text begin Program characteristics. new text end

(a) Effective October 1, 2009, upon
exiting the diversionary work program (DWP) or upon terminating the Minnesota family
investment program with earnings, a participant who is employed may be eligible for work
participation cash benefits of $25 per month to assist in meeting the family's basic needs
as the participant continues to move toward self-sufficiency.

(b) To be eligible for work participation cash benefits, the participant shall not
receive MFIP or diversionary work program assistance during the month and the
participant or participants must meet the following work requirements:

(1) if the participant is a single caregiver and has a child under six years of age, the
participant must be employed at least 87 hours per month;

(2) if the participant is a single caregiver and does not have a child under six years of
age, the participant must be employed at least 130 hours per month; or

(3) if the household is a two-parent family, at least one of the parents must be
employed 130 hours per month.

Whenever a participant exits the diversionary work program or is terminated from
MFIP and meets the other criteria in this section, work participation cash benefits are
available for up to 24 consecutive months.

(c) Expenditures on the program are maintenance of effort state funds under
a separate state program for participants under paragraph (b), clauses (1) and (2).
Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
funds. Months in which a participant receives work participation cash benefits under this
section do not count toward the participant's MFIP 60-month time limit.

new text begin Subd. 2. new text end

new text begin Program suspension. new text end

new text begin (a) Effective December 1, 2013, the work
participation cash benefits program shall be suspended.
 new text end

new text begin (b) The commissioner of human services may reinstate the work participation cash
benefits program if the United States Department of Human Services determines that the
state of Minnesota did not meet the federal TANF work participation rate, and sends a
notice of penalty to reduce Minnesota's federal TANF block grant authorized under title I
of Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, and under Public Law 109-171, the Deficit Reduction Act of 2005.
 new text end

new text begin (c) The commissioner shall notify the chairs of the legislative committees with
jurisdiction over human services policy and funding of the potential penalty and the
commissioner's plans to reinstate the work participation cash benefit program within 30
days of the date the commissioner receives notification that the state failed to meet the
federal work participation rate.
 new text end

Sec. 31.

Minnesota Statutes 2012, section 256J.626, subdivision 7, is amended to read:


Subd. 7.

Performance base funds.

deleted text begin (a) For the purpose of this section, the following
terms have the meanings given.
 deleted text end

deleted text begin (1) "Caseload Reduction Credit" (CRC) means the measure of how much Minnesota
TANF and separate state program caseload has fallen relative to federal fiscal year 2005
based on caseload data from October 1 to September 30.
 deleted text end

deleted text begin (2) "TANF participation rate target" means a 50 percent participation rate reduced by
the CRC for the previous year.
 deleted text end

deleted text begin (b)deleted text end new text begin (a)new text end For calendar year deleted text begin 2010deleted text end new text begin 2016new text end and yearly thereafter, each county and tribe deleted text begin will
deleted text end new text begin mustnew text end be allocated deleted text begin 95deleted text end new text begin 100new text end percent of their initial calendar year allocation. new text begin Allocations for
new text end counties and tribes deleted text begin willdeleted text end new text begin mustnew text end be deleted text begin allocated additional fundsdeleted text end new text begin adjustednew text end based on performance
as follows:

deleted text begin (1) a county or tribe that achieves the TANF participation rate target or a five
percentage point improvement over the previous year's TANF participation rate under
section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive months for
the most recent year for which the measurements are available, will receive an additional
allocation equal to 2.5 percent of its initial allocation;
 deleted text end

deleted text begin (2)deleted text end new text begin (1)new text end a county or tribe that performs deleted text begin within ordeleted text end above its range of expected
performance on the annualized three-year self-support index under section 256J.751,
subdivision 2, clause (6), deleted text begin willdeleted text end new text begin mustnew text end receive an additional allocation equal to 2.5 percent of
its initial allocation; and

deleted text begin (3) a county or tribe that does not achieve the TANF participation rate target or
a five percentage point improvement over the previous year's TANF participation rate
under section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive
months for the most recent year for which the measurements are available, will not
receive an additional 2.5 percent of its initial allocation until after negotiating a multiyear
improvement plan with the commissioner; or
 deleted text end

deleted text begin (4)deleted text end new text begin (2)new text end a county or tribe that deleted text begin does not perform within or abovedeleted text end new text begin performs belownew text end its
range of expected performance on the annualized three-year self-support index under
section 256J.751, subdivision 2, clause (6), deleted text begin will not receive an additional allocation equal
to 2.5 percent of its initial allocation until after negotiatingdeleted text end new text begin for two consecutive years must
negotiatenew text end a multiyear improvement plan with the commissioner.new text begin If no improvement is
shown by the end of the multiyear plan, the county's or tribe's allocation must be decreased
by 2.5 percent. The decrease must remain in effect until the tribe performs within or
above its range of expected performance.
new text end

deleted text begin (c)deleted text end new text begin (b)new text end For calendar year deleted text begin 2009deleted text end new text begin 2016new text end and yearly thereafter, performance-based funds
for a federally approved tribal TANF program in which the state and tribe have in place a
contract under section 256.01, addressing consolidated funding, deleted text begin willdeleted text end new text begin mustnew text end be allocated
as follows:

deleted text begin (1) a tribe that achieves the participation rate approved in its federal TANF plan
using the average of 12 consecutive months for the most recent year for which the
measurements are available, will receive an additional allocation equal to 2.5 percent of
its initial allocation; and
 deleted text end

deleted text begin (2)deleted text end new text begin (1)new text end a tribe that performs deleted text begin within ordeleted text end above its range of expected performance on the
annualized three-year self-support index under section 256J.751, subdivision 2, clause (6),
deleted text begin willdeleted text end new text begin mustnew text end receive an additional allocation equal to 2.5 percent of its initial allocation; or

deleted text begin (3) a tribe that does not achieve the participation rate approved in its federal TANF
plan using the average of 12 consecutive months for the most recent year for which the
measurements are available, will not receive an additional allocation equal to 2.5 percent
of its initial allocation until after negotiating a multiyear improvement plan with the
commissioner; or
 deleted text end

deleted text begin (4)deleted text end new text begin (2)new text end a tribe that deleted text begin does not perform within or abovedeleted text end new text begin performs belownew text end its range of
expected performance on the annualized three-year self-support index under section
256J.751, subdivision 2, clause (6), deleted text begin will not receive an additional allocation equal to
2.5 percent until after negotiatingdeleted text end new text begin for two consecutive years must negotiatenew text end a multiyear
improvement plan with the commissioner.new text begin If no improvement is shown by the end of the
multiyear plan, the tribe's allocation must be decreased by 2.5 percent. The decrease must
remain in effect until the tribe performs within or above its range of expected performance.
new text end

deleted text begin (d)deleted text end new text begin (c)new text end Funds remaining unallocated after the performance-based allocations
in paragraph deleted text begin (b)deleted text end new text begin (a)new text end are available to the commissioner for innovation projects under
subdivision 5.

deleted text begin (1)deleted text end new text begin (d)new text end If available funds are insufficient to meet county and tribal allocations under
deleted text begin paragraphdeleted text end new text begin paragraphs (a) andnew text end (b), the commissioner deleted text begin may make available for allocation
funds that are unobligated and available from the innovation projects through the end of
the current bienniumdeleted text end new text begin shall proportionally prorate funds to counties and tribes that qualify
for a bonus under paragraphs (a), clause (1), and (b), clause (2)new text end .

deleted text begin (2) If after the application of clause (1) funds remain insufficient to meet county and
tribal allocations under paragraph (b), the commissioner must proportionally reduce the
allocation of each county and tribe with respect to their maximum allocation available
under paragraph (b).
 deleted text end

Sec. 32.

new text begin [256J.78] TANF DEMONSTRATION PROJECTS OR WAIVER FROM
FEDERAL RULES AND REGULATIONS.
 new text end

new text begin Subdivision 1. new text end

new text begin Duties of the commissioner. new text end

new text begin The commissioner of human services
may pursue TANF demonstration projects or waivers of TANF requirements from the
United States Department of Health and Human Services as needed to allow the state to
build a more results-oriented Minnesota Family Investment Program to better meet the
needs of Minnesota families.
 new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the TANF demonstration projects or waivers is to:
 new text end

new text begin (1) replace the federal TANF process measure and its complex administrative
requirements with state-developed outcomes measures that track adult employment and
exits from MFIP cash assistance;
 new text end

new text begin (2) simplify programmatic and administrative requirements; and
 new text end

new text begin (3) make other policy or programmatic changes that improve the performance of the
program and the outcomes for participants.
 new text end

new text begin Subd. 3. new text end

new text begin Report to legislature. new text end

new text begin The commissioner shall report to the members of
the legislative committees having jurisdiction over human services issues by March 1,
2014, regarding the progress of this waiver or demonstration project.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 33.

new text begin [256N.001] CITATION.
 new text end

new text begin Sections 256N.001 to 256N.28 may be cited as the "Northstar Care for Children Act."
Sections 256N.001 to 256N.28 establish Northstar Care for Children, which authorizes
certain benefits to support a child in need who is served by the Minnesota child welfare
system and who is the responsibility of the state, local county social service agencies, or
tribal social service agencies authorized under section 256.01, subdivision 14b, or are
otherwise eligible for federal adoption assistance. A child eligible under this chapter
has experienced a child welfare intervention that has resulted in the child being placed
away from the child's parents' care and is receiving foster care services consistent with
chapter 260B, 260C, or 260D, or is in the permanent care of relatives through a transfer of
permanent legal and physical custody, or in the permanent care of adoptive parents.
 new text end

Sec. 34.

new text begin [256N.01] PUBLIC POLICY.
 new text end

new text begin (a) The legislature declares that the public policy of this state is to keep children safe
from harm and to ensure that when children suffer harmful or injurious experiences in
their lives, appropriate services are immediately available to keep them safe.
 new text end

new text begin (b) Children do best in permanent, safe, nurturing homes where they can maintain
lifelong relationships with adults. Whenever safely possible, children are best served
when they can be nurtured and raised by their parents. Where services cannot be provided
to allow a child to remain safely at home, an out-of-home placement may be required.
When this occurs, reunification should be sought if it can be accomplished safely. When
it is not possible for parents to provide safety and permanency for their children, an
alternative permanent home must quickly be made available to the child, drawing from
kinship sources whenever possible.
 new text end

new text begin (c) Minnesota understands the importance of having a comprehensive approach to
temporary out-of-home care and to permanent homes for children who cannot be reunited
with their families. It is critical that stable benefits be available to caregivers to ensure
that the child's needs can be met whether the child's situation and best interests call for
temporary foster care, transfer of permanent legal and physical custody to a relative, or
adoption. Northstar Care for Children focuses on the child's needs and strengths, and
the actual level of care provided by the caregiver, without consideration for the type of
placement setting. In this way caregivers are not faced with the burden of making specific
long-term decisions based upon competing financial incentives.
 new text end

Sec. 35.

new text begin [256N.02] DEFINITIONS.
 new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 256N.001 to 256N.28, the terms
defined in this section have the meanings given them.
 new text end

new text begin Subd. 2. new text end

new text begin Adoption assistance. new text end

new text begin "Adoption assistance" means medical coverage as
allowable under section 256B.055 and reimbursement of nonrecurring expenses associated
with adoption and may include financial support provided under agreement with the
financially responsible agency, the commissioner, and the parents of an adoptive child
whose special needs would otherwise make it difficult to place the child for adoption to
assist with the cost of caring for the child. Financial support may include a basic rate
payment and a supplemental difficulty of care rate.
 new text end

new text begin Subd. 3. new text end

new text begin Assessment. new text end

new text begin "Assessment" means the process under section 256N.24 that
determines the benefits an eligible child may receive under section 256N.26.
 new text end

new text begin Subd. 4. new text end

new text begin At-risk child. new text end

new text begin "At-risk child" means a child who does not have a
documented disability but who is at risk of developing a physical, mental, emotional, or
behavioral disability based on being related within the first or second degree to persons
who have an inheritable physical, mental, emotional, or behavioral disabling condition,
or from a background which has the potential to cause the child to develop a physical,
mental, emotional, or behavioral disability that the child is at risk of developing. The
disability must manifest during childhood.
 new text end

new text begin Subd. 5. new text end

new text begin Basic rate. new text end

new text begin "Basic rate" means the maintenance payment made on behalf
of a child to support the costs caregivers incur to provide for a child's needs consistent with
the care parents customarily provide, including: food, clothing, shelter, daily supervision,
school supplies, and a child's personal incidentals. It also supports typical travel to the
child's home for visitation, and reasonable travel for the child to remain in the school in
which the child is enrolled at the time of placement.
 new text end

new text begin Subd. 6. new text end

new text begin Caregiver. new text end

new text begin "Caregiver" means the foster parent or parents of a child in
foster care who meet the requirements of emergency relative placement, licensed foster
parents under chapter 245A, or foster parents licensed or approved by a tribe; the relative
custodian or custodians; or the adoptive parent or parents who have legally adopted a child.
 new text end

new text begin Subd. 7. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human
services or any employee of the Department of Human Services to whom the
commissioner has delegated appropriate authority.
 new text end

new text begin Subd. 8. new text end

new text begin County board. new text end

new text begin "County board" means the board of county commissioners
in each county.
 new text end

new text begin Subd. 9. new text end

new text begin Disability. new text end

new text begin "Disability" means a physical, mental, emotional, or behavioral
impairment that substantially limits one or more major life activities. Major life activities
include, but are not limited to: thinking, walking, hearing, breathing, working, seeing,
speaking, communicating, learning, developing and maintaining healthy relationships,
safely caring for oneself, and performing manual tasks. The nature, duration, and severity
of the impairment must be considered in determining if the limitation is substantial.
 new text end

new text begin Subd. 10. new text end

new text begin Financially responsible agency. new text end

new text begin "Financially responsible agency" means
the agency that is financially responsible for a child. These agencies include both local
social service agencies under section 393.07 and tribal social service agencies authorized
in section 256.01, subdivision 14b, as part of the American Indian Child Welfare Initiative,
and Minnesota tribes who assume financial responsibility of children from other states.
Under Northstar Care for Children, the agency that is financially responsible at the time of
placement for foster care continues to be responsible under section 256N.27 for the local
share of any maintenance payments, even after finalization of the adoption of transfer of
permanent legal and physical custody of a child.
 new text end

new text begin Subd. 11. new text end

new text begin Guardianship assistance. new text end

new text begin "Guardianship assistance" means medical
coverage, as allowable under section 256B.055, and reimbursement of nonrecurring
expenses associated with obtaining permanent legal and physical custody of a child, and
may include financial support provided under agreement with the financially responsible
agency, the commissioner, and the relative who has received a transfer of permanent legal
and physical custody of a child. Financial support may include a basic rate payment and a
supplemental difficulty of care rate to assist with the cost of caring for the child.
 new text end

new text begin Subd. 12. new text end

new text begin Human services board. new text end

new text begin "Human services board" means a board
established under section 402.02; Laws 1974, chapter 293; or Laws 1976, chapter 340.
 new text end

new text begin Subd. 13. new text end

new text begin Initial assessment. new text end

new text begin "Initial assessment" means the assessment conducted
within the first 30 days of a child's initial placement into foster care under section
256N.24, subdivisions 4 and 5.
 new text end

new text begin Subd. 14. new text end

new text begin Legally responsible agency. new text end

new text begin "Legally responsible agency" means the
Minnesota agency that is assigned responsibility for placement, care, and supervision
of the child through a court order, voluntary placement agreement, or voluntary
relinquishment. These agencies include local social service agencies under section 393.07,
tribal social service agencies authorized in section 256.01, subdivision 14b, and Minnesota
tribes that assume court jurisdiction when legal responsibility is transferred to the tribal
social service agency through a Minnesota district court order. A Minnesota local social
service agency is otherwise financially responsible.
 new text end

new text begin Subd. 15. new text end

new text begin Maintenance payments. new text end

new text begin "Maintenance payments" means the basic
rate plus any supplemental difficulty of care rate under Northstar Care for Children. It
specifically does not include the cost of initial clothing allowance, payment for social
services, or administrative payments to a child-placing agency. Payments are paid
consistent with section 256N.26.
 new text end

new text begin Subd. 16. new text end

new text begin Permanent legal and physical custody. new text end

new text begin "Permanent legal and physical
custody" means a transfer of permanent legal and physical custody to a relative ordered by
a Minnesota juvenile court under section 260C.515, subdivision 4, or for a child under
jurisdiction of a tribal court, a judicial determination under a similar provision in tribal
code which means that a relative will assume the duty and authority to provide care,
control, and protection of a child who is residing in foster care, and to make decisions
regarding the child's education, health care, and general welfare until adulthood.
 new text end

new text begin Subd. 17. new text end

new text begin Reassessment. new text end

new text begin "Reassessment" means an update of a previous assessment
through the process under section 256N.24 for a child who has been continuously eligible
for Northstar Care for Children, or when a child identified as an at-risk child (Level A)
under guardianship or adoption assistance has manifested the disability upon which
eligibility for the agreement was based according to section 256N.25, subdivision 3,
paragraph (b). A reassessment may be used to update an initial assessment, a special
assessment, or a previous reassessment.
 new text end

new text begin Subd. 18. new text end

new text begin Relative. new text end

new text begin "Relative," as described in section 260C.007, subdivision 27,
means a person related to the child by blood, marriage, or adoption, or an individual who
is an important friend with whom the child has resided or had significant contact. For an
Indian child, relative includes members of the extended family as defined by the law or
custom of the Indian child's tribe or, in the absence of law or custom, nieces, nephews,
or first or second cousins, as provided in the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1903.
 new text end

new text begin Subd. 19. new text end

new text begin Relative custodian. new text end

new text begin "Relative custodian" means a person to whom
permanent legal and physical custody of a child has been transferred under section
260C.515, subdivision 4, or for a child under jurisdiction of a tribal court, a judicial
determination under a similar provision in tribal code, which means that a relative will
assume the duty and authority to provide care, control, and protection of a child who is
residing in foster care, and to make decisions regarding the child's education, health
care, and general welfare until adulthood.
 new text end

new text begin Subd. 20. new text end

new text begin Special assessment. new text end

new text begin "Special assessment" means an assessment
performed under section 256N.24 that determines the benefits that an eligible child may
receive under section 256N.26 at the time when a special assessment is required. A special
assessment is used in the following circumstances when a child's status within Northstar
Care is shifted from a pre-Northstar Care program into Northstar Care for Children when
the commissioner determines that a special assessment is appropriate instead of assigning
the transition child to a level under section 256N.28.
 new text end

new text begin Subd. 21. new text end

new text begin Supplemental difficulty of care rate. new text end

new text begin "Supplemental difficulty of care
rate" means the supplemental payment under section 256N.26, if any, as determined by
the financially responsible agency or the state, based upon an assessment under section
256N.24. The rate must support activities consistent with the care a parent provides a child
with special needs and not the equivalent of a purchased service. The rate must consider
the capacity and intensity of the activities associated with parenting duties provided in
the home to nurture the child, preserve the child's connections, and support the child's
functioning in the home and community.
 new text end

Sec. 36.

new text begin [256N.20] NORTHSTAR CARE FOR CHILDREN; GENERALLY.
 new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin A child is eligible for Northstar Care for Children if
the child is eligible for:
 new text end

new text begin (1) foster care under section 256N.21;
 new text end

new text begin (2) guardianship assistance under section 256N.22; or
 new text end

new text begin (3) adoption assistance under section 256N.23.
 new text end

new text begin Subd. 2. new text end

new text begin Assessments. new text end

new text begin Except as otherwise specified, a child eligible for Northstar
Care for Children shall receive an assessment under section 256N.24.
 new text end

new text begin Subd. 3. new text end

new text begin Agreements. new text end

new text begin When a child is eligible for guardianship assistance or
adoption assistance, negotiations with caregivers and the development of a written,
binding agreement must be conducted under section 256N.25.
 new text end

new text begin Subd. 4. new text end

new text begin Benefits and payments. new text end

new text begin A child eligible for Northstar Care for Children is
entitled to benefits specified in section 256N.26, based primarily on assessments under
section 256N.24, and, if appropriate, negotiations and agreements under section 256N.25.
Although paid to the caregiver, these benefits must be considered benefits of the child
rather than of the caregiver.
 new text end

new text begin Subd. 5. new text end

new text begin Federal, state, and local shares. new text end

new text begin The cost of Northstar Care for Children
must be shared among the federal government, state, counties of financial responsibility,
and certain tribes as specified in section 256N.27.
 new text end

new text begin Subd. 6. new text end

new text begin Administration and appeals. new text end

new text begin The commissioner and financially
responsible agency, or other agency designated by the commissioner, shall administer
Northstar Care for Children according to section 256N.28. The notification and fair
hearing process applicable to this chapter is defined in section 256N.28.
 new text end

new text begin Subd. 7. new text end

new text begin Transition. new text end

new text begin A child in foster care, relative custody assistance, or adoption
assistance prior to January 1, 2015, who remains with the same caregivers continues
to receive benefits under programs preceding Northstar Care for Children, unless the
child moves to a new foster care placement, permanency is obtained for the child, or the
commissioner initiates transition of a child receiving pre-Northstar Care for Children
relative custody assistance, guardianship assistance, or adoption assistance under this
chapter. Provisions for the transition to Northstar Care for Children for certain children in
preceding programs are specified in section 256N.28, subdivisions 2 and 7. Additional
provisions for children in: foster care are specified in section 256N.21, subdivision
6; relative custody assistance under section 257.85 are specified in section 256N.22,
subdivision 12; and adoption assistance under chapter 259A are specified in section
256N.23, subdivision 13.
 new text end

Sec. 37.

new text begin [256N.21] ELIGIBILITY FOR FOSTER CARE BENEFITS.
 new text end

new text begin Subdivision 1. new text end

new text begin General eligibility requirements. new text end

new text begin (a) A child is eligible for foster
care benefits under this section if the child meets the requirements of subdivision 2 on
or after January 1, 2015.
 new text end

new text begin (b) The financially responsible agency shall make a title IV-E eligibility determination
for all foster children meeting the requirements of subdivision 2, provided the agency has
such authority under the state title IV-E plan. To be eligible for title IV-E foster care, a child
must also meet any additional criteria specified in section 472 of the Social Security Act.
 new text end

new text begin (c) Except as provided under section 256N.26, subdivision 1 or 6, the foster care
benefit to the child under this section must be determined under sections 256N.24 and
256N.26 through an individual assessment. Information from this assessment must be
used to determine a potential future benefit under guardianship assistance or adoption
assistance, if needed.
 new text end

new text begin (d) When a child is eligible for additional services, subdivisions 3 and 4 govern
the co-occurrence of program eligibility.
 new text end

new text begin Subd. 2. new text end

new text begin Placement in foster care. new text end

new text begin To be eligible for foster care benefits under this
section, the child must be in placement away from the child's legal parent or guardian and
all of the following criteria must be met:
 new text end

new text begin (1) the legally responsible agency must have placement authority and care
responsibility, including for a child 18 years old or older and under age 21, who maintains
eligibility for foster care consistent with section 260C.451;
 new text end

new text begin (2) the legally responsible agency must have authority to place the child with a
voluntary placement agreement or a court order, consistent with sections 260B.198,
260C.001, 260D.01, or continued eligibility consistent with section 260C.451; and
 new text end

new text begin (3) the child must be placed in an emergency relative placement under section
245A.035, a licensed foster family setting, foster residence setting, or treatment foster
care setting licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, a family
foster home licensed or approved by a tribal agency or, for a child 18 years old or older
and under age 21, an unlicensed supervised independent living setting approved by the
agency responsible for the youth's care.
 new text end

new text begin Subd. 3. new text end

new text begin Minor parent. new text end

new text begin A child who is a minor parent in placement with the minor
parent's child in the same home is eligible for foster care benefits under this section. The
foster care benefit is limited to the minor parent, unless the legally responsible agency has
separate legal authority for placement of the minor parent's child.
 new text end

new text begin Subd. 4. new text end

new text begin Foster children ages 18 up to 21 placed in an unlicensed supervised
independent living setting. new text end

new text begin A foster child 18 years old or older and under age 21 who
maintains eligibility consistent with section 260C.451 and who is placed in an unlicensed
supervised independent living setting shall receive the level of benefit under section
256N.26.
 new text end

new text begin Subd. 5. new text end

new text begin Excluded activities. new text end

new text begin The basic and supplemental difficulty of care
payment represents costs for activities similar in nature to those expected of parents,
and does not cover services rendered by the licensed or tribally approved foster parent,
facility, or administrative costs or fees. The financially responsible agency may pay an
additional fee for specific services provided by the licensed foster parent or facility. A
foster parent or residence setting must distinguish such a service from the daily care of the
child as assessed through the process under section 256N.24.
 new text end

new text begin Subd. 6. new text end

new text begin Transition from pre-Northstar Care for Children program. new text end

new text begin (a) Section
256.82 establishes the pre-Northstar Care for Children foster care program for all children
residing in family foster care on December 31, 2014. Unless transitioned under paragraph
(b), a child in foster care with the same caregiver receives benefits under this pre-Northstar
Care for Children foster care program.
 new text end

new text begin (b) Transition from the pre-Northstar Care for Children foster care program to
Northstar Care for Children takes place on or after January 1, 2015, when the child:
 new text end

new text begin (1) moves to a different foster home or unlicensed supervised independent living
setting;
 new text end

new text begin (2) has permanent legal and physical custody transferred and, if applicable, meets
eligibility requirements in section 256N.22;
 new text end

new text begin (3) is adopted and, if applicable, meets eligibility requirements in section 256N.23; or
 new text end

new text begin (4) re-enters foster care after reunification or a trial home visit.
 new text end

new text begin (c) Upon becoming eligible, a foster child must be assessed according to section
256N.24 and then transitioned into Northstar Care for Children according to section
256N.28.
 new text end

Sec. 38.

new text begin [256N.22] GUARDIANSHIP ASSISTANCE ELIGIBILITY.
 new text end

new text begin Subdivision 1. new text end

new text begin General eligibility requirements. new text end

new text begin (a) To be eligible for the
guardianship assistance under this section, there must be a judicial determination under
section 260C.515, subdivision 4, that a transfer of permanent legal and physical custody to
a relative is in the child's best interest. For a child under jurisdiction of a tribal court, a
judicial determination under a similar provision in tribal code indicating that a relative
will assume the duty and authority to provide care, control, and protection of a child who
is residing in foster care, and to make decisions regarding the child's education, health
care, and general welfare until adulthood, and that this is in the child's best interest is
considered equivalent. Additionally, a child must:
 new text end

new text begin (1) have been removed from the child's home pursuant to a voluntary placement
agreement or court order;
 new text end

new text begin (2)(i) have resided in foster care for at least six consecutive months in the home
of the prospective relative custodian; or
 new text end

new text begin (ii) have received an exemption from the requirement in item (i) from the court
based on a determination that:
 new text end

new text begin (A) an expedited move to permanency is in the child's best interest;
 new text end

new text begin (B) expedited permanency cannot be completed without provision of guardianship
assistance; and
 new text end

new text begin (C) the prospective relative custodian is uniquely qualified to meet the child's needs
on a permanent basis;
 new text end

new text begin (3) meet the agency determinations regarding permanency requirements in
subdivision 2;
 new text end

new text begin (4) meet the applicable citizenship and immigration requirements in subdivision
3; and
 new text end

new text begin (5) have been consulted regarding the proposed transfer of permanent legal and
physical custody to a relative, if the child is at least 14 years of age or is expected to attain
14 years of age prior to the transfer of permanent legal and physical custody; and
 new text end

new text begin (6) have a written, binding agreement under section 256N.25 among the caregiver or
caregivers, the financially responsible agency, and the commissioner established prior to
transfer of permanent legal and physical custody.
 new text end

new text begin (b) In addition to the requirements in paragraph (a), the child's prospective relative
custodian or custodians must meet the applicable background study requirements in
subdivision 4.
 new text end

new text begin (c) To be eligible for title IV-E guardianship assistance, a child must also meet any
additional criteria in section 473(d) of the Social Security Act. The sibling of a child
who meets the criteria for title IV-E guardianship assistance in section 473(d) of the
Social Security Act is eligible for title IV-E guardianship assistance if the child and
sibling are placed with the same prospective relative custodian or custodians, and the
legally responsible agency, relatives, and commissioner agree on the appropriateness of
the arrangement for the sibling. A child who meets all eligibility criteria except those
specific to title IV-E guardianship assistance is entitled to guardianship assistance paid
through funds other than title IV-E.
 new text end

new text begin Subd. 2. new text end

new text begin Agency determinations regarding permanency. new text end

new text begin (a) To be eligible for
guardianship assistance, the legally responsible agency must complete the following
determinations regarding permanency for the child prior to the transfer of permanent
legal and physical custody:
 new text end

new text begin (1) a determination that reunification and adoption are not appropriate permanency
options for the child; and
 new text end

new text begin (2) a determination that the child demonstrates a strong attachment to the prospective
relative custodian and the prospective relative custodian has a strong commitment to
caring permanently for the child.
 new text end

new text begin (b) The legally responsible agency shall document the determinations in paragraph
(a) and the supporting information for completing each determination in the case file and
make them available for review as requested by the financially responsible agency and the
commissioner during the guardianship assistance eligibility determination process.
 new text end

new text begin Subd. 3. new text end

new text begin Citizenship and immigration status. new text end

new text begin A child must be a citizen of the
United States or otherwise be eligible for federal public benefits according to the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, in order
to be eligible for guardianship assistance.
 new text end

new text begin Subd. 4. new text end

new text begin Background study. new text end

new text begin (a) A background study under section 245C.33 must
be completed on each prospective relative custodian and any other adult residing in the
home of the prospective relative custodian. A background study on the prospective
relative custodian or adult residing in the household previously completed under section
245C.04 for the purposes of foster care licensure may be used for the purposes of this
section, provided that the background study is current at the time of the application for
guardianship assistance.
 new text end

new text begin (b) If the background study reveals:
 new text end

new text begin (1) a felony conviction at any time for:
 new text end

new text begin (i) child abuse or neglect;
 new text end

new text begin (ii) spousal abuse;
 new text end

new text begin (iii) a crime against a child, including child pornography; or
 new text end

new text begin (iv) a crime involving violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery; or
 new text end

new text begin (2) a felony conviction within the past five years for:
 new text end

new text begin (i) physical assault;
 new text end

new text begin (ii) battery; or
 new text end

new text begin (iii) a drug-related offense;
 new text end

new text begin the prospective relative custodian is prohibited from receiving guardianship assistance
on behalf of an otherwise eligible child.
 new text end

new text begin Subd. 5. new text end

new text begin Responsibility for determining guardianship assistance eligibility. new text end

new text begin The
commissioner shall determine eligibility for:
 new text end

new text begin (1) a child under the legal custody or responsibility of a Minnesota county social
service agency who would otherwise remain in foster care;
 new text end

new text begin (2) a Minnesota child under tribal court jurisdiction who would otherwise remain
in foster care; and
 new text end

new text begin (3) an Indian child being placed in Minnesota who meets title IV-E eligibility defined
in section 473(d) of the Social Security Act. The agency or entity assuming responsibility
for the child is responsible for the nonfederal share of the guardianship assistance payment.
 new text end

new text begin Subd. 6. new text end

new text begin Exclusions. new text end

new text begin (a) A child with a guardianship assistance agreement under
Northstar Care for Children is not eligible for the Minnesota family investment program
child-only grant under chapter 256J.
 new text end

new text begin (b) The commissioner shall not enter into a guardianship assistance agreement with:
 new text end

new text begin (1) a child's biological parent;
 new text end

new text begin (2) an individual assuming permanent legal and physical custody of a child or the
equivalent under tribal code without involvement of the child welfare system; or
 new text end

new text begin (3) an individual assuming permanent legal and physical custody of a child who was
placed in Minnesota by another state or a tribe outside of Minnesota.
 new text end

new text begin Subd. 7. new text end

new text begin Guardianship assistance eligibility determination. new text end

new text begin The financially
responsible agency shall prepare a guardianship assistance eligibility determination
for review and final approval by the commissioner. The eligibility determination must
be completed according to requirements and procedures and on forms prescribed by
the commissioner. Supporting documentation for the eligibility determination must be
provided to the commissioner. The financially responsible agency and the commissioner
must make every effort to establish a child's eligibility for title IV-E guardianship
assistance. A child who is determined to be eligible for guardianship assistance must
have a guardianship assistance agreement negotiated on the child's behalf according to
section 256N.25.
 new text end

new text begin Subd. 8. new text end

new text begin Termination of agreement. new text end

new text begin (a) A guardianship assistance agreement must
be terminated in any of the following circumstances:
 new text end

new text begin (1) the child has attained the age of 18, or up to age 21 when the child meets a
condition for extension in subdivision 11;
 new text end

new text begin (2) the child has not attained the age of 18 years of age, but the commissioner
determines the relative custodian is no longer legally responsible for support of the child;
 new text end

new text begin (3) the commissioner determines the relative custodian is no longer providing
financial support to the child up to age 21;
 new text end

new text begin (4) the death of the child; or
 new text end

new text begin (5) the relative custodian requests in writing termination of the guardianship
assistance agreement.
 new text end

new text begin (b) A relative custodian is considered no longer legally responsible for support of
the child in any of the following circumstances:
 new text end

new text begin (1) permanent legal and physical custody or guardianship of the child is transferred
to another individual;
 new text end

new text begin (2) death of the relative custodian under subdivision 9;
 new text end

new text begin (3) child enlists in the military;
 new text end

new text begin (4) child gets married; or
 new text end

new text begin (5) child is determined an emancipated minor through legal action.
 new text end

new text begin Subd. 9. new text end

new text begin Death of relative custodian or dissolution of custody. new text end

new text begin The guardianship
assistance agreement ends upon death or dissolution of permanent legal and physical
custody of both relative custodians in the case of assignment of custody to two individuals,
or the sole relative custodian in the case of assignment of custody to one individual.
Guardianship assistance eligibility may be continued according to subdivision 10.
 new text end

new text begin Subd. 10. new text end

new text begin Assigning a child's guardianship assistance to a court-appointed
guardian or custodian. new text end

new text begin (a) Guardianship assistance may be continued with the written
consent of the commissioner to an individual who is a guardian or custodian appointed by
a court for the child upon the death of both relative custodians in the case of assignment
of custody to two individuals, or the sole relative custodian in the case of assignment
of custody to one individual, unless the child is under the custody of a county, tribal,
or child-placing agency.
 new text end

new text begin (b) Temporary assignment of guardianship assistance may be approved for a
maximum of six consecutive months from the death of the relative custodian or custodians
as provided in paragraph (a) and must adhere to the policies and procedures prescribed by
the commissioner. If a court has not appointed a permanent legal guardian or custodian
within six months, the guardianship assistance must terminate and must not be resumed.
 new text end

new text begin (c) Upon assignment of assistance payments under this subdivision, assistance must
be provided from funds other than title IV-E.
 new text end

new text begin Subd. 11. new text end

new text begin Extension of guardianship assistance after age 18. new text end

new text begin (a) Under the
circumstances outlined in paragraph (e), a child may qualify for extension of the
guardianship assistance agreement beyond the date the child attains age 18, up to the
date the child attains the age of 21.
 new text end

new text begin (b) A request for extension of the guardianship assistance agreement must be
completed in writing and submitted, including all supporting documentation, by the
relative custodian to the commissioner at least 60 calendar days prior to the date that the
current agreement will terminate.
 new text end

new text begin (c) A signed amendment to the current guardianship assistance agreement must be
fully executed between the relative custodian and the commissioner at least ten business
days prior to the termination of the current agreement. The request for extension and
the fully executed amendment must be made according to requirements and procedures
prescribed by the commissioner, including documentation of eligibility, and on forms
prescribed by the commissioner.
 new text end

new text begin (d) If an agency is certifying a child for guardianship assistance and the child will
attain the age of 18 within 60 calendar days of submission, the request for extension must
be completed in writing and submitted, including all supporting documentation, with
the guardianship assistance application.
 new text end

new text begin (e) A child who has attained the age of 16 prior to the effective date of the
guardianship assistance agreement is eligible for extension of the agreement up to the
date the child attains age 21 if the child:
 new text end

new text begin (1) is dependent on the relative custodian for care and financial support; and
 new text end

new text begin (2) meets at least one of the following conditions:
 new text end

new text begin (i) is completing a secondary education program or a program leading to an
equivalent credential;
 new text end

new text begin (ii) is enrolled in an institution which provides postsecondary or vocational education;
 new text end

new text begin (iii) is participating in a program or activity designed to promote or remove barriers
to employment;
 new text end

new text begin (iv) is employed for at least 80 hours per month; or
 new text end

new text begin (v) is incapable of doing any of the activities described in items (i) to (iv) due to
a medical condition where incapability is supported by professional documentation
according to the requirements and procedures prescribed by the commissioner.
 new text end

new text begin (f) A child who has not attained the age of 16 prior to the effective date of the
guardianship assistance agreement is eligible for extension of the guardianship assistance
agreement up to the date the child attains the age of 21 if the child is:
 new text end

new text begin (1) dependent on the relative custodian for care and financial support; and
 new text end

new text begin (2) possesses a physical or mental disability which impairs the capacity for
independent living and warrants continuation of financial assistance, as determined by
the commissioner.
 new text end

new text begin Subd. 12. new text end

new text begin Beginning guardianship assistance component of Northstar Care for
Children. new text end

new text begin Effective November 27, 2014, a child who meets the eligibility criteria for
guardianship assistance in subdivision 1 may have a guardianship assistance agreement
negotiated on the child's behalf according to section 256N.25. The effective date of the
agreement must be January 1, 2015, or the date of the court order transferring permanent
legal and physical custody, whichever is later. Except as provided under section 256N.26,
subdivision 1, paragraph (c), the rate schedule for an agreement under this subdivision
is determined under section 256N.26 based on the age of the child on the date that the
prospective relative custodian signs the agreement.
 new text end

new text begin Subd. 13. new text end

new text begin Transition to guardianship assistance under Northstar Care for
Children. new text end

new text begin The commissioner may execute guardianship assistance agreements for a child
with a relative custody agreement under section 257.85 executed on the child's behalf
on or before November 26, 2014, in accordance with the priorities outlined in section
256N.28, subdivision 7, paragraph (b). To facilitate transition into the guardianship
assistance program, the commissioner may waive any guardianship assistance eligibility
requirements for a child with a relative custody agreement under section 257.85 executed
on the child's behalf on or before November 26, 2014. Agreements negotiated under
this subdivision must be done according to the process outlined in section 256N.28,
subdivision 7. The maximum rate used in the negotiation process for an agreement under
this subdivision must be as outlined in section 256N.28, subdivision 7.
 new text end

Sec. 39.

new text begin [256N.23] ADOPTION ASSISTANCE ELIGIBILITY.
 new text end

new text begin Subdivision 1. new text end

new text begin General eligibility requirements. new text end

new text begin (a) To be eligible for adoption
assistance under this section, a child must:
 new text end

new text begin (1) be determined to be a child with special needs under subdivision 2;
 new text end

new text begin (2) meet the applicable citizenship and immigration requirements in subdivision 3;
 new text end

new text begin (3)(i) meet the criteria in section 473 of the Social Security Act; or
 new text end

new text begin (ii) have had foster care payments paid on the child's behalf while in out-of-home
placement through the county or tribe and be either under the guardianship of the
commissioner or under the jurisdiction of a Minnesota tribe and adoption, according to
tribal law, is in the child's documented permanency plan; and
 new text end

new text begin (4) have a written, binding agreement under section 256N.25 among the adoptive
parent, the financially responsible agency, or if there is no financially responsible agency,
the agency designated by the commissioner, and the commissioner established prior to
finalization of the adoption.
 new text end

new text begin (b) In addition to the requirements in paragraph (a), an eligible child's adoptive parent
or parents must meet the applicable background study requirements in subdivision 4.
 new text end

new text begin (c) A child who meets all eligibility criteria except those specific to title IV-E adoption
assistance shall receive adoption assistance paid through funds other than title IV-E.
 new text end

new text begin Subd. 2. new text end

new text begin Special needs determination. new text end

new text begin (a) A child is considered a child with
special needs under this section if the requirements in paragraphs (b) to (g) are met.
 new text end

new text begin (b) There must be a determination that the child must not or should not be returned
to the home of the child's parents as evidenced by:
 new text end

new text begin (1) a court-ordered termination of parental rights;
 new text end

new text begin (2) a petition to terminate parental rights;
 new text end

new text begin (3) consent of parent to adoption accepted by the court under chapter 260C;
 new text end

new text begin (4) in circumstances when tribal law permits the child to be adopted without a
termination of parental rights, a judicial determination by a tribal court indicating the valid
reason why the child cannot or should not return home;
 new text end

new text begin (5) a voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment
occurred in another state, the applicable laws in that state; or
 new text end

new text begin (6) the death of the legal parent or parents if the child has two legal parents.
 new text end

new text begin (c) There exists a specific factor or condition of which it is reasonable to conclude
that the child cannot be placed with adoptive parents without providing adoption
assistance as evidenced by:
 new text end

new text begin (1) a determination by the Social Security Administration that the child meets all
medical or disability requirements of title XVI of the Social Security Act with respect to
eligibility for Supplemental Security Income benefits;
 new text end

new text begin (2) a documented physical, mental, emotional, or behavioral disability not covered
under clause (1);
 new text end

new text begin (3) a member of a sibling group being adopted at the same time by the same parent;
 new text end

new text begin (4) an adoptive placement in the home of a parent who previously adopted a sibling
for whom they receive adoption assistance; or
 new text end

new text begin (5) documentation that the child is an at-risk child.
 new text end

new text begin (d) A reasonable but unsuccessful effort must have been made to place the child
with adoptive parents without providing adoption assistance as evidenced by:
 new text end

new text begin (1) a documented search for an appropriate adoptive placement; or
 new text end

new text begin (2) a determination by the commissioner that a search under clause (1) is not in the
best interests of the child.
 new text end

new text begin (e) The requirement for a documented search for an appropriate adoptive placement
under paragraph (d), including the registration of the child with the state adoption
exchange and other recruitment methods under paragraph (f), must be waived if:
 new text end

new text begin (1) the child is being adopted by a relative and it is determined by the child-placing
agency that adoption by the relative is in the best interests of the child;
 new text end

new text begin (2) the child is being adopted by a foster parent with whom the child has developed
significant emotional ties while in the foster parent's care as a foster child and it is
determined by the child-placing agency that adoption by the foster parent is in the best
interests of the child; or
 new text end

new text begin (3) the child is being adopted by a parent that previously adopted a sibling of the
child, and it is determined by the child-placing agency that adoption by this parent is
in the best interests of the child.
 new text end

new text begin For an Indian child covered by the Indian Child Welfare Act, a waiver must not be
granted unless the child-placing agency has complied with the placement preferences
required by the Indian Child Welfare Act, United States Code, title 25, section 1915(a).
 new text end

new text begin (f) To meet the requirement of a documented search for an appropriate adoptive
placement under paragraph (d), clause (1), the child-placing agency minimally must:
 new text end

new text begin (1) conduct a relative search as required by section 260C.221 and give consideration
to placement with a relative, as required by section 260C.212, subdivision 2;
 new text end

new text begin (2) comply with the placement preferences required by the Indian Child Welfare Act
when the Indian Child Welfare Act, United States Code, title 25, section 1915(a), applies;
 new text end

new text begin (3) locate prospective adoptive families by registering the child on the state adoption
exchange, as required under section 259.75; and
 new text end

new text begin (4) if registration with the state adoption exchange does not result in the identification
of an appropriate adoptive placement, the agency must employ additional recruitment
methods prescribed by the commissioner.
 new text end

new text begin (g) Once the legally responsible agency has determined that placement with an
identified parent is in the child's best interests and made full written disclosure about the
child's social and medical history, the agency must ask the prospective adoptive parent if
the prospective adoptive parent is willing to adopt the child without receiving adoption
assistance under this section. If the identified parent is either unwilling or unable to
adopt the child without adoption assistance, the legally responsible agency must provide
documentation as prescribed by the commissioner to fulfill the requirement to make a
reasonable effort to place the child without adoption assistance. If the identified parent is
willing to adopt the child without adoption assistance, the parent must provide a written
statement to this effect to the legally responsible agency and the statement must be
maintained in the permanent adoption record of the legally responsible agency. For children
under guardianship of the commissioner, the legally responsible agency shall submit a copy
of this statement to the commissioner to be maintained in the permanent adoption record.
 new text end

new text begin Subd. 3. new text end

new text begin Citizenship and immigration status. new text end

new text begin (a) A child must be a citizen of the
United States or otherwise eligible for federal public benefits according to the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, in order to
be eligible for the title IV-E adoption assistance program.
 new text end

new text begin (b) A child must be a citizen of the United States or meet the qualified alien
requirements as defined in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended, in order to be eligible for adoption assistance
paid through funds other than title IV-E.
 new text end

new text begin Subd. 4. new text end

new text begin Background study. new text end

new text begin A background study under section 259.41 must be
completed on each prospective adoptive parent. If the background study reveals:
 new text end

new text begin (1) a felony conviction at any time for:
 new text end

new text begin (i) child abuse or neglect;
 new text end

new text begin (ii) spousal abuse;
 new text end

new text begin (iii) a crime against a child, including child pornography; or
 new text end

new text begin (iv) a crime involving violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery; or
 new text end

new text begin (2) a felony conviction within the past five years for:
 new text end

new text begin (i) physical assault;
 new text end

new text begin (ii) battery; or
 new text end

new text begin (iii) a drug-related offense;
 new text end

new text begin the adoptive parent is prohibited from receiving adoption assistance on behalf of an
otherwise eligible child.
 new text end

new text begin Subd. 5. new text end

new text begin Responsibility for determining adoption assistance eligibility. new text end

new text begin The
commissioner must determine eligibility for:
 new text end

new text begin (1) a child under the guardianship of the commissioner who would otherwise remain
in foster care;
 new text end

new text begin (2) a child who is not under the guardianship of the commissioner who meets title
IV-E eligibility defined in section 473 of the Social Security Act and no state agency has
legal responsibility for placement and care of the child;
 new text end

new text begin (3) a Minnesota child under tribal jurisdiction who would otherwise remain in foster
care; and
 new text end

new text begin (4) an Indian child being placed in Minnesota who meets title IV-E eligibility defined
in section 473 of the Social Security Act. The agency or entity assuming responsibility for
the child is responsible for the nonfederal share of the adoption assistance payment.
 new text end

new text begin Subd. 6. new text end

new text begin Exclusions. new text end

new text begin The commissioner must not enter into an adoption assistance
agreement with the following individuals:
 new text end

new text begin (1) a child's biological parent or stepparent;
 new text end

new text begin (2) a child's relative under section 260C.007, subdivision 27, with whom the child
resided immediately prior to child welfare involvement unless:
 new text end

new text begin (i) the child was in the custody of a Minnesota county or tribal agency pursuant to
an order under chapter 260C or equivalent provisions of tribal code and the agency had
placement and care responsibility for permanency planning for the child; and
 new text end

new text begin (ii) the child is under guardianship of the commissioner of human services according
to the requirements of section 260C.325, subdivision 1 or 3, or is a ward of a Minnesota
tribal court after termination of parental rights, suspension of parental rights, or a finding
by the tribal court that the child cannot safely return to the care of the parent;
 new text end

new text begin (3) an individual adopting a child who is the subject of a direct adoptive placement
under section 259.47 or the equivalent in tribal code;
 new text end

new text begin (4) a child's legal custodian or guardian who is now adopting the child; or
 new text end

new text begin (5) an individual who is adopting a child who is not a citizen or resident of the
United States and was either adopted in another country or brought to the United States
for the purposes of adoption.
 new text end

new text begin Subd. 7. new text end

new text begin Adoption assistance eligibility determination. new text end

new text begin (a) The financially
responsible agency shall prepare an adoption assistance eligibility determination for
review and final approval by the commissioner. When there is no financially responsible
agency, the adoption assistance eligibility determination must be completed by the
agency designated by the commissioner. The eligibility determination must be completed
according to requirements and procedures and on forms prescribed by the commissioner.
The financially responsible agency and the commissioner shall make every effort to
establish a child's eligibility for title IV-E adoption assistance. Documentation from a
qualified expert for the eligibility determination must be provided to the commissioner
to verify that a child meets the special needs criteria in subdivision 2. A child who
is determined to be eligible for adoption assistance must have an adoption assistance
agreement negotiated on the child's behalf according to section 256N.25.
 new text end

new text begin (b) Documentation from a qualified expert of a disability is limited to evidence
deemed appropriate by the commissioner and must be submitted to the commissioner with
the eligibility determination. Examples of appropriate documentation include, but are not
limited to, medical records, psychological assessments, educational or early childhood
evaluations, court findings, and social and medical history.
 new text end

new text begin (c) Documentation that the child is at risk of developing physical, mental, emotional,
or behavioral disabilities must be submitted according to policies and procedures
prescribed by the commissioner.
 new text end

new text begin Subd. 8. new text end

new text begin Termination of agreement. new text end

new text begin (a) An adoption assistance agreement must
terminate in any of the following circumstances:
 new text end

new text begin (1) the child has attained the age of 18, or up to age 21 when the child meets a
condition for extension in subdivision 12;
 new text end

new text begin (2) the child has not attained the age of 18, but the commissioner determines the
adoptive parent is no longer legally responsible for support of the child;
 new text end

new text begin (3) the commissioner determines the adoptive parent is no longer providing financial
support to the child up to age 21;
 new text end

new text begin (4) the death of the child; or
 new text end

new text begin (5) the adoptive parent requests in writing the termination of the adoption assistance
agreement.
 new text end

new text begin (b) An adoptive parent is considered no longer legally responsible for support of the
child in any of the following circumstances:
 new text end

new text begin (1) parental rights to the child are legally terminated or a court accepted the parent's
consent to adoption under chapter 260C;
 new text end

new text begin (2) permanent legal and physical custody or guardianship of the child is transferred
to another individual;
 new text end

new text begin (3) death of the adoptive parent under subdivision 9;
 new text end

new text begin (4) the child enlists in the military;
 new text end

new text begin (5) the child gets married; or
 new text end

new text begin (6) the child is determined an emancipated minor through legal action.
 new text end

new text begin Subd. 9. new text end

new text begin Death of adoptive parent or adoption dissolution. new text end

new text begin The adoption
assistance agreement ends upon death or termination of parental rights of both adoptive
parents in the case of a two-parent adoption, or the sole adoptive parent in the case of
a single-parent adoption. The child's adoption assistance eligibility may be continued
according to subdivision 10.
 new text end

new text begin Subd. 10. new text end

new text begin Continuing a child's title IV-E adoption assistance in a subsequent
adoption. new text end

new text begin (a) The child maintains eligibility for title IV-E adoption assistance in a
subsequent adoption if the following criteria are met:
 new text end

new text begin (1) the child is determined to be a child with special needs as outlined in subdivision
2; and
 new text end

new text begin (2) the subsequent adoptive parent resides in Minnesota.
 new text end

new text begin (b) If a child had a title IV-E adoption assistance agreement in effect prior to the
death of the adoptive parent or dissolution of the adoption, and the subsequent adoptive
parent resides outside of Minnesota, the commissioner is not responsible for determining
whether the child meets the definition of special needs, entering into the adoption
assistance agreement, and making any adoption assistance payments outlined in the new
agreement unless a state agency in Minnesota has responsibility for placement and care of
the child at the time of the subsequent adoption. If there is no state agency in Minnesota
that has responsibility for placement and care of the child at the time of the subsequent
adoption, the public child welfare agency in the subsequent adoptive parent's residence is
responsible for determining whether the child meets the definition of special needs and
entering into the adoption assistance agreement.
 new text end

new text begin Subd. 11. new text end

new text begin Assigning a child's adoption assistance to a court-appointed guardian
or custodian. new text end

new text begin (a) State-funded adoption assistance may be continued with the written
consent of the commissioner to an individual who is a guardian appointed by a court for
the child upon the death of both the adoptive parents in the case of a two-parent adoption,
or the sole adoptive parent in the case of a single-parent adoption, unless the child is
under the custody of a state agency.
 new text end

new text begin (b) Temporary assignment of adoption assistance may be approved by the
commissioner for a maximum of six consecutive months from the death of the adoptive
parent or parents under subdivision 9 and must adhere to the requirements and procedures
prescribed by the commissioner. If, within six months, the child has not been adopted by a
person agreed upon by the commissioner, or a court has not appointed a permanent legal
guardian under section 260C.325, 525.5-313, or similar law of another jurisdiction, the
adoption assistance must terminate.
 new text end

new text begin (c) Upon assignment of payments under this subdivision, assistance must be from
funds other than title IV-E.
 new text end

new text begin Subd. 12. new text end

new text begin Extension of adoption assistance agreement. new text end

new text begin (a) Under certain limited
circumstances a child may qualify for extension of the adoption assistance agreement
beyond the date the child attains age 18, up to the date the child attains the age of 21.
 new text end

new text begin (b) A request for extension of the adoption assistance agreement must be completed
in writing and submitted, including all supporting documentation, by the adoptive parent
to the commissioner at least 60 calendar days prior to the date that the current agreement
will terminate.
 new text end

new text begin (c) A signed amendment to the current adoption assistance agreement must be
fully executed between the adoptive parent and the commissioner at least ten business
days prior to the termination of the current agreement. The request for extension and the
fully executed amendment must be made according to the requirements and procedures
prescribed by the commissioner, including documentation of eligibility, on forms
prescribed by the commissioner.
 new text end

new text begin (d) If an agency is certifying a child for adoption assistance and the child will attain
the age of 18 within 60 calendar days of submission, the request for extension must be
completed in writing and submitted, including all supporting documentation, with the
adoption assistance application.
 new text end

new text begin (e) A child who has attained the age of 16 prior to the finalization of the child's
adoption is eligible for extension of the adoption assistance agreement up to the date the
child attains age 21 if the child is:
 new text end

new text begin (1) dependent on the adoptive parent for care and financial support; and
 new text end

new text begin (2)(i) completing a secondary education program or a program leading to an
equivalent credential;
 new text end

new text begin (ii) enrolled in an institution that provides postsecondary or vocational education;
 new text end

new text begin (iii) participating in a program or activity designed to promote or remove barriers to
employment;
 new text end

new text begin (iv) employed for at least 80 hours per month; or
 new text end

new text begin (v) incapable of doing any of the activities described in items (i) to (iv) due to
a medical condition where incapability is supported by documentation from an expert
according to the requirements and procedures prescribed by the commissioner.
 new text end

new text begin (f) A child who has not attained the age of 16 prior to finalization of the child's
adoption is eligible for extension of the adoption assistance agreement up to the date the
child attains the age of 21 if the child is:
 new text end

new text begin (1) dependent on the adoptive parent for care and financial support; and
 new text end

new text begin (2)(i) enrolled in a secondary education program or a program leading to the
equivalent; or
 new text end

new text begin (ii) possesses a physical or mental disability that impairs the capacity for independent
living and warrants continuation of financial assistance as determined by the commissioner.
 new text end

new text begin Subd. 13. new text end

new text begin Beginning adoption assistance under Northstar Care for Children.
 new text end

new text begin Effective November 27, 2014, a child who meets the eligibility criteria for adoption
assistance in subdivision 1, may have an adoption assistance agreement negotiated on
the child's behalf according to section 256N.25, and the effective date of the agreement
must be January 1, 2015, or the date of the court order finalizing the adoption, whichever
is later. Except as provided under section 256N.26, subdivision 1, paragraph (c), the
maximum rate schedule for the agreement must be determined according to section
256N.26 based on the age of the child on the date that the prospective adoptive parent or
parents sign the agreement.
 new text end

new text begin Subd. 14. new text end

new text begin Transition to adoption assistance under Northstar Care for Children.
 new text end

new text begin The commissioner may offer adoption assistance agreements under this chapter to a
child with an adoption assistance agreement under chapter 259A executed on the child's
behalf on or before November 26, 2014, according to the priorities outlined in section
256N.28, subdivision 7, paragraph (b). To facilitate transition into the Northstar Care for
Children adoption assistance program, the commissioner has the authority to waive any
Northstar Care for Children adoption assistance eligibility requirements for a child with
an adoption assistance agreement under chapter 259A executed on the child's behalf on
or before November 26, 2014. Agreements negotiated under this subdivision must be in
accordance with the process in section 256N.28, subdivision 7. The maximum rate used in
the negotiation process for an agreement under this subdivision must be as outlined in
section 256N.28, subdivision 7.
 new text end

Sec. 40.

new text begin [256N.24] ASSESSMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Assessment. new text end

new text begin (a) Each child eligible under sections 256N.21,
256N.22, and 256N.23, must be assessed to determine the benefits the child may receive
under section 256N.26, in accordance with the assessment tool, process, and requirements
specified in subdivision 2.
 new text end

new text begin (b) If an agency applies the emergency foster care rate for initial placement under
section 256N.26, the agency may wait up to 30 days to complete the initial assessment.
 new text end

new text begin (c) Unless otherwise specified in paragraph (d), a child must be assessed at the basic
level, level B, or one of ten supplemental difficulty of care levels, levels C to L.
 new text end

new text begin (d) An assessment must not be completed for:
 new text end

new text begin (1) a child eligible for guardianship assistance under section 256N.22 or adoption
assistance under section 256N.23 who is determined to be an at-risk child. A child under
this clause must be assigned level A under section 256N.26, subdivision 1; and
 new text end

new text begin (2) a child transitioning into Northstar Care for Children under section 256N.28,
subdivision 7, unless the commissioner determines an assessment is appropriate.
 new text end

new text begin Subd. 2. new text end

new text begin Establishment of assessment tool, process, and requirements. new text end

new text begin Consistent
with sections 256N.001 to 256N.28, the commissioner shall establish an assessment tool
to determine the basic and supplemental difficulty of care, and shall establish the process
to be followed and other requirements, including appropriate documentation, when
conducting the initial assessment of a child entering Northstar Care for Children or when
the special assessment and reassessments may be needed for children continuing in the
program. The assessment tool must take into consideration the strengths and needs of the
child and the extra parenting provided by the caregiver to meet the child's needs.
 new text end

new text begin Subd. 3. new text end

new text begin Child care allowance portion of assessment. new text end

new text begin (a) The assessment tool
established under subdivision 2 must include consideration of the caregiver's need for
child care under this subdivision, with greater consideration for children of younger ages.
 new text end

new text begin (b) The child's assessment must include consideration of the caregiver's need for
child care if the following criteria are met:
 new text end

new text begin (1) the child is under age 13;
 new text end

new text begin (2) all available adult caregivers are employed or attending educational or vocational
training programs;
 new text end

new text begin (3) the caregiver does not receive child care assistance for the child under chapter
119B.
 new text end

new text begin (c) For children younger than seven years of age, the level determined by the
non-child care portions of the assessment must be adjusted based on the average number
of hours child care is needed each week due to employment or attending a training or
educational program as follows:
 new text end

new text begin (1) fewer than ten hours or if the caregiver is participating in the child care assistance
program under chapter 119B, no adjustment;
 new text end

new text begin (2) ten to 19 hours or if needed during school summer vacation or equivalent only,
increase one level;
 new text end

new text begin (3) 20 to 29 hours, increase two levels;
 new text end

new text begin (4) 30 to 39 hours, increase three levels; and
 new text end

new text begin (5) 40 or more hours, increase four levels.
 new text end

new text begin (d) For children at least seven years of age but younger than 13, the level determined
by the non-child care portions of the assessment must be adjusted based on the average
number of hours child care is needed each week due to employment or attending a training
or educational program as follows:
 new text end

new text begin (1) fewer than 20 hours, needed during school summer vacation or equivalent only,
or if the caregiver is participating in the child care assistance program under chapter
119B, no adjustment;
 new text end

new text begin (2) 20 to 39 hours, increase one level; and
 new text end

new text begin (3) 40 or more hours, increase two levels.
 new text end

new text begin (e) When the child attains the age of seven, the child care allowance must be reduced
by reducing the level to that available under paragraph (d). For children in foster care,
benefits under section 256N.26 must be automatically reduced when the child turns seven.
For children who receive guardianship assistance or adoption assistance, agreements must
include similar provisions to ensure that the benefit provided to these children does not
exceed the benefit provided to children in foster care.
 new text end

new text begin (f) When the child attains the age of 13, the child care allowance must be eliminated
by reducing the level to that available prior to any consideration of the caregiver's need
for child care. For children in foster care, benefits under section 256N.26 must be
automatically reduced when the child attains the age of 13. For children who receive
guardianship assistance or adoption assistance, agreements must include similar provisions
to ensure that the benefit provided to these children does not exceed the benefit provided
to children in foster care.
 new text end

new text begin (g) The child care allowance under this subdivision is not available to caregivers
who receive the child care assistance under chapter 119B. A caregiver receiving a child
care allowance under this subdivision must notify the commissioner if the caregiver
subsequently receives the child care assistance program under chapter 119B, and the
level must be reduced to that available prior to any consideration of the caregiver's need
for child care.
 new text end

new text begin (h) In establishing the assessment tool under subdivision 2, the commissioner must
design the tool so that the levels applicable to the non-child care portions of the assessment
at a given age accommodate the requirements of this subdivision.
 new text end

new text begin Subd. 4. new text end

new text begin Timing of initial assessment. new text end

new text begin For a child entering Northstar Care for
Children under section 256N.21, the initial assessment must be completed within 30
days after the child is placed in foster care.
 new text end

new text begin Subd. 5. new text end

new text begin Completion of initial assessment. new text end

new text begin (a) The assessment must be completed
in consultation with the child's caregiver. Face-to-face contact with the caregiver is not
required to complete the assessment.
 new text end

new text begin (b) Initial assessments are completed for foster children, eligible under section
256N.21.
 new text end

new text begin (c) The initial assessment must be completed by the financially responsible agency,
in consultation with the legally responsible agency if different, within 30 days of the
child's placement in foster care.
 new text end

new text begin (d) If the foster parent is unable or unwilling to cooperate with the assessment process,
the child shall be assigned the basic level, level B under section 256N.26, subdivision 3.
 new text end

new text begin (e) Notice to the foster parent shall be provided as specified in subdivision 12.
 new text end

new text begin Subd. 6. new text end

new text begin Timing of special assessment. new text end

new text begin (a) A special assessment is required as part
of the negotiation of the guardianship assistance agreement under section 256N.22 if:
 new text end

new text begin (1) the child was not placed in foster care with the prospective relative custodian
or custodians prior to the negotiation of the guardianship assistance agreement under
section 256N.25; or
 new text end

new text begin (2) any requirement for reassessment under subdivision 8 is met.
 new text end

new text begin (b) A special assessment is required as part of the negotiation of the adoption
assistance agreement under section 256N.23 if:
 new text end

new text begin (1) the child was not placed in foster care with the prospective adoptive parent
or parents prior to the negotiation of the adoption assistance agreement under section
256N.25; or
 new text end

new text begin (2) any requirement for reassessment under subdivision 8 is met.
 new text end

new text begin (c) A special assessment is required when a child transitions from a pre-Northstar
Care for Children program into Northstar Care for Children if the commissioner
determines that a special assessment is appropriate instead of assigning the transition child
to a level under section 256N.28.
 new text end

new text begin (d) The special assessment must be completed prior to the establishment of a
guardianship assistance or adoption assistance agreement on behalf of the child.
 new text end

new text begin Subd. 7. new text end

new text begin Completing the special assessment. new text end

new text begin (a) The special assessment must
be completed in consultation with the child's caregiver. Face-to-face contact with the
caregiver is not required to complete the special assessment.
 new text end

new text begin (b) If a new special assessment is required prior to the effective date of the
guardianship assistance agreement, it must be completed by the financially responsible
agency, in consultation with the legally responsible agency if different. If the prospective
relative custodian is unable or unwilling to cooperate with the special assessment process,
the child shall be assigned the basic level, level B under section 256N.26, subdivision 3,
unless the child is known to be an at-risk child, in which case, the child shall be assigned
level A under section 256N.26, subdivision 1.
 new text end

new text begin (c) If a special assessment is required prior to the effective date of the adoption
assistance agreement, it must be completed by the financially responsible agency, in
consultation with the legally responsible agency if different. If there is no financially
responsible agency, the special assessment must be completed by the agency designated by
the commissioner. If the prospective adoptive parent is unable or unwilling to cooperate
with the special assessment process, the child must be assigned the basic level, level B
under section 256N.26, subdivision 3, unless the child is known to be an at-risk child, in
which case, the child shall be assigned level A under section 256N.26, subdivision 1.
 new text end

new text begin (d) Notice to the prospective relative custodians or prospective adoptive parents
must be provided as specified in subdivision 12.
 new text end

new text begin Subd. 8. new text end

new text begin Timing of and requests for reassessments. new text end

new text begin Reassessments for an eligible
child must be completed within 30 days of any of the following events:
 new text end

new text begin (1) for a child in continuous foster care, when six months have elapsed since
completion of the last assessment;
 new text end

new text begin (2) for a child in continuous foster care, change of placement location;
 new text end

new text begin (3) for a child in foster care, at the request of the financially responsible agency or
legally responsible agency;
 new text end

new text begin (4) at the request of the commissioner; or
 new text end

new text begin (5) at the request of the caregiver under subdivision 9.
 new text end

new text begin Subd. 9. new text end

new text begin Caregiver requests for reassessments. new text end

new text begin (a) A caregiver may initiate
a reassessment request for an eligible child in writing to the financially responsible
agency or, if there is no financially responsible agency, the agency designated by the
commissioner. The written request must include the reason for the request and the
name, address, and contact information of the caregivers. For an eligible child with a
guardianship assistance or adoption assistance agreement, the caregiver may request a
reassessment if at least six months have elapsed since any previously requested review.
For an eligible foster child, a foster parent may request reassessment in less than six
months with written documentation that there have been significant changes in the child's
needs that necessitate an earlier reassessment.
 new text end

new text begin (b) A caregiver may request a reassessment of an at-risk child for whom a
guardianship assistance or adoption assistance agreement has been executed if the
caregiver has satisfied the commissioner with written documentation from a qualified
expert that the potential disability upon which eligibility for the agreement was based has
manifested itself, consistent with section 256N.25, subdivision 3, paragraph (b).
 new text end

new text begin (c) If the reassessment cannot be completed within 30 days of the caregiver's request,
the agency responsible for reassessment must notify the caregiver of the reason for the
delay and a reasonable estimate of when the reassessment can be completed.
 new text end

new text begin Subd. 10. new text end

new text begin Completion of reassessment. new text end

new text begin (a) The reassessment must be completed
in consultation with the child's caregiver. Face-to-face contact with the caregiver is not
required to complete the reassessment.
 new text end

new text begin (b) For foster children eligible under section 256N.21, reassessments must be
completed by the financially responsible agency, in consultation with the legally
responsible agency if different.
 new text end

new text begin (c) If reassessment is required after the effective date of the guardianship assistance
agreement, the reassessment must be completed by the financially responsible agency.
 new text end

new text begin (d) If a reassessment is required after the effective date of the adoption assistance
agreement, it must be completed by the financially responsible agency or, if there is no
financially responsible agency, the agency designated by the commissioner.
 new text end

new text begin (e) If the child's caregiver is unable or unwilling to cooperate with the reassessment,
the child must be assessed at level B under section 256N.26, subdivision 3, unless the
child has an adoption assistance or guardianship assistance agreement in place and is
known to be an at-risk child, in which case the child must be assessed at level A under
section 256N.26, subdivision 1.
 new text end

new text begin Subd. 11. new text end

new text begin Approval of initial assessments, special assessments, and
reassessments. new text end

new text begin (a) Any agency completing initial assessments, special assessments, or
reassessments must designate one or more supervisors or other staff to examine and approve
assessments completed by others in the agency under subdivision 2. The person approving
an assessment must not be the case manager or staff member completing that assessment.
 new text end

new text begin (b) In cases where a special assessment or reassessment for guardian assistance
and adoption assistance is required under subdivision 7 or 10, the commissioner shall
review and approve the assessment as part of the eligibility determination process outlined
in section 256N.22, subdivision 7, for guardianship assistance, or section 256N.23,
subdivision 7, for adoption assistance. The assessment determines the maximum for the
negotiated agreement amount under section 256N.25.
 new text end

new text begin (c) The new rate is effective the calendar month that the assessment is approved,
or the effective date of the agreement, whichever is later.
 new text end

new text begin Subd. 12. new text end

new text begin Notice for caregiver. new text end

new text begin (a) The agency as defined in subdivision 5 or 10
that is responsible for completing the initial assessment or reassessment must provide the
child's caregiver with written notice of the initial assessment or reassessment.
 new text end

new text begin (b) Initial assessment notices must be sent within 15 days of completion of the initial
assessment and must minimally include the following:
 new text end

new text begin (1) a summary of the child's completed individual assessment used to determine the
initial rating;
 new text end

new text begin (2) statement of rating and benefit level;
 new text end

new text begin (3) statement of the circumstances under which the agency must reassess the child;
 new text end

new text begin (4) procedure to seek reassessment;
 new text end

new text begin (5) notice that the caregiver has the right to a fair hearing review of the assessment
and how to request a fair hearing, consistent with section 256.045, subdivision 3; and
 new text end

new text begin (6) the name, telephone number, and e-mail, if available, of a contact person at the
agency completing the assessment.
 new text end

new text begin (c) Reassessment notices must be sent within 15 days after the completion of the
reassessment and must minimally include the following:
 new text end

new text begin (1) a summary of the child's individual assessment used to determine the new rating;
 new text end

new text begin (2) any change in rating and its effective date;
 new text end

new text begin (3) procedure to seek reassessment;
 new text end

new text begin (4) notice that if a change in rating results in a reduction of benefits, the caregiver
has the right to a fair hearing review of the assessment and how to request a fair hearing
consistent with section 256.045, subdivision 3;
 new text end

new text begin (5) notice that a caregiver who requests a fair hearing of the reassessed rating within
ten days may continue at the current rate pending the hearing, but the agency may recover
any overpayment; and
new text end

new text begin (6) name, telephone number, and e-mail, if available, of a contact person at the
agency completing the reassessment.
 new text end

new text begin (d) Notice is not required for special assessments since the notice is part of the
guardianship assistance or adoption assistance negotiated agreement completed according
to section 256N.25.
 new text end

new text begin Subd. 13. new text end

new text begin Assessment tool determines rate of benefits. new text end

new text begin The assessment tool
established by the commissioner in subdivision 2 determines the monthly benefit level
for children in foster care. The monthly payment for guardian assistance or adoption
assistance may be negotiated up to the monthly benefit level under foster care for those
children eligible for a payment under section 256N.26, subdivision 1.
 new text end

Sec. 41.

new text begin [256N.25] AGREEMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Agreement; guardianship assistance; adoption assistance. new text end

new text begin (a)
In order to receive guardianship assistance or adoption assistance benefits on behalf of
an eligible child, a written, binding agreement between the caregiver or caregivers, the
financially responsible agency, or, if there is no financially responsible agency, the agency
designated by the commissioner, and the commissioner must be established prior to
finalization of the adoption or a transfer of permanent legal and physical custody. The
agreement must be negotiated with the caregiver or caregivers under subdivision 2.
 new text end

new text begin (b) The agreement must be on a form approved by the commissioner and must
specify the following:
 new text end

new text begin (1) duration of the agreement;
 new text end

new text begin (2) the nature and amount of any payment, services, and assistance to be provided
under such agreement;
 new text end

new text begin (3) the child's eligibility for Medicaid services;
 new text end

new text begin (4) the terms of the payment, including any child care portion as specified in section
256N.24, subdivision 3;
 new text end

new text begin (5) eligibility for reimbursement of nonrecurring expenses associated with adopting
or obtaining permanent legal and physical custody of the child, to the extent that the
total cost does not exceed $2,000 per child;
 new text end

new text begin (6) that the agreement must remain in effect regardless of the state of which the
adoptive parents or relative custodians are residents at any given time;
 new text end

new text begin (7) provisions for modification of the terms of the agreement, including renegotiation
of the agreement; and
 new text end

new text begin (8) the effective date of the agreement.
 new text end

new text begin (c) The caregivers, the commissioner, and the financially responsible agency, or, if
there is no financially responsible agency, the agency designated by the commissioner, must
sign the agreement. A copy of the signed agreement must be given to each party. Once
signed by all parties, the commissioner shall maintain the official record of the agreement.
 new text end

new text begin (d) The effective date of the guardianship assistance agreement must be the date of the
court order that transfers permanent legal and physical custody to the relative. The effective
date of the adoption assistance agreement is the date of the finalized adoption decree.
 new text end

new text begin (e) Termination or disruption of the preadoptive placement or the foster care
placement prior to assignment of custody makes the agreement with that caregiver void.
 new text end

new text begin Subd. 2. new text end

new text begin Negotiation of agreement. new text end

new text begin (a) When a child is determined to be eligible
for guardianship assistance or adoption assistance, the financially responsible agency, or,
if there is no financially responsible agency, the agency designated by the commissioner,
must negotiate with the caregiver to develop an agreement under subdivision 1. If and when
the caregiver and agency reach concurrence as to the terms of the agreement, both parties
shall sign the agreement. The agency must submit the agreement, along with the eligibility
determination outlined in sections 256N.22, subdivision 7, and 256N.23, subdivision 7, to
the commissioner for final review, approval, and signature according to subdivision 1.
 new text end

new text begin (b) A monthly payment is provided as part of the adoption assistance or guardianship
assistance agreement to support the care of children unless the child is determined to be an
at-risk child, in which case the special at-risk monthly payment under section 256N.26,
subdivision 7, must be made until the caregiver obtains written documentation from a
qualified expert that the potential disability upon which eligibility for the agreement
was based has manifested itself.
 new text end

new text begin (1) The amount of the payment made on behalf of a child eligible for guardianship
assistance or adoption assistance is determined through agreement between the prospective
relative custodian or the adoptive parent and the financially responsible agency, or, if there
is no financially responsible agency, the agency designated by the commissioner, using
the assessment tool established by the commissioner in section 256N.24, subdivision 2,
and the associated benefit and payments outlined in section 256N.26. Except as provided
under section 256N.24, subdivision 1, paragraph (c), the assessment tool establishes
the monthly benefit level for a child under foster care. The monthly payment under a
guardianship assistance agreement or adoption assistance agreement may be negotiated up
to the monthly benefit level under foster care. In no case may the amount of the payment
under a guardianship assistance agreement or adoption assistance agreement exceed the
foster care maintenance payment which would have been paid during the month if the
child with respect to whom the guardianship assistance or adoption assistance payment is
made had been in a foster family home in the state.
 new text end

new text begin (2) The rate schedule for the agreement is determined based on the age of the
child on the date that the prospective adoptive parent or parents or relative custodian or
custodians sign the agreement.
new text end

new text begin (3) The income of the relative custodian or custodians or adoptive parent or parents
must not be taken into consideration when determining eligibility for guardianship
assistance or adoption assistance or the amount of the payments under section 256N.26.
 new text end

new text begin (4) With the concurrence of the relative custodian or adoptive parent, the amount of
the payment may be adjusted periodically using the assessment tool established by the
commissioner in section 256N.24, subdivision 2, and the agreement renegotiated under
subdivision 3 when there is a change in the child's needs or the family's circumstances.
 new text end

new text begin (5) The guardianship assistance or adoption assistance agreement of a child who is
identified as at-risk receives the special at-risk monthly payment under section 256N.26,
subdivision 7, unless and until the potential disability manifests itself, as documented by
an appropriate professional, and the commissioner authorizes commencement of payment
by modifying the agreement accordingly. A relative custodian or adoptive parent of an
at-risk child with a guardianship assistance or adoption assistance agreement may request
a reassessment of the child under section 256N.24, subdivision 9, and renegotiation of
the guardianship assistance or adoption assistance agreement under subdivision 3 to
include a monthly payment, if the caregiver has written documentation from a qualified
expert that the potential disability upon which eligibility for the agreement was based has
manifested itself. Documentation of the disability must be limited to evidence deemed
appropriate by the commissioner.
 new text end

new text begin (c) For guardianship assistance agreements:
 new text end

new text begin (1) the initial amount of the monthly guardianship assistance payment must be
equivalent to the foster care rate in effect at the time that the agreement is signed less any
offsets under section 256N.26, subdivision 11, or a lesser negotiated amount if agreed to
by the prospective relative custodian and specified in that agreement, unless the child is
identified as at-risk or the guardianship assistance agreement is entered into when a child
is under the age of six;
 new text end

new text begin (2) an at-risk child must be assigned level A as outlined in section 256N.26 and
receive the special at-risk monthly payment under section 256N.26, subdivision 7, unless
and until the potential disability manifests itself, as documented by a qualified expert and
the commissioner authorizes commencement of payment by modifying the agreement
accordingly; and
 new text end

new text begin (3) the amount of the monthly payment for a guardianship assistance agreement for
a child, other than an at-risk child, who is under the age of six must be as specified in
section 256N.26, subdivision 5.
 new text end

new text begin (d) For adoption assistance agreements:
 new text end

new text begin (1) for a child in foster care with the prospective adoptive parent immediately prior
to adoptive placement, the initial amount of the monthly adoption assistance payment
must be equivalent to the foster care rate in effect at the time that the agreement is signed
less any offsets in section 256N.26, subdivision 11, or a lesser negotiated amount if agreed
to by the prospective adoptive parents and specified in that agreement, unless the child is
identified as at-risk or the adoption assistance agreement is entered into when a child is
under the age of six;
 new text end

new text begin (2) an at-risk child must be assigned level A as outlined in section 256N.26 and
receive the special at-risk monthly payment under section 256N.26, subdivision 7, unless
and until the potential disability manifests itself, as documented by an appropriate
professional and the commissioner authorizes commencement of payment by modifying
the agreement accordingly;
 new text end

new text begin (3) the amount of the monthly payment for an adoption assistance agreement for
a child under the age of six, other than an at-risk child, must be as specified in section
256N.26, subdivision 5;
 new text end

new text begin (4) for a child who is in the guardianship assistance program immediately prior
to adoptive placement, the initial amount of the adoption assistance payment must be
equivalent to the guardianship assistance payment in effect at the time that the adoption
assistance agreement is signed or a lesser amount if agreed to by the prospective adoptive
parent and specified in that agreement; and
 new text end

new text begin (5) for a child who is not in foster care placement or the guardianship assistance
program immediately prior to adoptive placement or negotiation of the adoption assistance
agreement, the initial amount of the adoption assistance agreement must be determined
using the assessment tool and process in this section and the corresponding payment
amount outlined in section 256N.26.
 new text end

new text begin Subd. 3. new text end

new text begin Renegotiation of agreement. new text end

new text begin (a) A relative custodian or adoptive parent
of a child with a guardianship assistance or adoption assistance agreement may request
renegotiation of the agreement when there is a change in the needs of the child or in the
family's circumstances. When a relative custodian or adoptive parent requests renegotiation
of the agreement, a reassessment of the child must be completed consistent with section
256N.24, subdivisions 9 and 10. If the reassessment indicates that the child's level has
changed, the financially responsible agency, or, if there is no financially responsible
agency, the agency designated by the commissioner or a designee and the caregiver must
renegotiate the agreement to include a payment with the level determined through the
reassessment process. The agreement must not be renegotiated unless the commissioner,
the financially responsible agency, and the caregiver mutually agree to the changes. The
effective date of any renegotiated agreement must be determined by the commissioner.
 new text end

new text begin (b) A relative custodian or adoptive parent of an at-risk child with a guardianship
assistance or adoption assistance agreement may request renegotiation of the agreement to
include a monthly payment higher than the special at-risk monthly payment under section
256N.26, subdivision 7, if the caregiver has written documentation from a qualified
expert that the potential disability upon which eligibility for the agreement was based has
manifested itself. Documentation of the disability must be limited to evidence deemed
appropriate by the commissioner. Prior to renegotiating the agreement, a reassessment
of the child must be conducted as outlined in section 256N.24, subdivision 9. The
reassessment must be used to renegotiate the agreement to include an appropriate monthly
payment. The agreement must not be renegotiated unless the commissioner, the financially
responsible agency, and the caregiver mutually agree to the changes. The effective date of
any renegotiated agreement must be determined by the commissioner.
 new text end

new text begin (c) Renegotiation of a guardianship assistance or adoption assistance agreement is
required when one of the circumstances outlined in section 256N.26, subdivision 13,
occurs.
 new text end

Sec. 42.

new text begin [256N.26] BENEFITS AND PAYMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Benefits. new text end

new text begin (a) There are three benefits under Northstar Care for
Children: medical assistance, basic payment, and supplemental difficulty of care payment.
 new text end

new text begin (b) A child is eligible for medical assistance under subdivision 2.
 new text end

new text begin (c) A child is eligible for the basic payment under subdivision 3, except for a child
assigned level A under section 256N.24, subdivision 1, because the child is determined to
be an at-risk child receiving guardianship assistance or adoption assistance.
new text end

new text begin (d) A child, including a foster child age 18 to 21, is eligible for an additional
supplemental difficulty of care payment under subdivision 4, as determined by the
assessment under section 256N.24.
 new text end

new text begin (e) An eligible child entering guardianship assistance or adoption assistance under
the age of six receives a basic payment and supplemental difficulty of care payment as
specified in subdivision 5.
 new text end

new text begin (f) A child transitioning in from a pre-Northstar Care for Children program under
section 256N.28, subdivision 7, shall receive basic and difficulty of care supplemental
payments according to those provisions.
 new text end

new text begin Subd. 2. new text end

new text begin Medical assistance. new text end

new text begin Eligibility for medical assistance under this chapter
must be determined according to section 256B.055.
 new text end

new text begin Subd. 3. new text end

new text begin Basic monthly rate. new text end

new text begin From January 1, 2015, to June 30, 2016, the basic
monthly rate must be according to the following schedule:
 new text end

new text begin Ages 0-5
 new text end 		new text begin $565 per month
 new text end
new text begin Ages 6-12
 new text end 		new text begin $670 per month
 new text end
new text begin Ages 13 and older
 new text end 		new text begin $790 per month
 new text end

new text begin Subd. 4. new text end

new text begin Difficulty of care supplemental monthly rate. new text end

new text begin From January 1, 2015,
to June 30, 2016, the supplemental difficulty of care monthly rate is determined by the
following schedule:
 new text end

new text begin Level A
 new text end 		new text begin none (special rate under subdivision 7
applies)
 new text end
new text begin Level B
 new text end 		new text begin none (basic under subdivision 3 only)
 new text end
new text begin Level C
 new text end 		new text begin $100 per month
 new text end
new text begin Level D
 new text end 		new text begin $200 per month
 new text end
new text begin Level E
 new text end 		new text begin $300 per month
 new text end
new text begin Level F
 new text end 		new text begin $400 per month
 new text end
new text begin Level G
 new text end 		new text begin $500 per month
 new text end
new text begin Level H
 new text end 		new text begin $600 per month
 new text end
new text begin Level I
 new text end 		new text begin $700 per month
 new text end
new text begin Level J
 new text end 		new text begin $800 per month
 new text end
new text begin Level K
 new text end 		new text begin $900 per month
 new text end
new text begin Level L
 new text end 		new text begin $1,000 per month
 new text end

new text begin A child assigned level A is not eligible for either the basic or supplemental difficulty
of care payment, while a child assigned level B is not eligible for the supplemental
difficulty of care payment but is eligible for the basic monthly rate under subdivision 3.
 new text end

new text begin Subd. 5. new text end

new text begin Alternate rates for preschool entry and certain transitioned children.
 new text end

new text begin A child who entered the guardianship assistance or adoption assistance components
of Northstar Care for Children while under the age of six shall receive 50 percent of
the amount the child would otherwise be entitled to under subdivisions 3 and 4. The
commissioner may also use the 50 percent rate for a child who was transitioned into those
components through declaration of the commissioner under section 256N.28, subdivision 7.
 new text end

new text begin Subd. 6. new text end

new text begin Emergency foster care rate for initial placement. new text end

new text begin (a) A child who enters
foster care due to immediate custody by a police officer or court order, consistent with
section 260C.175, subdivisions 1 and 2, or equivalent provision under tribal code, shall
receive the emergency foster care rate for up to 30 days. The emergency foster care rate
cannot be extended beyond 30 days of the child's placement.
 new text end

new text begin (b) For this payment rate to be applied, at least one of three conditions must apply:
 new text end

new text begin (1) the child's initial placement must be in foster care in Minnesota;
 new text end

new text begin (2) the child's previous placement was more than two years ago; or
 new text end

new text begin (3) the child's previous placement was for fewer than 30 days and an assessment
under section 256N.24 was not completed by an agency under section 256N.24.
 new text end

new text begin (c) The emergency foster care rate consists of the appropriate basic monthly rate
under subdivision 3 plus a difficulty of care supplemental monthly rate of level D under
subdivision 4.
 new text end

new text begin (d) The emergency foster care rate ends under any of three conditions:
 new text end

new text begin (1) when an assessment under section 256N.24 is completed;
 new text end

new text begin (2) when the placement ends; or
 new text end

new text begin (3) after 30 days have elapsed.
 new text end

new text begin (e) The financially responsible agency, in consultation with the legally responsible
agency, if different, may replace the emergency foster care rate at any time by completing
an initial assessment on which a revised difficulty of care supplemental monthly rate
would be based. Consistent with section 256N.24, subdivision 9, the caregiver may
request a reassessment in writing for an initial assessment to replace the emergency foster
care rate. This written request would initiate an initial assessment under section 256N.24,
subdivision 5. If the revised difficulty of care supplemental level based on the initial
assessment is higher than Level D, then the revised higher rate shall apply retroactively to
the beginning of the placement. If the revised level is lower, the lower rate shall apply on
the date the initial assessment was completed.
 new text end

new text begin (f) If a child remains in foster care placement for more than 30 days, the emergency
foster care rate ends after the 30th day of placement and an assessment under section
256N.26 must be completed.
 new text end

new text begin Subd. 7. new text end

new text begin Special at-risk monthly payment for at-risk children in guardianship
assistance and adoption assistance. new text end

new text begin A child eligible for guardianship assistance under
section 256N.22 or adoption assistance under section 256N.23 who is determined to be
an at-risk child shall receive a special at-risk monthly payment of $1 per month basic,
unless and until the potential disability manifests itself and the agreement is renegotiated
to include reimbursement. Such an at-risk child shall receive neither a supplemental
difficulty of care monthly rate under subdivision 4 nor home and vehicle modifications
under subdivision 10, but must be considered for medical assistance under subdivision 2.
 new text end

new text begin Subd. 8. new text end

new text begin Daily rates. new text end

new text begin (a) The commissioner shall establish prorated daily rates to
the nearest cent for the monthly rates under subdivisions 3 to 7. Daily rates must be
routinely used when a partial month is involved for foster care, guardianship assistance, or
adoption assistance.
 new text end

new text begin (b) A full month payment is permitted if a foster child is temporarily absent from
the foster home if the brief absence does not exceed 14 days and the child's placement
continues with the same caregiver.
 new text end

new text begin Subd. 9. new text end

new text begin Revision. new text end

new text begin By April 1, 2016, for fiscal year 2017, and by each succeeding
April 1 for the subsequent fiscal year, the commissioner shall review and revise the rates
under subdivisions 3 to 7 based on the United States Department of Agriculture, Estimates
of the Cost of Raising a Child, published by the United States Department of Agriculture,
Agricultural Resources Service, Publication 1411. The revision shall be the average
percentage by which costs increase for the age ranges represented in the United States
Department of Agriculture, Estimates of the Cost of Raising a Child, except that in no
instance must the increase be more than three percent per annum. The monthly rates must
be revised to the nearest dollar and the daily rates to the nearest cent.
 new text end

new text begin Subd. 10. new text end

new text begin Home and vehicle modifications. new text end

new text begin (a) Except for a child assigned level A
under section 256N.24, subdivision 1, paragraph (b), clause (1), a child who is eligible
for an adoption assistance agreement may have reimbursement of home and vehicle
modifications necessary to accommodate the child's special needs upon which eligibility
for adoption assistance was based and included as part of the negotiation of the agreement
under section 256N.25, subdivision 2. Reimbursement of home and vehicle modifications
must not be available for a child who is assessed at level A under subdivision 1, unless
and until the potential disability manifests itself and the agreement is renegotiated to
include reimbursement.
 new text end

new text begin (b) Application for and reimbursement of modifications must be completed
according to a process specified by the commissioner. The type and cost of each
modification must be preapproved by the commissioner. The type of home and vehicle
modifications must be limited to those specified by the commissioner.
 new text end

new text begin (c) Reimbursement for home modifications as outlined in this subdivision is limited
to once every five years per child. Reimbursement for vehicle modifications as outlined in
this subdivision is limited to once every five years per family.
 new text end

new text begin Subd. 11. new text end

new text begin Child income or income attributable to the child. new text end

new text begin (a) A monthly
guardianship assistance or adoption assistance payment must be considered as income
and resource attributable to the child. Guardianship assistance and adoption assistance
are exempt from garnishment, except as permissible under the laws of the state where the
child resides.
 new text end

new text begin (b) When a child is placed into foster care, any income and resources attributable
to the child are treated as provided in sections 252.27 and 260C.331, or 260B.331, as
applicable to the child being placed.
 new text end

new text begin (c) Consideration of income and resources attributable to the child must be part of
the negotiation process outlined in section 256N.25, subdivision 2. In some circumstances,
the receipt of other income on behalf of the child may impact the amount of the monthly
payment received by the relative custodian or adoptive parent on behalf of the child
through Northstar Care for Children. Supplemental Security Income (SSI), retirement
survivor's disability insurance (RSDI), veteran's benefits, railroad retirement benefits, and
black lung benefits are considered income and resources attributable to the child.
 new text end

new text begin Subd. 12. new text end

new text begin Treatment of Supplemental Security Income. new text end

new text begin If a child placed in foster
care receives benefits through Supplemental Security Income (SSI) at the time of foster
care placement or subsequent to placement in foster care, the financially responsible
agency may apply to be the payee for the child for the duration of the child's placement in
foster care. If a child continues to be eligible for SSI after finalization of the adoption or
transfer of permanent legal and physical custody and is determined to be eligible for a
payment under Northstar Care for Children, a permanent caregiver may choose to receive
payment from both programs simultaneously. The permanent caregiver is responsible
to report the amount of the payment to the Social Security Administration and the SSI
payment will be reduced as required by Social Security.
 new text end

new text begin Subd. 13. new text end

new text begin Treatment of retirement survivor's disability insurance, veteran's
benefits, railroad retirement benefits, and black lung benefits. new text end

new text begin (a) If a child placed
in foster care receives retirement survivor's disability insurance, veteran's benefits,
railroad retirement benefits, or black lung benefits at the time of foster care placement or
subsequent to placement in foster care, the financially responsible agency may apply to
be the payee for the child for the duration of the child's placement in foster care. If it is
anticipated that a child will be eligible to receive retirement survivor's disability insurance,
veteran's benefits, railroad retirement benefits, or black lung benefits after finalization
of the adoption or assignment of permanent legal and physical custody, the permanent
caregiver shall apply to be the payee of those benefits on the child's behalf. The monthly
amount of the other benefits must be considered an offset to the amount of the payment
the child is determined eligible for under Northstar Care for Children.
 new text end

new text begin (b) If a child becomes eligible for retirement survivor's disability insurance, veteran's
benefits, railroad retirement benefits, or black lung benefits, after the initial amount of the
payment under Northstar Care for Children is finalized, the permanent caregiver shall
contact the commissioner to redetermine the payment under Northstar Care for Children.
The monthly amount of the other benefits must be considered an offset to the amount of
the payment the child is determined eligible for under Northstar Care for Children.
 new text end

new text begin (c) If a child ceases to be eligible for retirement survivor's disability insurance,
veteran's benefits, railroad retirement benefits, or black lung benefits after the initial amount
of the payment under Northstar Care for Children is finalized, the permanent caregiver
shall contact the commissioner to redetermine the payment under Northstar Care for
Children. The monthly amount of the payment under Northstar Care for Children must be
the amount the child was determined to be eligible for prior to consideration of any offset.
 new text end

new text begin (d) If the monthly payment received on behalf of the child under retirement survivor's
disability insurance, veteran's benefits, railroad retirement benefits, or black lung benefits
changes after the adoption assistance or guardianship assistance agreement is finalized,
the permanent caregiver shall notify the commissioner as to the new monthly payment
amount, regardless of the amount of the change in payment. If the monthly payment
changes by $75 or more, even if the change occurs incrementally over the duration of
the term of the adoption assistance or guardianship assistance agreement, the monthly
payment under Northstar Care for Children must be adjusted without further consent
to reflect the amount of the increase or decrease in the offset amount. Any subsequent
change to the payment must be reported and handled in the same manner. A change of
monthly payments of less than $75 is not a permissible reason to renegotiate the adoption
assistance or guardianship assistance agreement under section 256N.25, subdivision 3.
The commissioner shall review and revise the limit at which the adoption assistance or
guardian assistance agreement must be renegotiated in accordance with subdivision 9.
 new text end

new text begin Subd. 14. new text end

new text begin Treatment of child support and Minnesota family investment
program. new text end

new text begin (a) If a child placed in foster care receives child support, the child support
payment may be redirected to the financially responsible agency for the duration of the
child's placement in foster care. In cases where the child qualifies for Northstar Care
for Children by meeting the adoption assistance eligibility criteria or the guardianship
assistance eligibility criteria, any court ordered child support must not be considered
income attributable to the child and must have no impact on the monthly payment.
 new text end

new text begin (b) Consistent with section 256J.24, a child eligible for Northstar Care for Children
whose caregiver receives a payment on the child's behalf is excluded from a Minnesota
family investment program assistance unit.
 new text end

new text begin Subd. 15. new text end

new text begin Payments. new text end

new text begin (a) Payments to caregivers under Northstar Care for Children
must be made monthly. Consistent with section 256N.24, subdivision 12, the financially
responsible agency must send the caregiver the required written notice within 15 days of
a completed assessment or reassessment.
 new text end

new text begin (b) Unless paragraph (c) or (d) applies, the financially responsible agency shall pay
foster parents directly for eligible children in foster care.
 new text end

new text begin (c) When the legally responsible agency is different than the financially responsible
agency, the legally responsible agency may make the payments to the caregiver, provided
payments are made on a timely basis. The financially responsible agency must pay
the legally responsible agency on a timely basis. Caregivers must have access to the
financially and legally responsible agencies' records of the transaction, consistent with
the retention schedule for the payments.
 new text end

new text begin (d) For eligible children in foster care, the financially responsible agency may pay
the foster parent's payment for a licensed child-placing agency instead of paying the foster
parents directly. The licensed child-placing agency must timely pay the foster parents
and maintain records of the transaction. Caregivers must have access to the financially
responsible agency's records on the transaction and the child-placing agency's records of
the transaction, consistent with the retention schedule for the payments.
 new text end

new text begin Subd. 16. new text end

new text begin Effect of benefit on other aid. new text end

new text begin Payments received under this section
must not be considered as income for child care assistance under chapter 119B or any
other financial benefit. Consistent with section 256J.24, a child receiving a maintenance
payment under Northstar Care for Children is excluded from any Minnesota family
investment program assistance unit.
 new text end

new text begin Subd. 17. new text end

new text begin Home and community-based services waiver for persons with
disabilities. new text end

new text begin A child in foster care may qualify for home and community-based waivered
services, consistent with section 256B.092 for developmental disabilities, or section
256B.49 for community alternative care, community alternatives for disabled individuals,
or traumatic brain injury waivers. A waiver service must not be substituted for the foster
care program. When the child is simultaneously eligible for waivered services and for
benefits under Northstar Care for Children, the financially responsible agency must
assess and provide basic and supplemental difficulty of care rates as determined by the
assessment according to section 256N.24. If it is determined that additional services are
needed to meet the child's needs in the home that is not or cannot be met by the foster care
program, the need would be referred to the local waivered service program.
 new text end

new text begin Subd. 18. new text end

new text begin Overpayments. new text end

new text begin The commissioner has the authority to collect any
amount of foster care payment, adoption assistance, or guardianship assistance paid
to a caregiver in excess of the payment due. Payments covered by this subdivision
include basic maintenance needs payments, supplemental difficulty of care payments, and
reimbursement of home and vehicle modifications under subdivision 10. Prior to any
collection, the commissioner or designee shall notify the caregiver in writing, including:
 new text end

new text begin (1) the amount of the overpayment and an explanation of the cause of overpayment;
 new text end

new text begin (2) clarification of the corrected amount;
 new text end

new text begin (3) a statement of the legal authority for the decision;
 new text end

new text begin (4) information about how the caregiver can correct the overpayment;
 new text end

new text begin (5) if repayment is required, when the payment is due and a person to contact to
review a repayment plan;
 new text end

new text begin (6) a statement that the caregiver has a right to a fair hearing review by the
department; and
 new text end

new text begin (7) the procedure for seeking a fair hearing review by the department.
 new text end

new text begin Subd. 19. new text end

new text begin Payee. new text end

new text begin For adoption assistance and guardianship assistance cases, the
payment must only be made to the adoptive parent or relative custodian specified on the
agreement. If there is more than one adoptive parent or relative custodian, both parties will
be listed as the payee unless otherwise specified in writing according to policies outlined
by the commissioner. In the event of divorce or separation of the caregivers, a change of
payee must be made in writing according to policies outlined by the commissioner. If both
caregivers are in agreement as to the change, it may be made according to a process outlined
by the commissioner. If there is not agreement as to the change, a court order indicating
the party who is to receive the payment is needed before a change can be processed. If the
change of payee is disputed, the commissioner may withhold the payment until agreement
is reached. A noncustodial caregiver may request notice in writing of review, modification,
or termination of the adoption assistance or guardianship assistance agreement. In the
event of the death of a payee, a change of payee consistent with sections 256N.22 and
256N.23 may be made in writing according to policies outlined by the commissioner.
 new text end

new text begin Subd. 20. new text end

new text begin Notification of change. new text end

new text begin (a) A caregiver who has an adoption assistance
agreement or guardianship assistance agreement in place shall keep the agency
administering the program informed of changes in status or circumstances which would
make the child ineligible for the payments or eligible for payments in a different amount.
 new text end

new text begin (b) For the duration of the agreement, the caregiver agrees to notify the agency
administering the program in writing within 30 days of any of the following:
 new text end

new text begin (1) a change in the child's or caregiver's legal name;
 new text end

new text begin (2) a change in the family's address;
 new text end

new text begin (3) a change in the child's legal custody status;
 new text end

new text begin (4) the child's completion of high school, if this occurs after the child attains age 18;
 new text end

new text begin (5) the end of the caregiver's legal responsibility to support the child based on
termination of parental rights of the caregiver, transfer of guardianship to another person,
or transfer of permanent legal and physical custody to another person;
 new text end

new text begin (6) the end of the caregiver's financial support of the child;
 new text end

new text begin (7) the death of the child;
 new text end

new text begin (8) the death of the caregiver;
 new text end

new text begin (9) the child enlists in the military;
 new text end

new text begin (10) the child gets married;
 new text end

new text begin (11) the child becomes an emancipated minor through legal action;
 new text end

new text begin (12) the caregiver separates or divorces; and
 new text end

new text begin (13) the child is residing outside the caregiver's home for a period of more than
30 consecutive days.
 new text end

new text begin Subd. 21. new text end

new text begin Correct and true information. new text end

new text begin The caregiver must be investigated for
fraud if the caregiver reports information the caregiver knows is untrue, the caregiver
fails to notify the commissioner of changes that may affect eligibility, or the agency
administering the program receives relevant information that the caregiver did not report.
 new text end

new text begin Subd. 22. new text end

new text begin Termination notice for caregiver. new text end

new text begin The agency that issues the
maintenance payment shall provide the child's caregiver with written notice of termination
of payment. Termination notices must be sent at least 15 days before the final payment or
in the case of an unplanned termination, the notice is sent within three days of the end of
the payment. The written notice must minimally include the following:
 new text end

new text begin (1) the date payment will end;
 new text end

new text begin (2) the reason payments will end and the event that is the basis to terminate payment;
 new text end

new text begin (3) a statement that the provider has a right to a fair hearing review by the department
consistent with section 256.045, subdivision 3;
 new text end

new text begin (4) the procedure to request a fair hearing; and
 new text end

new text begin (5) name, telephone number, and email address of a contact person at the agency.
 new text end

Sec. 43.

new text begin [256N.27] FEDERAL, STATE, AND LOCAL SHARES.
 new text end

new text begin Subdivision 1. new text end

new text begin Federal share. new text end

new text begin For the purposes of determining a child's eligibility
under title IV-E of the Social Security Act for a child in foster care, the financially
responsible agency shall use the eligibility requirements outlined in section 472 of the
Social Security Act. For a child who qualifies for guardianship assistance or adoption
assistance, the financially responsible agency and the commissioner shall use the
eligibility requirements outlined in section 473 of the Social Security Act. In each case,
the agency paying the maintenance payments must be reimbursed for the costs from the
federal money available for this purpose.
 new text end

new text begin Subd. 2. new text end

new text begin State share. new text end

new text begin The commissioner shall pay the state share of the maintenance
payments as determined under subdivision 4, and an identical share of the pre-Northstar
Care foster care program under section 260C.4411, subdivision 1, the relative custody
assistance program under section 257.85, and the pre-Northstar Care for Children adoption
assistance program under chapter 259A. The commissioner may transfer funds into the
account if a deficit occurs.
 new text end

new text begin Subd. 3. new text end

new text begin Local share. new text end

new text begin (a) The financially responsible agency at the time of
placement for foster care or finalization of the agreement for guardianship assistance or
adoption assistance shall pay the local share of the maintenance payments as determined
under subdivision 4, and an identical share of the pre-Northstar Care for Children foster
care program under section 260C.4411, subdivision 1, the relative custody assistance
program under section 257.85, and the pre-Northstar Care for Children adoption assistance
program under chapter 259A.
 new text end

new text begin (b) The financially responsible agency shall pay the entire cost of any initial clothing
allowance, administrative payments to child caring agencies specified in section 317A.907,
or other support services it authorizes, except as provided under other provisions of law.
 new text end

new text begin (c) In cases of federally required adoption assistance where there is no financially
responsible agency as provided in section 256N.24, subdivision 5, the commissioner
shall pay the local share.
 new text end

new text begin (d) When an Indian child being placed in Minnesota meets title IV-E eligibility
defined in section 473(d) of the Social Security Act and is receiving guardianship
assistance or adoption assistance, the agency or entity assuming responsibility for the
child is responsible for the nonfederal share of the payment.
 new text end

new text begin Subd. 4. new text end

new text begin Nonfederal share. new text end

new text begin (a) The commissioner shall establish a percentage share
of the maintenance payments, reduced by federal reimbursements under title IV-E of the
Social Security Act, to be paid by the state and to be paid by the financially responsible
agency.
 new text end

new text begin (b) These state and local shares must initially be calculated based on the ratio of the
average appropriate expenditures made by the state and all financially responsible agencies
during calendar years 2011, 2012, 2013, and 2014. For purposes of this calculation,
appropriate expenditures for the financially responsible agencies must include basic and
difficulty of care payments for foster care reduced by federal reimbursements, but not
including any initial clothing allowance, administrative payments to child care agencies
specified in section 317A.907, child care, or other support or ancillary expenditures. For
purposes of this calculation, appropriate expenditures for the state shall include adoption
assistance and relative custody assistance, reduced by federal reimbursements.
 new text end

new text begin (c) For each of the periods January 1, 2015, to June 30, 2016, fiscal years 2017, 2018,
and 2019, the commissioner shall adjust this initial percentage of state and local shares to
reflect the relative expenditure trends during calendar years 2011, 2012, 2013, and 2014,
taking into account appropriations for Northstar Care for Children and the turnover rates
of the components. In making these adjustments, the commissioner's goal shall be to make
these state and local expenditures other than the appropriations for Northstar Care to be
the same as they would have been had Northstar Care not been implemented, or if that
is not possible, proportionally higher or lower, as appropriate. The state and local share
percentages for fiscal year 2019 must be used for all subsequent years.
 new text end

new text begin Subd. 5. new text end

new text begin Adjustments for proportionate shares among financially responsible
agencies. new text end

new text begin (a) The commissioner shall adjust the expenditures under subdivision 4 by each
financially responsible agency so that its relative share is proportional to its foster care
expenditures, with the goal of making the local share similar to what the county or tribe
would have spent had Northstar Care for Children not been enacted.
 new text end

new text begin (b) For the period January 1, 2015, to June 30, 2016, the relative shares must be as
determined under subdivision 4 for calendar years 2011, 2012, 2013, and 2014 compared
with similar costs of all financially responsible agencies.
 new text end

new text begin (c) For subsequent fiscal years, the commissioner shall update the relative shares
based on actual utilization of Northstar Care for Children by the financially responsible
agencies during the previous period, so that those using relatively more than they did
historically are adjusted upward and those using less are adjusted downward.
 new text end

new text begin (d) The commissioner must ensure that the adjustments are not unduly influenced by
onetime events, anomalies, small changes that appear large compared to a narrow historic
base, or fluctuations that are the results of the transfer of responsibilities to tribal social
service agencies authorized in section 256.01, subdivision 14b, as part of the American
Indian Child Welfare Initiative.
 new text end

Sec. 44.

new text begin [256N.28] ADMINISTRATION AND APPEALS.
 new text end

new text begin Subdivision 1. new text end

new text begin Responsibilities. new text end

new text begin (a) The financially responsible agency shall
determine the eligibility for Northstar Care for Children for children in foster care under
section 256N.21, and for those children determined eligible, shall further determine each
child's eligibility for title IV-E of the Social Security Act, provided the agency has such
authority under the state title IV-E plan.
 new text end

new text begin (b) Subject to commissioner review and approval, the financially responsible agency
shall prepare the eligibility determination for Northstar Care for Children for children in
guardianship assistance under section 256N.22 and children in adoption assistance under
section 256N.23. The AFDC relatedness determination, when necessary to determine a
child's eligibility for title IV-E funding, shall be made only by an authorized agency
according to policies and procedures prescribed by the commissioner.
 new text end

new text begin (c) The financially responsible agency is responsible for the administration of
Northstar Care for Children for children in foster care. The agency designated by the
commissioner is responsible for assisting the commissioner with the administration of
the Northstar Care for Children for children in guardianship assistance and adoption
assistance by conducting assessments, reassessments, negotiations, and other activities as
specified by the commissioner under subdivision 2.
 new text end

new text begin Subd. 2. new text end

new text begin Procedures, requirements, and deadlines. new text end

new text begin The commissioner shall
specify procedures, requirements, and deadlines for the administration of Northstar Care
for Children in accordance with sections 256N.001 to 256N.28, including for children
transitioning into Northstar Care for Children under subdivision 7. The commissioner
shall periodically review all procedures, requirements, and deadlines, including the
assessment tool and process under section 256N.24, in consultation with counties, tribes,
and representatives of caregivers, and may alter them as needed.
 new text end

new text begin Subd. 3. new text end

new text begin Administration of title IV-E programs. new text end

new text begin The title IV-E foster care,
guardianship assistance, and adoption assistance programs must operate within the
statutes, rules, and policies set forth by the federal government in the Social Security Act.
 new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin The commissioner shall specify required fiscal and statistical
reports under section 256.01, subdivision 2, paragraph (q), and other reports as necessary.
 new text end

new text begin Subd. 5. new text end

new text begin Promotion of programs. new text end

new text begin Families who adopt a child under the
commissioner's guardianship must be informed as to the adoption tax credit. The
commissioner shall actively seek ways to promote the guardianship assistance and
adoption assistance programs, including informing prospective caregivers of eligible
children of the availability of guardianship assistance and adoption assistance.
 new text end

new text begin Subd. 6. new text end

new text begin Appeals and fair hearings. new text end

new text begin (a) A caregiver has the right to appeal to the
commissioner under section 256.045 when eligibility for Northstar Care for Children is
denied, and when payment or the agreement for an eligible child is modified or terminated.
 new text end

new text begin (b) A relative custodian or adoptive parent has additional rights to appeal to the
commissioner pursuant to section 256.045. These rights include when the commissioner
terminates or modifies the guardianship assistance or adoption assistance agreement or
when the commissioner denies an application for guardianship assistance or adoption
assistance. A prospective relative custodian or adoptive parent who disagrees with a
decision by the commissioner before transfer of permanent legal and physical custody or
finalization of the adoption may request review of the decision by the commissioner or
may appeal the decision under section 256.045. A guardianship assistance or adoption
assistance agreement must be signed and in effect before the court order that transfers
permanent legal and physical custody or the adoption finalization; however in some cases,
there may be extenuating circumstances as to why an agreement was not entered into
before finalization of permanency for the child. Caregivers who believe that extenuating
circumstances exist in the case of their child may request a fair hearing. Caregivers have the
responsibility of proving that extenuating circumstances exist. Caregivers must be required
to provide written documentation of each eligibility criterion at the fair hearing. Examples
of extenuating circumstances include: relevant facts regarding the child were known by
the placing agency and not presented to the caregivers before transfer of permanent legal
and physical custody or finalization of the adoption, or failure by the commissioner or a
designee to advise potential caregivers about the availability of guardianship assistance or
adoption assistance for children in the state foster care system. If an appeals judge finds
through the fair hearing process that extenuating circumstances existed and that the child
met all eligibility criteria at the time the transfer of permanent legal and physical custody
was ordered or the adoption was finalized, the effective date and any associated federal
financial participation shall be retroactive from the date of the request for a fair hearing.
 new text end

new text begin Subd. 7. new text end

new text begin Transitions from pre-Northstar Care for Children programs. new text end

new text begin (a) A child
in foster care who remains with the same caregiver shall continue to receive benefits under
the pre-Northstar Care for Children foster care program under section 256.82. Transitions
to Northstar Care for Children must occur as provided in section 256N.21, subdivision 6.
 new text end

new text begin (b) The commissioner may seek to transition into Northstar Care for Children a child
who is in pre-Northstar Care for Children relative custody assistance under section 257.85
or pre-Northstar Care for Children adoption assistance under chapter 259A, in accordance
with these priorities, in order of priority:
 new text end

new text begin (1) financial and budgetary constraints;
 new text end

new text begin (2) complying with federal regulations;
 new text end

new text begin (3) converting pre-Northstar Care for Children relative custody assistance under
section 257.85 to the guardianship assistance component of Northstar Care for Children;
 new text end

new text begin (4) improving permanency for a child or children;
 new text end

new text begin (5) maintaining permanency for a child or children;
 new text end

new text begin (6) accessing additional federal funds; and
 new text end

new text begin (7) administrative simplification.
 new text end

new text begin (c) Transitions shall be accomplished according to procedures, deadlines, and
requirements specified by the commissioner under subdivision 2.
 new text end

new text begin (d) The commissioner may accomplish a transition of a child from pre-Northstar
Care for Children relative custody assistance under section 257.85 to the guardianship
assistance component of Northstar Care for Children by declaration and appropriate notice
to the caregiver, provided that the benefit for a child under this paragraph is not reduced.
 new text end

new text begin (e) The commissioner may offer a transition of a child from pre-Northstar Care for
Children adoption assistance under chapter 259A to the adoption assistance component
of Northstar Care for Children by contacting the caregiver with an offer. The transition
must be accomplished only when the caregiver agrees to the offer. The caregiver shall
have a maximum of 90 days to review and accept the commissioner's offer. If the
commissioner's offer is not accepted within 90 days, the pre-Northstar Care for Children
adoption assistance agreement remains in effect until it terminates or a subsequent offer is
made by the commissioner.
 new text end

new text begin (f) For a child transitioning into Northstar Care for Children, the commissioner shall
assign an equivalent assessment level based on the most recently completed supplemental
difficulty of care level assessment, unless the commissioner determines that arranging
for a new assessment under section 256N.24 would be more appropriate based on the
priorities specified in paragraph (b).
 new text end

new text begin (g) For a child transitioning into Northstar Care for Children, regardless of the age
of the child, the commissioner shall use the rates under section 256N.26, subdivision 5,
unless the rates under section 256N.26, subdivisions 3 and 4, are more appropriate based
on the priorities specified in paragraph (b), as determined by the commissioner.
 new text end

new text begin Subd. 8. new text end

new text begin Purchase of child-specific adoption services. new text end

new text begin The commissioner may
reimburse the placing agency for appropriate adoption services for children eligible
under section 259A.75.
 new text end

Sec. 45.

Minnesota Statutes 2012, section 257.85, subdivision 2, is amended to read:


Subd. 2.

Scope.

The provisions of this section apply to those situations in which
the legal and physical custody of a child is established with a relative or important friend
with whom the child has resided or had significant contact according to section 260C.515,
subdivision 4, by a district court order issued on or after July 1, 1997, new text begin but on or before
November 26, 2014, new text end or a tribal court order issued on or after July 1, 2005, new text begin but on or
before November 26, 2014, new text end when the child has been removed from the care of the parent
by previous district or tribal court order.

Sec. 46.

Minnesota Statutes 2012, section 257.85, subdivision 5, is amended to read:


Subd. 5.

Relative custody assistance agreement.

(a) A relative custody assistance
agreement will not be effective, unless it is signed by the local agency and the relative
custodian no later than 30 days after the date of the order establishing permanent legal and
physical custody, new text begin and on or before November 26, 2014, new text end except that a local agency may
enter into a relative custody assistance agreement with a relative custodian more than 30
days after the date of the order if it certifies that the delay in entering the agreement was
through no fault of the relative custodiannew text begin and the agreement is signed and in effect on or
before November 26, 2014new text end . There must be a separate agreement for each child for whom
the relative custodian is receiving relative custody assistance.

(b) Regardless of when the relative custody assistance agreement is signed by the
local agency and relative custodian, the effective date of the agreement shall be the date of
the order establishing permanent legal and physical custody.

(c) If MFIP is not the applicable program for a child at the time that a relative
custody assistance agreement is entered on behalf of the child, when MFIP becomes
the applicable program, if the relative custodian had been receiving custody assistance
payments calculated based upon a different program, the amount of relative custody
assistance payment under subdivision 7 shall be recalculated under the Minnesota family
investment program.

(d) The relative custody assistance agreement shall be in a form specified by the
commissioner and shall include provisions relating to the following:

(1) the responsibilities of all parties to the agreement;

(2) the payment terms, including the financial circumstances of the relative
custodian, the needs of the child, the amount and calculation of the relative custody
assistance payments, and that the amount of the payments shall be reevaluated annually;

(3) the effective date of the agreement, which shall also be the anniversary date for
the purpose of submitting the annual affidavit under subdivision 8;

(4) that failure to submit the affidavit as required by subdivision 8 will be grounds
for terminating the agreement;

(5) the agreement's expected duration, which shall not extend beyond the child's
eighteenth birthday;

(6) any specific known circumstances that could cause the agreement or payments
to be modified, reduced, or terminated and the relative custodian's appeal rights under
subdivision 9;

(7) that the relative custodian must notify the local agency within 30 days of any of
the following:

(i) a change in the child's status;

(ii) a change in the relationship between the relative custodian and the child;

(iii) a change in composition or level of income of the relative custodian's family;

(iv) a change in eligibility or receipt of benefits under MFIP, or other assistance
program; and

(v) any other change that could affect eligibility for or amount of relative custody
assistance;

(8) that failure to provide notice of a change as required by clause (7) will be
grounds for terminating the agreement;

(9) that the amount of relative custody assistance is subject to the availability of state
funds to reimburse the local agency making the payments;

(10) that the relative custodian may choose to temporarily stop receiving payments
under the agreement at any time by providing 30 days' notice to the local agency and may
choose to begin receiving payments again by providing the same notice but any payments
the relative custodian chooses not to receive are forfeit; and

(11) that the local agency will continue to be responsible for making relative custody
assistance payments under the agreement regardless of the relative custodian's place of
residence.

Sec. 47.

Minnesota Statutes 2012, section 257.85, subdivision 6, is amended to read:


Subd. 6.

Eligibility criteria.

new text begin (a) new text end A local agency shall enter into a relative custody
assistance agreement under subdivision 5 if it certifies that the following criteria are met:

(1) the juvenile court has determined or is expected to determine that the child,
under the former or current custody of the local agency, cannot return to the home of
the child's parents;

(2) the court, upon determining that it is in the child's best interests, has issued
or is expected to issue an order transferring permanent legal and physical custody of
the child; and

(3) the child either:

(i) is a member of a sibling group to be placed together; or

(ii) has a physical, mental, emotional, or behavioral disability that will require
financial support.

When the local agency bases its certification that the criteria in clause (1) or (2) are
met upon the expectation that the juvenile court will take a certain action, the relative
custody assistance agreement does not become effective until and unless the court acts as
expected.

new text begin (b) After November 26, 2014, new relative custody assistance agreements must not
be executed. Agreements that were signed by all parties on or before November 26, 2014,
and were not in effect because the proposed transfer of permanent legal and physical
custody of the child did not occur on or before November 26, 2014, must be renegotiated
under the terms of Northstar Care for Children in chapter 256N.
 new text end

Sec. 48.

new text begin [259A.12] NO NEW EXECUTION OF ADOPTION ASSISTANCE
AGREEMENTS.
 new text end

new text begin After November 26, 2014, new adoption assistance agreements must not be executed
under this section. Agreements that were signed on or before November 26, 2014, and
were not in effect because the adoption finalization of the child did not occur on or before
November 26, 2014, must be renegotiated according to the terms of Northstar Care for
Children under chapter 256N. Agreements signed and in effect on or before November 26,
2014, must continue according to the terms of this section and applicable rules for the
duration of the agreement, unless the commissioner and the adoptive parents choose to
renegotiated the agreements under Northstar Care for Children consistent with section
256N.28, subdivision 7. After November 26, 2014, this section and associated rules must
be referred to as the pre-Northstar Care for Children adoption assistance program and
shall apply to children whose adoption assistance agreements were in effect on or before
November 26, 2014, and whose adoptive parents have not renegotiated their agreements
according to the terms of Northstar Care for Children.
 new text end

Sec. 49.

new text begin [260C.4411] PRE-NORTHSTAR CARE FOR CHILDREN FOSTER
CARE PROGRAM.
 new text end

new text begin Subdivision 1. new text end

new text begin Pre-Northstar Care for Children foster care program. new text end

new text begin (a) For a
child placed in family foster care on or before December 31, 2014, the county of financial
responsibility under section 256G.02 or tribal agency authorized under section 256.01,
subdivision 14b, shall pay the local share under section 256N.27, subdivision 3, for foster
care maintenance including any difficulty of care as defined in Minnesota Rules, part
9560.0521, subparts 7 and 10. Family foster care includes:
 new text end

new text begin (1) emergency relative placement under section 245A.035;
 new text end

new text begin (2) licensed foster family settings, foster residence settings, or treatment foster care
settings, licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, served by a public
or private child care agency authorized by Minnesota Rules, parts 9545.0755 to 9545.0845;
 new text end

new text begin (3) family foster care homes approved by a tribal agency; and
 new text end

new text begin (4) unlicensed supervised settings for foster youth ages 18 to 21.
 new text end

new text begin (b) The county of financial responsibility under section 256G.02 or tribal social
services agency authorized in section 256.01, subdivision 14b, shall pay the entire cost of
any initial clothing allowance, administrative payments to child care agencies specified
in section 317A.907, or any other support services it authorizes, except as otherwise
provided by law.
 new text end

new text begin (c) The rates for the pre-Northstar Care for Children foster care program remain
those in effect on January 1, 2013, continuing the preexisting rate structure for foster
children who remain with the same caregivers and do not transition into Northstar Care for
Children under section 256N.21, subdivision 6.
 new text end

new text begin (d) Difficulty of care payments must be maintained consistent with Minnesota Rules,
parts 9560.0652 and 9560.0653, using the established reassessment tool in part 9560.0654.
The preexisting rate structure for the pre-Northstar Care for Children foster care program
must be maintained, provided that when the number of foster children in the program is
less than ten percent of the population in 2012, the commissioner may apply the same
assessment tool to both the pre-Northstar Care for Children foster care program and
Northstar Care for Children under the authority granted in section 256N.24, subdivision 2.
 new text end

new text begin (e) The county of financial responsibility under section 256G.02 or tribal agency
authorized under section 256.01, subdivision 14b, shall document the determined
pre-Northstar Care for Children foster care rate in the case record, including a description
of each condition on which the difficulty of care assessment is based. The difficulty
of care rate is reassessed:
 new text end

new text begin (1) every 12 months;
 new text end

new text begin (2) at the request of the foster parent; or
 new text end

new text begin (3) if the child's level of need changes in the current foster home.
 new text end

new text begin (f) The pre-Northstar Care for Children foster care program must maintain the
following existing program features:
 new text end

new text begin (1) monthly payments must be made to the family foster home provider;
 new text end

new text begin (2) notice and appeal procedures must be consistent with Minnesota Rules, part
9560.0665; and
 new text end

new text begin (3) medical assistance eligibility for foster children must continue to be determined
according to section 256B.055.
 new text end

new text begin (g) The county of financial responsibility under section 256G.02 or tribal agency
authorized under section 256.01, subdivision 14b, may continue existing program features,
including:
 new text end

new text begin (1) establishing a local fund of county money through which the agency may
reimburse foster parents for the cost of repairing damage done to the home and contents by
the foster child and the additional care insurance premium cost of a child who possesses a
permit or license to drive a car; and
 new text end

new text begin (2) paying a fee for specific services provided by the foster parent, based on the
parent's skills, experience, or training. This fee must not be considered foster care
maintenance.
 new text end

new text begin (h) The following events end the child's enrollment in the pre-Northstar Care for
Children foster care program:
 new text end

new text begin (1) reunification with parent or other relative;
 new text end

new text begin (2) adoption or transfer of permanent legal and physical custody;
 new text end

new text begin (3) removal from the current foster home to a different foster home;
 new text end

new text begin (4) another event that ends the current placement episode; or
 new text end

new text begin (5) attaining the age of 21.
 new text end

new text begin Subd. 2. new text end

new text begin Consideration of other programs. new text end

new text begin (a) When a child in foster care
is eligible to receive a grant of Retirement Survivors Disability Insurance (RSDI)
or Supplemental Security Income for the aged, blind, and disabled, or a foster care
maintenance payment under title IV-E of the Social Security Act, United States Code, title
42, sections 670 to 676, the child's needs must be met through these programs. Every
effort must be made to establish a child's eligibility for a title IV-E grant to reimburse the
county or tribe from the federal funds available for this purpose.
 new text end

new text begin (b) When a child in foster care qualifies for home and community-based waivered
services under section 256B.49 for community alternative care (CAC), community
alternatives for disabled individuals (CADI), or traumatic brain injury (TBI) waivers,
this service does not substitute for the child foster care program. When a foster child is
receiving waivered services benefits, the county of financial responsibility under section
256G.02 or tribal agency authorized under section 256.01, subdivision 14b, assesses and
provides foster care maintenance including difficulty of care using the established tool in
Minnesota Rules, part 9560.0654. If it is determined that additional services are needed to
meet the child's needs in the home that are not or cannot be met by the foster care program,
the needs must be referred to the waivered service program.
 new text end

Sec. 50.

new text begin [260C.4412] PAYMENT FOR RESIDENTIAL PLACEMENTS.
 new text end

new text begin When a child is placed in a foster care group residential setting under Minnesota
Rules, parts 2960.0020 to 2960.0710, foster care maintenance payments must be made on
behalf of the child to cover the cost of providing food, clothing, shelter, daily supervision,
school supplies, child's personal incidentals and supports, reasonable travel for visitation,
or other transportation needs associated with the items listed. Daily supervision in the
group residential setting includes routine day-to-day direction and arrangements to
ensure the well-being and safety of the child. It may also include reasonable costs of
administration and operation of the facility.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
 new text end

Sec. 51.

new text begin [260C.4413] INITIAL CLOTHING ALLOWANCE.
 new text end

new text begin (a) An initial clothing allowance must be available to a child eligible for:
 new text end

new text begin (1) the pre-Northstar Care for Children foster care program under section 260C.4411,
subdivision 1; and
 new text end

new text begin (2) the Northstar Care for Children benefits under section 256N.21.
 new text end

new text begin (b) An initial clothing allowance must also be available for a foster child in a group
residential setting based on the child's individual needs during the first 60 days of the
child's initial placement. The agency must consider the parent's ability to provide for a
child's clothing needs and the residential facility contracts.
 new text end

new text begin (c) The county of financial responsibility under section 256G.02 or tribal agency
authorized under section 256.01, subdivision 14b, shall approve an initial clothing
allowance consistent with the child's needs. The amount of the initial clothing allowance
must not exceed the monthly basic rate for the child's age group under section 256N.26,
subdivision 3.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
 new text end

Sec. 52.

Minnesota Statutes 2012, section 260C.446, is amended to read:


260C.446 DISTRIBUTION OF FUNDS RECOVERED FOR ASSISTANCE
FURNISHED.

When any amount shall be recovered from any source for assistance furnished
under the provisions of sections 260C.001 to 260C.421 deleted text begin and 260C.441deleted text end , there shall be paid
into the treasury of the state or county in the proportion in which they have respectively
contributed toward the total assistance paid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
 new text end

Sec. 53. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 256.82, subdivision 4; and 260C.441, new text end new text begin are
repealed effective January 1, 2015.
 new text end

new text begin (b) new text end new text begin Minnesota Statutes 2012, section 256J.24, subdivision 10, new text end new text begin is repealed effective
October 1, 2013, or upon approval from the United States Department of Agriculture,
whichever is later.
 new text end

new text begin (c) new text end new text begin Minnesota Rules, part 3400.0130, subpart 8, new text end new text begin is repealed effective retroactively
from September 3, 2012.
 new text end

new text begin (d) new text end new text begin Minnesota Rules, parts 9560.0650, subparts 1, 3, and 6; 9560.0651; and
9560.0655, new text end new text begin are repealed effective January 1, 2015.
 new text end

new text begin (e) new text end new text begin Minnesota Rules, part 9502.0355, subpart 4, new text end new text begin is repealed.
 new text end

ARTICLE 4

STRENGTHENING CHEMICAL AND MENTAL HEALTH SERVICES

Section 1.

Minnesota Statutes 2012, section 245.4682, subdivision 2, is amended to read:


Subd. 2.

General provisions.

(a) In the design and implementation of reforms to
the mental health system, the commissioner shall:

(1) consult with consumers, families, counties, tribes, advocates, providers, and
other stakeholders;

(2) bring to the legislature, and the State Advisory Council on Mental Health, by
January 15, 2008, recommendations for legislation to update the role of counties and to
clarify the case management roles, functions, and decision-making authority of health
plans and counties, and to clarify county retention of the responsibility for the delivery of
social services as required under subdivision 3, paragraph (a);

(3) withhold implementation of any recommended changes in case management
roles, functions, and decision-making authority until after the release of the report due
January 15, 2008;

(4) ensure continuity of care for persons affected by these reforms including
ensuring client choice of provider by requiring broad provider networks and developing
mechanisms to facilitate a smooth transition of service responsibilities;

(5) provide accountability for the efficient and effective use of public and private
resources in achieving positive outcomes for consumers;

(6) ensure client access to applicable protections and appeals; and

(7) make budget transfers necessary to implement the reallocation of services and
client responsibilities between counties and health care programs that do not increase the
state and county costs and efficiently allocate state funds.

(b) When making transfers under paragraph (a) necessary to implement movement
of responsibility for clients and services between counties and health care programs,
the commissioner, in consultation with counties, shall ensure that any transfer of state
grants to health care programs, including the value of case management transfer grants
under section 256B.0625, subdivision 20, does not exceed the value of the services being
transferred for the latest 12-month period for which data is available. The commissioner
may make quarterly adjustments based on the availability of additional data during the
first four quarters after the transfers first occur. If case management transfer grants under
section 256B.0625, subdivision 20, are repealed and the value, based on the last year prior
to repeal, exceeds the value of the services being transferred, the difference becomes an
ongoing part of each county's adult deleted text begin and children'sdeleted text end mental health grants under sections
245.4661deleted text begin , 245.4889,deleted text end and 256E.12.

(c) This appropriation is not authorized to be expended after December 31, 2010,
unless approved by the legislature.

Sec. 2.

Minnesota Statutes 2012, section 246.18, subdivision 8, is amended to read:


Subd. 8.

State-operated services account.

new text begin (a) new text end The state-operated services account is
established in the special revenue fund. Revenue generated by new state-operated services
listed under this section established after July 1, 2010, that are not enterprise activities must
be deposited into the state-operated services account, unless otherwise specified in law:

(1) intensive residential treatment services;

(2) foster care services; and

(3) psychiatric extensive recovery treatment services.

new text begin (b) Funds deposited in the state-operated services account are available to the
commissioner of human services for the purposes of:
 new text end

new text begin (1) providing services needed to transition individuals from institutional settings
within state-operated services to the community when those services have no other
adequate funding source; and
 new text end

new text begin (2) grants to providers participating in mental health specialty treatment services
under section 245.4661.
 new text end

Sec. 3.

Minnesota Statutes 2012, section 246.18, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Transfers. new text end

new text begin The commissioner may transfer state mental health grant funds
to the account in subdivision 8 for noncovered allowable costs of a provider certified and
licensed under section 256B.0622, and operating under section 246.014.
 new text end

Sec. 4.

Minnesota Statutes 2012, section 256B.0625, is amended by adding a
subdivision to read:


new text begin Subd. 61. new text end

new text begin Family psychoeducation services. new text end

new text begin Effective July 1, 2013, or upon
federal approval, whichever is later, medical assistance covers family psychoeducation
services provided to a child up to age 21 with a diagnosed mental health condition when
identified in the child's individual treatment plan and provided by a licensed mental health
professional, as defined in Minnesota Rules, part 9505.0371, subpart 5, item A, or a
clinical trainee, as defined in Minnesota Rules, part 9505.0371, subpart 5, item C, who
has determined it medically necessary to involve family members in the child's care. For
the purposes of this subdivision, "family psychoeducation services" means information
or demonstration provided to an individual or family as part of an individual, family,
multifamily group, or peer group session to explain, educate, and support the child and
family in understanding a child's symptoms of mental illness, the impact on the child's
development, and needed components of treatment and skill development so that the
individual, family, or group can help the child to prevent relapse, prevent the acquisition
of comorbid disorders, and to achieve optimal mental health and long-term resilience.
 new text end

Sec. 5.

Minnesota Statutes 2012, section 256B.0625, is amended by adding a
subdivision to read:


new text begin Subd. 62. new text end

new text begin Mental health clinical care consultation. new text end

new text begin Effective July 1, 2013, or upon
federal approval, whichever is later, medical assistance covers clinical care consultation
for a person up to age 21 who is diagnosed with a complex mental health condition or a
mental health condition that co-occurs with other complex and chronic conditions, when
described in the person's individual treatment plan and provided by a licensed mental
health professional, as defined in Minnesota Rules, part 9505.0371, subpart 5, item A. For
the purposes of this subdivision, "clinical care consultation" means communication from a
treating mental health professional to other providers not under the clinical supervision of
the treating mental health professional who are working with the same client to inform,
inquire, and instruct regarding the client's symptoms; strategies for effective engagement,
care, and intervention needs; and treatment expectations across service settings; and to
direct and coordinate clinical service components provided to the client and family.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 256B.761, is amended to read:


256B.761 REIMBURSEMENT FOR MENTAL HEALTH SERVICES.

(a) Effective for services rendered on or after July 1, 2001, payment for medication
management provided to psychiatric patients, outpatient mental health services, day
treatment services, home-based mental health services, and family community support
services shall be paid at the lower of (1) submitted charges, or (2) 75.6 percent of the
50th percentile of 1999 charges.

(b) Effective July 1, 2001, the medical assistance rates for outpatient mental health
services provided by an entity that operates: (1) a Medicare-certified comprehensive
outpatient rehabilitation facility; and (2) a facility that was certified prior to January 1,
1993, with at least 33 percent of the clients receiving rehabilitation services in the most
recent calendar year who are medical assistance recipients, will be increased by 38 percent,
when those services are provided within the comprehensive outpatient rehabilitation
facility and provided to residents of nursing facilities owned by the entity.

(c) The commissioner shall establish three levels of payment for mental health
diagnostic assessment, based on three levels of complexity. The aggregate payment under
the tiered rates must not exceed the projected aggregate payments for mental health
diagnostic assessment under the previous single rate. The new rate structure is effective
January 1, 2011, or upon federal approval, whichever is later.

new text begin (d) In addition to rate increases otherwise provided, the commissioner may
restructure coverage policy and rates to improve access to adult rehabilitative mental
health services under section 256B.0623 and related mental health support services under
section 256B.021, subdivision 4, paragraph (f), clause (2). For state fiscal years 2015 and
2016, the projected state share of increased costs due to this paragraph is transferred
from adult mental health grants under sections 245.4661 and 256E.12. The transfer for
fiscal year 2016 is a permanent base adjustment for subsequent fiscal years. Payments
made to managed care plans and county-based purchasing plans under sections 256B.69,
256B.692, and 256L.12 shall reflect the rate changes described in this paragraph.
 new text end

ARTICLE 5

DEPARTMENT OF HUMAN SERVICES PROGRAM INTEGRITY

Section 1.

Minnesota Statutes 2012, section 243.166, subdivision 7, is amended to read:


Subd. 7.

Use of data.

new text begin (a) new text end Except as otherwise provided in subdivision 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.

new text begin (b) new text end The data may be used only deleted text begin fordeleted text end new text begin by law enforcement and corrections agencies for
new text end law enforcement and corrections purposes.

new text begin (c) The commissioner of human services is authorized to have access to the data for:
 new text end

new text begin (1)new text end state-operated services, as defined in section 246.014, deleted text begin are also authorized to
have access to the datadeleted text end for the purposes described in section 246.13, subdivision 2,
paragraph (b)new text begin ; and
new text end

new text begin (2) purposes of completing background studies under chapter 245Cnew text end .

Sec. 2.

Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Agency background studies. new text end

new text begin (a) The commissioner shall develop
and implement an electronic process for the regular transfer of new criminal history
information that is added to the Minnesota court information system. The commissioner's
system must include for review only information that relates to individuals who have been
the subject of a background study under this chapter that remain affiliated with the agency
that initiated the background study. For purposes of this paragraph, an individual remains
affiliated with an agency that initiated the background study until the agency informs the
commissioner that the individual is no longer affiliated. When any individual no longer
affiliated according to this paragraph returns to a position requiring a background study
under this chapter, the agency with whom the individual is again affiliated shall initiate
a new background study regardless of the length of time the individual was no longer
affiliated with the agency.
 new text end

new text begin (b) The commissioner shall develop and implement an online system for agencies that
initiate background studies under this chapter to access and maintain records of background
studies initiated by that agency. The system must show all active background study subjects
affiliated with that agency and the status of each individual's background study. Each
agency that initiates background studies must use this system to notify the commissioner
of discontinued affiliation for purposes of the processes required under paragraph (a).
 new text end

Sec. 3.

Minnesota Statutes 2012, section 245C.08, subdivision 1, is amended to read:


Subdivision 1.

Background studies conducted by Department of Human
Services.

(a) For a background study conducted by the Department of Human Services,
the commissioner shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehensionnew text begin , including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166new text end ;

(5) except as provided in clause (6), information from the national crime information
system when the commissioner has reasonable cause as defined under section 245C.05,
subdivision 5; and

(6) for a background study related to a child foster care application for licensure or
adoptions, the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and

(ii) information from national crime information databases, when the background
study subject is 18 years of age or older.

(b) Notwithstanding expungement by a court, the commissioner may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement is
directed specifically to the commissioner.

new text begin (c) The commissioner shall also review criminal history information received
according to section 245C.04, subdivision 4a, from the Minnesota court information
system that relates to individuals who have already been studied under this chapter and
who remain affiliated with the agency that initiated the background study.
 new text end

Sec. 4.

new text begin [245E.01] CHILD CARE PROVIDER AND RECIPIENT FRAUD
INVESTIGATIONS WITHIN THE CHILD CARE ASSISTANCE PROGRAM.
 new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
 new text end

new text begin (b) "Applicant" has the meaning given in section 119B.011, subdivision 2.
 new text end

new text begin (c) "Child care assistance program" means any of the assistance programs under
chapter 119B.
 new text end

new text begin (d) "Commissioner" means the commissioner of human services.
 new text end

new text begin (e) "Controlling individual" has the meaning given in section 245A.02, subdivision
5a.
 new text end

new text begin (f) "County" means a local county child care assistance program staff or
subcontracted staff, or a county investigator acting on behalf of the commissioner.
 new text end

new text begin (g) "Department" means the Department of Human Services.
 new text end

new text begin (h) "Financial misconduct" or "misconduct" means an entity's or individual's acts or
omissions that result in fraud and abuse or error against the Department of Human Services.
 new text end

new text begin (i) "Identify" means to furnish the full name, current or last known address, phone
number, and e-mail address of the individual or business entity.
 new text end

new text begin (j) "License holder" has the meaning given in section 245A.02, subdivision 9.
 new text end

new text begin (k) "Mail" means the use of any mail service with proof of delivery and receipt.
 new text end

new text begin (l) "Provider" means either a provider as defined in section 119B.011, subdivision
19, or a legal unlicensed provider as defined in section 119B.011, subdivision 16.
 new text end

new text begin (m) "Recipient" means a family receiving assistance as defined under section
119B.011, subdivision 13.
 new text end

new text begin (n) "Terminate" means revocation of participation in the child care assistance
program.
 new text end

new text begin Subd. 2. new text end

new text begin Investigating provider or recipient financial misconduct. new text end

new text begin The
department shall investigate alleged or suspected financial misconduct by providers and
errors related to payments issued by the child care assistance program under this chapter.
Recipients, employees, and staff persons may be investigated when the evidence shows
that their conduct is related to the financial misconduct of a provider, license holder,
or controlling individual.
 new text end

new text begin Subd. 3. new text end

new text begin Scope of investigations. new text end

new text begin (a) The department may contact any person,
agency, organization, or other entity that is necessary to an investigation.
 new text end

new text begin (b) The department may examine or interview any individual, document, or piece of
evidence that may lead to information that is relevant to child care assistance program
benefits, payments, and child care provider authorizations. This includes, but is not
limited to:
 new text end

new text begin (1) child care assistance program payments;
 new text end

new text begin (2) services provided by the program or related to child care assistance program
recipients;
 new text end

new text begin (3) services provided to a provider;
 new text end

new text begin (4) provider financial records of any type;
 new text end

new text begin (5) daily attendance records of the children receiving services from the provider;
 new text end

new text begin (6) billings; and
 new text end

new text begin (7) verification of the credentials of a license holder, controlling individual, employee,
staff person, contractor, subcontractor, and entities under contract with the provider to
provide services or maintain service and financial records related to those services.
 new text end

new text begin Subd. 4. new text end

new text begin Determination of investigation. new text end

new text begin After completing its investigation, the
department shall issue one of the following determinations:
 new text end

new text begin (1) no violation of child care assistance requirements occurred;
 new text end

new text begin (2) there is insufficient evidence to show that a violation of child care assistance
requirements occurred;
 new text end

new text begin (3) a preponderance of evidence shows a violation of child care assistance program
law, rule, or policy; or
 new text end

new text begin (4) there exists a credible allegation of fraud.
 new text end

new text begin Subd. 5. new text end

new text begin Actions or administrative sanctions. new text end

new text begin (a) In addition to section 256.98,
after completing the determination under subdivision 4, the department may take one or
more of the actions or sanctions specified in this subdivision.
 new text end

new text begin (b) The department may take the following actions:
 new text end

new text begin (1) refer the investigation to law enforcement or a county attorney for possible
criminal prosecution;
 new text end

new text begin (2) refer relevant information to the department's licensing division, the child care
assistance program, the Department of Education, the federal child and adult care food
program, or appropriate child or adult protection agency;
 new text end

new text begin (3) enter into a settlement agreement with a provider, license holder, controlling
individual, or recipient; or
 new text end

new text begin (4) refer the matter for review by a prosecutorial agency with appropriate jurisdiction
for possible civil action under the Minnesota False Claims Act, chapter 15C.
 new text end

new text begin (c) The department may impose sanctions by:
 new text end

new text begin (1) pursuing administrative disqualification through hearings or waivers;
 new text end

new text begin (2) establishing and seeking monetary recovery or recoupment; or
new text end

new text begin (3) issuing an order of corrective action that states the practices that are violations of
child care assistance program policies, laws, or regulations, and that they must be corrected.
 new text end

new text begin Subd. 6. new text end

new text begin Duty to provide access. new text end

new text begin (a) A provider, license holder, controlling
individual, employee, staff person, or recipient has an affirmative duty to provide access
upon request to information specified under subdivision 8 or the program facility.
 new text end

new text begin (b) Failure to provide access may result in denial or termination of authorizations for
or payments to a recipient, provider, license holder, or controlling individual in the child
care assistance program.
 new text end

new text begin (c) When a provider fails to provide access, a 15-day notice of denial or termination
must be issued to the provider, which prohibits the provider from participating in the child
care assistance program. Notice must be sent to recipients whose children are under the
provider's care pursuant to Minnesota Rules, part 3400.0185.
 new text end

new text begin (d) If the provider continues to fail to provide access at the expiration of the 15-day
notice period, child care assistance program payments to the provider must be denied
beginning the 16th day following notice of the initial failure or refusal to provide access.
The department may rescind the denial based upon good cause if the provider submits in
writing a good cause basis for having failed or refused to provide access. The writing must
be postmarked no later than the 15th day following the provider's notice of initial failure
to provide access. Additionally, the provider, license holder, or controlling individual
must immediately provide complete, ongoing access to the department. Repeated failures
to provide access must, after the initial failure or for any subsequent failure, result in
termination from participation in the child care assistance program.
 new text end

new text begin (e) The department, at its own expense, may photocopy or otherwise duplicate
records referenced in subdivision 8. Photocopying must be done on the provider's
premises on the day of the request or other mutually agreeable time, unless removal of
records is specifically permitted by the provider. If requested, a provider, license holder,
or controlling individual, or a designee, must assist the investigator in duplicating any
record, including a hard copy or electronically stored data, on the day of the request.
 new text end

new text begin (f) A provider, license holder, controlling individual, employee, or staff person must
grant the department access during the department's normal business hours, and any hours
that the program is operated, to examine the provider's program or the records listed in
subdivision 8. A provider shall make records available at the provider's place of business
on the day for which access is requested, unless the provider and the department both agree
otherwise. The department's normal business hours are 8:00 a.m. to 5:00 p.m., Monday
through Friday, excluding state holidays as defined in section 645.44, subdivision 5.
 new text end

new text begin Subd. 7. new text end

new text begin Honest and truthful statements. new text end

new text begin It shall be unlawful for a provider
or recipient to:
 new text end

new text begin (1) falsify, conceal, or cover up by any trick, scheme, or device a material fact;
 new text end

new text begin (2) make any materially false, fictitious, or fraudulent statement or representation; or
 new text end

new text begin (3) make or use any false writing or document knowing the same to contain
any materially false, fictitious, or fraudulent statement or entry related to any child
care assistance program services that the provider supplies or in relation to any child
care assistance payments received by a provider, or to any fraud investigator or law
enforcement officer conducting a financial misconduct investigation.
 new text end

new text begin Subd. 8. new text end

new text begin Record retention. new text end

new text begin (a) The following records must be maintained,
controlled, and made immediately accessible to license holders, providers, and controlling
individuals. The records must be organized and labeled to correspond to categories that
make them easy to identify so that they can be made available immediately upon request
to an investigator acting on behalf of the commissioner at the provider's place of business:
 new text end

new text begin (1) payroll ledgers, canceled checks, bank deposit slips, and any other accounting
records;
 new text end

new text begin (2) daily attendance records required by and that comply with section 119B.125,
subdivision 6;
 new text end

new text begin (3) billing transmittal forms requesting payments from the child care assistance
program and billing adjustments related to child care assistance program payments;
 new text end

new text begin (4) records identifying all persons, corporations, partnerships, and entities with an
ownership or controlling interest in the provider's child care business;
 new text end

new text begin (5) employee records identifying those persons currently employed by the provider's
child care business or who have been employed by the business at any time within the
previous five years. The records must include each employee's name, hourly and annual
salary, qualifications, position description, job title, and dates of employment. In addition,
employee records that must be made available include the employee's time sheets, current
home address of the employee or last known address of any former employee, and
documentation of background studies required under chapter 119B or 245C;
 new text end

new text begin (6) records related to transportation of children in care, including but not limited to:
 new text end

new text begin (i) the dates and times that transportation is provided to children for transportation to
and from the provider's business location for any purpose. For transportation related to
field trips or locations away from the provider's business location, the names and addresses
of those field trips and locations must also be provided;
 new text end

new text begin (ii) the name, business address, phone number, and Web site address, if any, of the
transportation service utilized; and
 new text end

new text begin (iii) all billing or transportation records related to the transportation.
 new text end

new text begin (b) A provider, license holder, or controlling individual must retain all records
in paragraph (a) for at least six years after the date the record is created. Microfilm or
electronically stored records satisfy the record keeping requirements of this subdivision.
 new text end

new text begin (c) A provider, license holder, or controlling individual who withdraws or is
terminated from the child care assistance program must retain the records required under
this subdivision and make them available to the department on demand.
 new text end

new text begin (d) If the ownership of a provider changes, the transferor, unless otherwise provided
by law or by written agreement with the transferee, is responsible for maintaining,
preserving, and upon request from the department, making available the records related to
the provider that were generated before the date of the transfer. Any written agreement
affecting this provision must be held in the possession of the transferor and transferee.
The written agreement must be provided to the department or county immediately upon
request, and the written agreement must be retained by the transferor and transferee for six
years after the agreement is fully executed.
 new text end

new text begin (e) In the event of an appealed case, the provider must retain all records required in
this subdivision for the duration of the appeal or six years, whichever is longer.
 new text end

new text begin (f) A provider's use of electronic record keeping or electronic signatures is governed
by chapter 325L.
 new text end

new text begin Subd. 9. new text end

new text begin Factors regarding imposition of administrative sanctions. new text end

new text begin (a) The
department shall consider the following factors in determining the administrative sanctions
to be imposed:
 new text end

new text begin (1) nature and extent of financial misconduct;
 new text end

new text begin (2) history of financial misconduct;
 new text end

new text begin (3) actions taken or recommended by other state agencies, other divisions of the
department, and court and administrative decisions;
 new text end

new text begin (4) prior imposition of sanctions;
 new text end

new text begin (5) size and type of provider;
 new text end

new text begin (6) information obtained through an investigation from any source;
 new text end

new text begin (7) convictions or pending criminal charges; and
 new text end

new text begin (8) any other information relevant to the acts or omissions related to the financial
misconduct.
 new text end

new text begin (b) Any single factor under paragraph (a) may be determinative of the department's
decision of whether and what sanctions are imposed.
 new text end

new text begin Subd. 10. new text end

new text begin Written notice of department sanction. new text end

new text begin (a) The department shall give
notice in writing to a person of an administrative sanction that is to be imposed. The notice
shall be sent by mail as defined in subdivision 1, paragraph (k).
 new text end

new text begin (b) The notice shall state:
 new text end

new text begin (1) the factual basis for the department's determination;
 new text end

new text begin (2) the sanction the department intends to take;
 new text end

new text begin (3) the dollar amount of the monetary recovery or recoupment, if any;
 new text end

new text begin (4) how the dollar amount was computed;
 new text end

new text begin (5) the right to dispute the department's determination and to provide evidence;
 new text end

new text begin (6) the right to appeal the department's proposed sanction; and
 new text end

new text begin (7) the option to meet informally with department staff, and to bring additional
documentation or information, to resolve the issues.
 new text end

new text begin (c) In cases of determinations resulting in denial or termination of payments, in
addition to the requirements of paragraph (b), the notice must state:
 new text end

new text begin (1) the length of the denial or termination;
 new text end

new text begin (2) the requirements and procedures for reinstatement; and
 new text end

new text begin (3) the provider's right to submit documents and written arguments against the
denial or termination of payments for review by the department before the effective date
of denial or termination.
 new text end

new text begin (d) The submission of documents and written argument for review by the department
under paragraph (b), clause (5) or (7), or paragraph (c), clause (3), does not stay the
deadline for filing an appeal.
 new text end

new text begin (e) Unless appealed, the effective date of the proposed sanction shall be 30 days after
the license holder's, provider's, controlling individual's, or recipient's receipt of the notice.
If an appeal is made, the proposed sanction shall be delayed pending the final outcome of
the appeal. Implementation of a proposed sanction following the resolution of an appeal
may be postponed if, in the opinion of the department, the delay of sanction is necessary to
protect the health or safety of children in care. The department may consider the economic
hardship of a person in implementing the proposed sanction, but economic hardship shall
not be a determinative factor in implementing the proposed sanction.
 new text end

new text begin (f) Requests for an informal meeting to attempt to resolve issues and requests
for appeals must be sent or delivered to the department's Office of Inspector General,
Financial Fraud and Abuse Division.
 new text end

new text begin Subd. 11. new text end

new text begin Appeal of department sanction under this section. new text end

new text begin (a) If the department
does not pursue a criminal action against a provider, license holder, controlling individual,
or recipient for financial misconduct, but the department imposes an administrative
sanction, any individual or entity against whom the sanction was imposed may appeal the
department's administrative sanction under this section pursuant to section 119B.16 or
256.045 with the additional requirements in clauses (1) to (4). An appeal must specify:
 new text end

new text begin (1) each disputed item, the reason for the dispute, and an estimate of the dollar
amount involved for each disputed item, if appropriate;
 new text end

new text begin (2) the computation that is believed to be correct, if appropriate;
 new text end

new text begin (3) the authority in the statute or rule relied upon for each disputed item; and
 new text end

new text begin (4) the name, address, and phone number of the person at the provider's place of
business with whom contact may be made regarding the appeal.
 new text end

new text begin (b) An appeal is considered timely only if postmarked or received by the
department's Office of Inspector General, Financial Fraud and Abuse Division within 30
days after receiving a notice of department sanction.
 new text end

new text begin (c) Before the appeal hearing, the department may deny or terminate authorizations
or payment to the entity or individual if the department determines that action is necessary
to protect the public welfare and the interests of the program.
 new text end

new text begin Subd. 12. new text end

new text begin Consolidated hearings with licensing sanction. new text end

new text begin If an overpayment
recovery action has an appeal hearing right and it is timely appealed, and a licensing
sanction exists for which there is an appeal hearing right and the sanction is timely
appealed, and the overpayment recovery action and licensing sanction involve the same
set of facts, the overpayment recovery action and licensing sanction must be consolidated
in the contested case hearing related to the licensing sanction.
 new text end

new text begin Subd. 13. new text end

new text begin Grounds for and methods of monetary recovery. new text end

new text begin (a) The department
may obtain monetary recovery from a provider who has been improperly paid by the
child care assistance program, regardless of whether the error was intentional or county
error. The department does not need to establish a pattern as a precondition of monetary
recovery of erroneous or false billing claims, duplicate billing claims, or billing claims
based on false statements or financial misconduct.
 new text end

new text begin (b) The department shall obtain monetary recovery from providers by the following
means:
 new text end

new text begin (1) permitting voluntary repayment of money, either in lump-sum payment or
installment payments;
 new text end

new text begin (2) using any legal collection process;
 new text end

new text begin (3) deducting or withholding program payments; or
 new text end

new text begin (4) utilizing the means set forth in chapter 16D.
 new text end

new text begin Subd. 14. new text end

new text begin Reporting of suspected fraudulent activity. new text end

new text begin (a) A person who, in
good faith, makes a report of or testifies in any action or proceeding in which financial
misconduct is alleged, and who is not involved in, has not participated in, or has not aided
and abetted, conspired, or colluded in the financial misconduct, shall have immunity from
any liability, civil or criminal, that results by reason of the person's report or testimony.
For the purpose of any proceeding, the good faith of any person reporting or testifying
under this provision shall be presumed.
 new text end

new text begin (b) If a person that is or has been involved in, participated in, aided and abetted,
conspired, or colluded in the financial misconduct reports the financial misconduct,
the department may consider that person's report and assistance in investigating the
misconduct as a mitigating factor in the department's pursuit of civil, criminal, or
administrative remedies.
 new text end

new text begin Subd. 15. new text end

new text begin Data privacy. new text end

new text begin Data of any kind obtained or created in relation to a provider
or recipient investigation under this section is defined, classified, and protected the same as
all other data under section 13.46, and this data has the same classification as licensing data.
 new text end

new text begin Subd. 16. new text end

new text begin Monetary recovery; random sample extrapolation. new text end

new text begin The department is
authorized to calculate the amount of monetary recovery from a provider, license holder, or
controlling individual based upon extrapolation from a statistical random sample of claims
submitted by the provider, license holder, or controlling individual and paid by the child
care assistance program. The department's random sample extrapolation shall constitute a
rebuttable presumption of the accuracy of the calculation of monetary recovery. If the
presumption is not rebutted by the provider, license holder, or controlling individual in the
appeal process, the department shall use the extrapolation as the monetary recovery figure.
The department may use sampling and extrapolation to calculate the amount of monetary
recovery if the claims to be reviewed represent services to 50 or more children in care.
 new text end

new text begin Subd. 17. new text end

new text begin Effect of department's monetary penalty determination. new text end

new text begin Unless
a timely and proper appeal is received by the department's Office of Inspector General,
Financial Fraud and Abuse Division, the department's administrative determination or
sanction shall be considered a final department determination.
 new text end

new text begin Subd. 18. new text end

new text begin Office of Inspector General recoveries. new text end

new text begin Overpayment recoveries
resulting from child care provider fraud investigations initiated by the department's Office
of Inspector General's fraud investigations staff are excluded from the county recovery
provision in section 119B.11, subdivision 3.
 new text end

Sec. 5.

Minnesota Statutes 2012, section 256B.04, subdivision 21, is amended to read:


Subd. 21.

Provider enrollment.

(a) If the commissioner or the Centers for
Medicare and Medicaid Services determines that a provider is designated "high-risk," the
commissioner may withhold payment from providers within that category upon initial
enrollment for a 90-day period. The withholding for each provider must begin on the date
of the first submission of a claim.

(b) An enrolled provider that is also licensed by the commissioner under chapter
245A must designate an individual as the entity's compliance officer. The compliance
officer must:

(1) develop policies and procedures to assure adherence to medical assistance laws
and regulations and to prevent inappropriate claims submissions;

(2) train the employees of the provider entity, and any agents or subcontractors of
the provider entity including billers, on the policies and procedures under clause (1);

(3) respond to allegations of improper conduct related to the provision or billing of
medical assistance services, and implement action to remediate any resulting problems;

(4) use evaluation techniques to monitor compliance with medical assistance laws
and regulations;

(5) promptly report to the commissioner any identified violations of medical
assistance laws or regulations; and

(6) within 60 days of discovery by the provider of a medical assistance
reimbursement overpayment, report the overpayment to the commissioner and make
arrangements with the commissioner for the commissioner's recovery of the overpayment.

The commissioner may require, as a condition of enrollment in medical assistance, that a
provider within a particular industry sector or category establish a compliance program that
contains the core elements established by the Centers for Medicare and Medicaid Services.

(c) The commissioner may revoke the enrollment of an ordering or rendering
provider for a period of not more than one year, if the provider fails to maintain and, upon
request from the commissioner, provide access to documentation relating to written orders
or requests for payment for durable medical equipment, certifications for home health
services, or referrals for other items or services written or ordered by such provider, when
the commissioner has identified a pattern of a lack of documentation. A pattern means a
failure to maintain documentation or provide access to documentation on more than one
occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a
provider under the provisions of section 256B.064.

(d) The commissioner shall terminate or deny the enrollment of any individual or
entity if the individual or entity has been terminated from participation in Medicare or
under the Medicaid program or Children's Health Insurance Program of any other state.

(e) As a condition of enrollment in medical assistance, the commissioner shall
require that a provider designated "moderate" or "high-risk" by the Centers for Medicare
and Medicaid Services or the deleted text begin Minnesota Department of Human Servicesdeleted text end new text begin commissioner
new text end permit the Centers for Medicare and Medicaid Services, its agents, or its designated
contractors and the state agency, its agents, or its designated contractors to conduct
unannounced on-site inspections of any provider location.new text begin The commissioner shall publish
in the Minnesota Health Care Program Provider Manual a list of provider types designated
"limited," "moderate," or "high-risk," based on the criteria and standards used to designate
Medicare providers in Code of Federal Regulations, title 42, section 424.518. The list and
criteria are not subject to the requirements of chapter 14. The commissioner's designations
are not subject to administrative appeal.
new text end

(f) As a condition of enrollment in medical assistance, the commissioner shall
require that a high-risk provider, or a person with a direct or indirect ownership interest in
the provider of five percent or higher, consent to criminal background checks, including
fingerprinting, when required to do so under state law or by a determination by the
commissioner or the Centers for Medicare and Medicaid Services that a provider is
designated high-risk for fraud, waste, or abuse.

new text begin (g) As a condition of enrollment, all durable medical equipment, prosthetics,
orthotics, and supplies (DMEPOS) suppliers operating in Minnesota are required to name
the Department of Human Services, in addition to the Centers for Medicare and Medicaid
Services, as an obligee on all surety performance bonds required pursuant to section
4312(a) of the Balanced Budget Act of 1997, Public Law 105-33, amending Social
Security Act, section 1834(a). The performance bond must also allow for recovery of
costs and fees in pursuing a claim on the bond.
 new text end

new text begin (h) The Department of Human Services may require a provider to purchase a
performance surety bond as a condition of initial enrollment, reenrollment, reinstatement,
or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the
department determines there is significant evidence of or potential for fraud and abuse by
the provider, or (3) the provider or category of providers is designated high-risk pursuant
to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450, or the
department otherwise finds it is in the best interest of the Medicaid program to do so. The
performance bond must be in an amount of $100,000 or ten percent of the provider's
payments from Medicaid during the immediately preceding 12 months, whichever is
greater. The performance bond must name the Department of Human Services as an
obligee and must allow for recovery of costs and fees in pursuing a claim on the bond.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 256B.04, is amended by adding a subdivision
to read:


new text begin Subd. 22. new text end

new text begin Application fee. new text end

new text begin (a) The commissioner must collect and retain federally
required nonrefundable application fees to pay for provider screening activities in
accordance with Code of Federal Regulations, title 42, section 455, subpart E. The
enrollment application must be made under the procedures specified by the commissioner,
in the form specified by the commissioner, and accompanied by an application fee
described in paragraph (b), or a request for a hardship exception as described in the
specified procedures. Application fees must be deposited in the provider screening account
in the special revenue fund. Amounts in the provider screening account are appropriated
to the commissioner for costs associated with the provider screening activities required
in Code of Federal Regulations, title 42, section 455, subpart E. The commissioner
shall conduct screening activities as required by Code of Federal Regulations, title 42,
section 455, subpart E, and as otherwise provided by law, to include database checks,
unannounced pre- and postenrollment site visits, fingerprinting, and criminal background
studies. The commissioner must revalidate all providers under this subdivision at least
once every five years.
 new text end

new text begin (b) The application fee under this subdivision is $532 for the calendar year 2013.
For calendar year 2014 and subsequent years, the fee:
 new text end

new text begin (1) is adjusted by the percentage change to the consumer price index for all urban
consumers, United States city average, for the 12-month period ending with June of the
previous year. The resulting fee must be announced in the Federal Register;
 new text end

new text begin (2) is effective from January 1 to December 31 of a calendar year;
 new text end

new text begin (3) is required on the submission of an initial application, an application to establish
a new practice location, an application for re-enrollment when the provider is not enrolled
at the time of application of re-enrollment, or at revalidation when required by federal
regulation; and
 new text end

new text begin (4) must be in the amount in effect for the calendar year during which the application
for enrollment, new practice location, or re-enrollment is being submitted.
 new text end

new text begin (c) The application fee under this subdivision cannot be charged to:
 new text end

new text begin (1) providers who are enrolled in Medicare or who provide documentation of
payment of the fee to, and enrollment with, another state;
 new text end

new text begin (2) providers who are enrolled but are required to submit new applications for
purposes of re-enrollment; or
 new text end

new text begin (3) a provider who enrolls as an individual.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 7.

Minnesota Statutes 2012, section 256B.0659, subdivision 21, is amended to read:


Subd. 21.

Requirements for initial enrollment of personal care assistance
provider agencies.

(a) All personal care assistance provider agencies must provide, at the
time of enrollment as a personal care assistance provider agency in a format determined
by the commissioner, information and documentation that includes, but is not limited to,
the following:

(1) the personal care assistance provider agency's current contact information
including address, telephone number, and e-mail address;

(2) proof of surety bond coverage in the amount of deleted text begin $50,000deleted text end new text begin $100,000new text end or ten percent
of the provider's payments from Medicaid in the previous year, whichever is deleted text begin lessdeleted text end new text begin greater.
The performance bond must also allow for recovery of costs and fees in pursuing a
claim on the bondnew text end ;

(3) proof of fidelity bond coverage in the amount of $20,000;

(4) proof of workers' compensation insurance coverage;

(5) proof of liability insurance;

(6) a description of the personal care assistance provider agency's organization
identifying the names of all owners, managing employees, staff, board of directors, and
the affiliations of the directors, owners, or staff to other service providers;

(7) a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of employees; training requirements; service delivery;
and employee and consumer safety including process for notification and resolution
of consumer grievances, identification and prevention of communicable diseases, and
employee misconduct;

(8) copies of all other forms the personal care assistance provider agency uses in
the course of daily business including, but not limited to:

(i) a copy of the personal care assistance provider agency's time sheet if the time
sheet varies from the standard time sheet for personal care assistance services approved
by the commissioner, and a letter requesting approval of the personal care assistance
provider agency's nonstandard time sheet;

(ii) the personal care assistance provider agency's template for the personal care
assistance care plan; and

(iii) the personal care assistance provider agency's template for the written
agreement in subdivision 20 for recipients using the personal care assistance choice
option, if applicable;

(9) a list of all training and classes that the personal care assistance provider agency
requires of its staff providing personal care assistance services;

(10) documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this section;

(11) documentation of the agency's marketing practices;

(12) disclosure of ownership, leasing, or management of all residential properties
that is used or could be used for providing home care services;

(13) documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance services
for employee personal care assistant wages and benefits: 72.5 percent of revenue in the
personal care assistance choice option and 72.5 percent of revenue from other personal
care assistance providers. The revenue generated by the qualified professional and the
reasonable costs associated with the qualified professional shall not be used in making
this calculation; and

(14) effective May 15, 2010, documentation that the agency does not burden
recipients' free exercise of their right to choose service providers by requiring personal
care assistants to sign an agreement not to work with any particular personal care
assistance recipient or for another personal care assistance provider agency after leaving
the agency and that the agency is not taking action on any such agreements or requirements
regardless of the date signed.

(b) Personal care assistance provider agencies shall provide the information specified
in paragraph (a) to the commissioner at the time the personal care assistance provider
agency enrolls as a vendor or upon request from the commissioner. The commissioner
shall collect the information specified in paragraph (a) from all personal care assistance
providers beginning July 1, 2009.

(c) All personal care assistance provider agencies shall require all employees in
management and supervisory positions and owners of the agency who are active in the
day-to-day management and operations of the agency to complete mandatory training
as determined by the commissioner before enrollment of the agency as a provider.
Employees in management and supervisory positions and owners who are active in
the day-to-day operations of an agency who have completed the required training as
an employee with a personal care assistance provider agency do not need to repeat
the required training if they are hired by another agency, if they have completed the
training within the past three years. By September 1, 2010, the required training must
be available with meaningful access according to title VI of the Civil Rights Act and
federal regulations adopted under that law or any guidance from the United States Health
and Human Services Department. The required training must be available online or by
electronic remote connection. The required training must provide for competency testing.
Personal care assistance provider agency billing staff shall complete training about
personal care assistance program financial management. This training is effective July 1,
2009. Any personal care assistance provider agency enrolled before that date shall, if it
has not already, complete the provider training within 18 months of July 1, 2009. Any new
owners or employees in management and supervisory positions involved in the day-to-day
operations are required to complete mandatory training as a requisite of working for the
agency. Personal care assistance provider agencies certified for participation in Medicare
as home health agencies are exempt from the training required in this subdivision. When
available, Medicare-certified home health agency owners, supervisors, or managers must
successfully complete the competency test.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

ARTICLE 6

2013 MANAGED CARE ORGANIZATIONS RATE CONFORMITY

Section 1.

Minnesota Statutes 2012, section 256.969, subdivision 3a, is amended to read:


Subd. 3a.

Payments.

(a) Acute care hospital billings under the medical
assistance program must not be submitted until the recipient is discharged. However,
the commissioner shall establish monthly interim payments for inpatient hospitals that
have individual patient lengths of stay over 30 days regardless of diagnostic category.
Except as provided in section 256.9693, medical assistance reimbursement for treatment
of mental illness shall be reimbursed based on diagnostic classifications. Individual
hospital payments established under this section and sections 256.9685, 256.9686, and
256.9695, in addition to third-party and recipient liability, for discharges occurring during
the rate year shall not exceed, in aggregate, the charges for the medical assistance covered
inpatient services paid for the same period of time to the hospital. This payment limitation
shall be calculated separately for medical assistance and general assistance medical
care services. The limitation on general assistance medical care shall be effective for
admissions occurring on or after July 1, 1991. Services that have rates established under
subdivision 11 or 12, must be limited separately from other services. After consulting with
the affected hospitals, the commissioner may consider related hospitals one entity and
may merge the payment rates while maintaining separate provider numbers. The operating
and property base rates per admission or per day shall be derived from the best Medicare
and claims data available when rates are established. The commissioner shall determine
the best Medicare and claims data, taking into consideration variables of recency of the
data, audit disposition, settlement status, and the ability to set rates in a timely manner.
The commissioner shall notify hospitals of payment rates by December 1 of the year
preceding the rate year. The rate setting data must reflect the admissions data used to
establish relative values. Base year changes from 1981 to the base year established for the
rate year beginning January 1, 1991, and for subsequent rate years, shall not be limited
to the limits ending June 30, 1987, on the maximum rate of increase under subdivision
1. The commissioner may adjust base year cost, relative value, and case mix index data
to exclude the costs of services that have been discontinued by the October 1 of the year
preceding the rate year or that are paid separately from inpatient services. Inpatient stays
that encompass portions of two or more rate years shall have payments established based
on payment rates in effect at the time of admission unless the date of admission preceded
the rate year in effect by six months or more. In this case, operating payment rates for
services rendered during the rate year in effect and established based on the date of
admission shall be adjusted to the rate year in effect by the hospital cost index.

(b) For fee-for-service admissions occurring on or after July 1, 2002, the total
payment, before third-party liability and spenddown, made to hospitals for inpatient
services is reduced by .5 percent from the current statutory rates.

(c) In addition to the reduction in paragraph (b), the total payment for fee-for-service
admissions occurring on or after July 1, 2003, made to hospitals for inpatient services
before third-party liability and spenddown, is reduced five percent from the current
statutory rates. Mental health services within diagnosis related groups 424 to 432, and
facilities defined under subdivision 16 are excluded from this paragraph.

(d) In addition to the reduction in paragraphs (b) and (c), the total payment for
fee-for-service admissions occurring on or after August 1, 2005, made to hospitals for
inpatient services before third-party liability and spenddown, is reduced 6.0 percent
from the current statutory rates. Mental health services within diagnosis related groups
424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph.
Notwithstanding section 256.9686, subdivision 7, for purposes of this paragraph, medical
assistance does not include general assistance medical care. Payments made to managed
care plans shall be reduced for services provided on or after January 1, 2006, to reflect
this reduction.

(e) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for
fee-for-service admissions occurring on or after July 1, 2008, through June 30, 2009, made
to hospitals for inpatient services before third-party liability and spenddown, is reduced
3.46 percent from the current statutory rates. Mental health services with diagnosis related
groups 424 to 432 and facilities defined under subdivision 16 are excluded from this
paragraph. Payments made to managed care plans shall be reduced for services provided
on or after January 1, 2009, through June 30, 2009, to reflect this reduction.

(f) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for
fee-for-service admissions occurring on or after July 1, 2009, through June 30, 2011, made
to hospitals for inpatient services before third-party liability and spenddown, is reduced
1.9 percent from the current statutory rates. Mental health services with diagnosis related
groups 424 to 432 and facilities defined under subdivision 16 are excluded from this
paragraph. Payments made to managed care plans shall be reduced for services provided
on or after July 1, 2009, through June 30, 2011, to reflect this reduction.

(g) In addition to the reductions in paragraphs (b), (c), and (d), the total payment
for fee-for-service admissions occurring on or after July 1, 2011, made to hospitals for
inpatient services before third-party liability and spenddown, is reduced 1.79 percent
from the current statutory rates. Mental health services with diagnosis related groups
424 to 432 and facilities defined under subdivision 16 are excluded from this paragraph.
Payments made to managed care plans shall be reduced for services provided on or after
July 1, 2011, to reflect this reduction.

(h) In addition to the reductions in paragraphs (b), (c), (d), (f), and (g), the total
payment for fee-for-service admissions occurring on or after July 1, 2009, made to
hospitals for inpatient services before third-party liability and spenddown, is reduced
one percent from the current statutory rates. Facilities defined under subdivision 16 are
excluded from this paragraph. Payments made to managed care plans shall be reduced for
services provided on or after October 1, 2009, to reflect this reduction.

(i) In addition to the reductions in paragraphs (b), (c), (d), (g), and (h), the total
payment for fee-for-service admissions occurring on or after July 1, 2011, made to
hospitals for inpatient services before third-party liability and spenddown, is reduced
1.96 percent from the current statutory rates. Facilities defined under subdivision 16 are
excluded from this paragraph. Payments made to managed care plans shall be reduced for
services provided on or after January 1, 2011, to reflect this reduction.

new text begin (j) For admissions occurring on or after January 1, 2014, the rate for inpatient
hospital services must be increased two percent from the rate in effect on December 31,
2013. Payments made to managed care plans shall not be adjusted to reflect payments
under this paragraph.
 new text end

Sec. 2.

Minnesota Statutes 2012, section 256B.0625, subdivision 17a, is amended to
read:


Subd. 17a.

Payment for ambulance services.

(a) Medical assistance covers
ambulance services. Providers shall bill ambulance services according to Medicare
criteria. Nonemergency ambulance services shall not be paid as emergencies. Effective
for services rendered on or after July 1, 2001, medical assistance payments for ambulance
services shall be paid at the Medicare reimbursement rate or at the medical assistance
payment rate in effect on July 1, 2000, whichever is greater.

(b) Effective for services provided on or after September 1, 2011, ambulance
services payment rates are reduced 4.5 percent. Payments made to managed care plans
and county-based purchasing plans must be reduced for services provided on or after
January 1, 2012, to reflect this reduction.

new text begin (c) Effective for services provided on or after January 1, 2014, ambulance services
payment rates are increased by three percent over the rates in effect on December 31,
2013. Payments made to managed care plans shall not be adjusted to reflect payments
under this paragraph.
 new text end

Sec. 3.

Minnesota Statutes 2012, section 256B.69, subdivision 5c, is amended to read:


Subd. 5c.

Medical education and research fund.

(a) The commissioner of human
services shall transfer each year to the medical education and research fund established
under section 62J.692, an amount specified in this subdivision. The commissioner shall
calculate the following:

(1) an amount equal to the reduction in the prepaid medical assistance payments as
specified in this clause. Until January 1, 2002, the county medical assistance capitation
base rate prior to plan specific adjustments and after the regional rate adjustments under
subdivision 5b is reduced 6.3 percent for Hennepin County, two percent for the remaining
metropolitan counties, and no reduction for nonmetropolitan Minnesota counties; and after
January 1, 2002, the county medical assistance capitation base rate prior to plan specific
adjustments is reduced 6.3 percent for Hennepin County, two percent for the remaining
metropolitan counties, and 1.6 percent for nonmetropolitan Minnesota counties. Nursing
facility and elderly waiver payments and demonstration project payments operating
under subdivision 23 are excluded from this reduction. The amount calculated under
this clause shall not be adjusted for periods already paid due to subsequent changes to
the capitation payments;

(2) beginning July 1, 2003, $4,314,000 from the capitation rates paid under this
section;

(3) beginning July 1, 2002, an additional $12,700,000 from the capitation rates
paid under this section; and

(4) beginning July 1, 2003, an additional $4,700,000 from the capitation rates paid
under this section.

(b) This subdivision shall be effective upon approval of a federal waiver which
allows federal financial participation in the medical education and research fund. The
amount specified under paragraph (a), clauses (1) to (4), shall not exceed the total amount
transferred for fiscal year 2009. Any excess shall first reduce the amounts specified under
paragraph (a), clauses (2) to (4). Any excess following this reduction shall proportionally
reduce the amount specified under paragraph (a), clause (1).

(c) Beginning September 1, 2011, of the amount in paragraph (a), the commissioner
shall transfer $21,714,000 each fiscal year to the medical education and research fund.

(d) Beginning September 1, 2011, of the amount in paragraph (a), following the
transfer under paragraph (c), the commissioner shall transfer to the medical education
research fund $23,936,000 in fiscal years 2012 and 2013 and deleted text begin $36,744,000deleted text end new text begin $49,552,000new text end in
fiscal year 2014 and thereafter.

Sec. 4.

Minnesota Statutes 2012, section 256B.69, subdivision 31, is amended to read:


Subd. 31.

Payment reduction.

(a) Beginning September 1, 2011, the commissioner
shall reduce payments and limit future rate increases paid to managed care plans and
county-based purchasing plans. The limits in paragraphs (a) to (f) shall be achieved
on a statewide aggregate basis by program. The commissioner may use competitive
bidding, payment reductions, or other reductions to achieve the reductions and limits
in this subdivision.

(b) Beginning September 1, 2011, the commissioner shall reduce payments to
managed care plans and county-based purchasing plans as follows:

(1) 2.0 percent for medical assistance elderly basic care. This shall not apply
to Medicare cost-sharing, nursing facility, personal care assistance, and elderly waiver
services;

(2) 2.82 percent for medical assistance families and children;

(3) 10.1 percent for medical assistance adults without children; and

(4) 6.0 percent for MinnesotaCare families and children.

(c) Beginning January 1, 2012, the commissioner shall limit rates paid to managed
care plans and county-based purchasing plans for calendar year 2012 to a percentage of
the rates in effect on August 31, 2011, as follows:

(1) 98 percent for medical assistance elderly basic care. This shall not apply to
Medicare cost-sharing, nursing facility, personal care assistance, and elderly waiver
services;

(2) 97.18 percent for medical assistance families and children;

(3) 89.9 percent for medical assistance adults without children; and

(4) 94 percent for MinnesotaCare families and children.

(d) Beginning January 1, 2013, to December 31, 2013, the commissioner shall limit
the maximum annual trend deleted text begin increasesdeleted text end new text begin changesnew text end to rates paid to managed care plans and
county-based purchasing plans as follows:

(1) deleted text begin 7.5deleted text end new text begin 5.4new text end percent for medical assistance elderly basic care. This shall not apply
to deleted text begin Medicare cost-sharing, nursing facility, personal care assistance, anddeleted text end elderly waiver
services;

(2) deleted text begin 5.0deleted text end new text begin 0.0new text end percent for medical assistance special needs basic care;

(3) deleted text begin 2.0deleted text end new text begin 0.0new text end percent for medical assistance families and children;

(4) deleted text begin 3.0deleted text end new text begin -5.1new text end percent for medical assistance adults without children;

(5) deleted text begin 3.0deleted text end new text begin 2.7new text end percent for MinnesotaCare families and children; and

(6) deleted text begin 3.0deleted text end new text begin 11.4new text end percent for MinnesotaCare adults without children.

(e) The commissioner may limit trend increases to less than the maximum.
Beginning July 1, 2014, the commissioner shall limit the maximum annual trend increases
to rates paid to managed care plans and county-based purchasing plans as follows for
calendar years 2014 and 2015:

(1) 7.5 percent for medical assistance elderly basic care. This shall not apply
to Medicare cost-sharing, nursing facility, personal care assistance, and elderly waiver
services;

(2) 5.0 percent for medical assistance special needs basic care;

(3) 2.0 percent for medical assistance families and children;

(4) 3.0 percent for medical assistance adults without children;

(5) 3.0 percent for MinnesotaCare families and children; and

(6) 4.0 percent for MinnesotaCare adults without children.

The commissioner may limit trend increases to less than the maximum.

Sec. 5.

Minnesota Statutes 2012, section 256B.76, subdivision 1, is amended to read:


Subdivision 1.

Physician reimbursement.

(a) Effective for services rendered on
or after October 1, 1992, the commissioner shall make payments for physician services
as follows:

(1) payment for level one Centers for Medicare and Medicaid Services' common
procedural coding system codes titled "office and other outpatient services," "preventive
medicine new and established patient," "delivery, antepartum, and postpartum care,"
"critical care," cesarean delivery and pharmacologic management provided to psychiatric
patients, and level three codes for enhanced services for prenatal high risk, shall be paid
at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June
30, 1992. If the rate on any procedure code within these categories is different than the
rate that would have been paid under the methodology in section 256B.74, subdivision 2,
then the larger rate shall be paid;

(2) payments for all other services shall be paid at the lower of (i) submitted charges,
or (ii) 15.4 percent above the rate in effect on June 30, 1992; and

(3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above increases
except that payment rates for home health agency services shall be the rates in effect
on September 30, 1992.

(b) Effective for services rendered on or after January 1, 2000, payment rates for
physician and professional services shall be increased by three percent over the rates
in effect on December 31, 1999, except for home health agency and family planning
agency services. The increases in this paragraph shall be implemented January 1, 2000,
for managed care.

(c) Effective for services rendered on or after July 1, 2009, payment rates for
physician and professional services shall be reduced by five percent, except that for the
period July 1, 2009, through June 30, 2010, payment rates shall be reduced by 6.5 percent
for the medical assistance and general assistance medical care programs, over the rates in
effect on June 30, 2009. This reduction and the reductions in paragraph (d) do not apply
to office or other outpatient visits, preventive medicine visits and family planning visits
billed by physicians, advanced practice nurses, or physician assistants in a family planning
agency or in one of the following primary care practices: general practice, general internal
medicine, general pediatrics, general geriatrics, and family medicine. This reduction
and the reductions in paragraph (d) do not apply to federally qualified health centers,
rural health centers, and Indian health services. Effective October 1, 2009, payments
made to managed care plans and county-based purchasing plans under sections 256B.69,
256B.692, and 256L.12 shall reflect the payment reduction described in this paragraph.

(d) Effective for services rendered on or after July 1, 2010, payment rates for
physician and professional services shall be reduced an additional seven percent over
the five percent reduction in rates described in paragraph (c). This additional reduction
does not apply to physical therapy services, occupational therapy services, and speech
pathology and related services provided on or after July 1, 2010. This additional reduction
does not apply to physician services billed by a psychiatrist or an advanced practice nurse
with a specialty in mental health. Effective October 1, 2010, payments made to managed
care plans and county-based purchasing plans under sections 256B.69, 256B.692, and
256L.12 shall reflect the payment reduction described in this paragraph.

(e) Effective for services rendered on or after September 1, 2011, through June 30,
2013, payment rates for physician and professional services shall be reduced three percent
from the rates in effect on August 31, 2011. This reduction does not apply to physical
therapy services, occupational therapy services, and speech pathology and related services.

new text begin (f) Effective for services rendered on or after January 1, 2014, payment rates for
physician and professional services, including physical therapy, occupational therapy,
speech pathology, and mental health services shall be increased by five percent from the
rates in effect on December 31, 2013. This increase does not apply to federally qualified
health centers, rural health centers, and Indian health services. Payments made to managed
care plans shall not be adjusted to reflect payments under this paragraph.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 256B.76, subdivision 2, is amended to read:


Subd. 2.

Dental reimbursement.

(a) Effective for services rendered on or after
October 1, 1992, the commissioner shall make payments for dental services as follows:

(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25
percent above the rate in effect on June 30, 1992; and

(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above increases.

(b) Beginning October 1, 1999, the payment for tooth sealants and fluoride treatments
shall be the lower of (1) submitted charge, or (2) 80 percent of median 1997 charges.

(c) Effective for services rendered on or after January 1, 2000, payment rates for
dental services shall be increased by three percent over the rates in effect on December
31, 1999.

(d) Effective for services provided on or after January 1, 2002, payment for
diagnostic examinations and dental x-rays provided to children under age 21 shall be the
lower of (1) the submitted charge, or (2) 85 percent of median 1999 charges.

(e) The increases listed in paragraphs (b) and (c) shall be implemented January 1,
2000, for managed care.

(f) Effective for dental services rendered on or after October 1, 2010, by a
state-operated dental clinic, payment shall be paid on a reasonable cost basis that is based
on the Medicare principles of reimbursement. This payment shall be effective for services
rendered on or after January 1, 2011, to recipients enrolled in managed care plans or
county-based purchasing plans.

(g) Beginning in fiscal year 2011, if the payments to state-operated dental clinics
in paragraph (f), including state and federal shares, are less than $1,850,000 per fiscal
year, a supplemental state payment equal to the difference between the total payments
in paragraph (f) and $1,850,000 shall be paid from the general fund to state-operated
services for the operation of the dental clinics.

(h) If the cost-based payment system for state-operated dental clinics described in
paragraph (f) does not receive federal approval, then state-operated dental clinics shall be
designated as critical access dental providers under subdivision 4, paragraph (b), and shall
receive the critical access dental reimbursement rate as described under subdivision 4,
paragraph (a).

(i) Effective for services rendered on or after September 1, 2011, through June 30,
2013, payment rates for dental services shall be reduced by three percent. This reduction
does not apply to state-operated dental clinics in paragraph (f).

new text begin (j) Effective for services rendered on or after January 1, 2014, payment rates for
dental services shall be increased by five percent from the rates in effect on December
31, 2013. This increase does not apply to state-operated dental clinics in paragraph (f),
federally qualified health centers, rural health centers, and Indian health services. Effective
January 1, 2014, payments made to managed care plans and county-based purchasing
plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment increase
described in this paragraph.
 new text end

Sec. 7.

Minnesota Statutes 2012, section 256B.761, is amended to read:


256B.761 REIMBURSEMENT FOR MENTAL HEALTH SERVICES.

(a) Effective for services rendered on or after July 1, 2001, payment for medication
management provided to psychiatric patients, outpatient mental health services, day
treatment services, home-based mental health services, and family community support
services shall be paid at the lower of (1) submitted charges, or (2) 75.6 percent of the
50th percentile of 1999 charges.

(b) Effective July 1, 2001, the medical assistance rates for outpatient mental health
services provided by an entity that operates: (1) a Medicare-certified comprehensive
outpatient rehabilitation facility; and (2) a facility that was certified prior to January 1,
1993, with at least 33 percent of the clients receiving rehabilitation services in the most
recent calendar year who are medical assistance recipients, will be increased by 38 percent,
when those services are provided within the comprehensive outpatient rehabilitation
facility and provided to residents of nursing facilities owned by the entity.

(c) The commissioner shall establish three levels of payment for mental health
diagnostic assessment, based on three levels of complexity. The aggregate payment under
the tiered rates must not exceed the projected aggregate payments for mental health
diagnostic assessment under the previous single rate. The new rate structure is effective
January 1, 2011, or upon federal approval, whichever is later.

new text begin (d) Effective for services rendered on or after January 1, 2014, payment rates for
outpatient mental health services shall be increased by five percent over the rates in effect
on December 31, 2013. Payments made to managed care plans shall not be adjusted
to reflect payments under this paragraph.
 new text end

Sec. 8.

Minnesota Statutes 2012, section 256B.766, is amended to read:


256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.

(a) Effective for services provided on or after July 1, 2009, total payments for basic
care services, shall be reduced by three percent, except that for the period July 1, 2009,
through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical
assistance and general assistance medical care programs, prior to third-party liability and
spenddown calculation. Effective July 1, 2010, the commissioner shall classify physical
therapy services, occupational therapy services, and speech-language pathology and
related services as basic care services. The reduction in this paragraph shall apply to
physical therapy services, occupational therapy services, and speech-language pathology
and related services provided on or after July 1, 2010.

(b) Payments made to managed care plans and county-based purchasing plans shall
be reduced for services provided on or after October 1, 2009, to reflect the reduction
effective July 1, 2009, and payments made to the plans shall be reduced effective October
1, 2010, to reflect the reduction effective July 1, 2010.

(c) Effective for services provided on or after September 1, 2011, through June 30,
2013, total payments for outpatient hospital facility fees shall be reduced by five percent
from the rates in effect on August 31, 2011.

(d) Effective for services provided on or after September 1, 2011, through June
30, 2013, total payments for ambulatory surgery centers facility fees, medical supplies
and durable medical equipment not subject to a volume purchase contract, prosthetics
and orthotics, renal dialysis services, laboratory services, public health nursing services,
physical therapy services, occupational therapy services, speech therapy services,
eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume
purchase contract,new text begin and new text end anesthesia servicesdeleted text begin , and hospice servicesdeleted text end shall be reduced by three
percent from the rates in effect on August 31, 2011.

new text begin (e) Effective for services provided on or after January 1, 2014, payments for
ambulatory surgery centers facility fees, medical supplies and durable medical equipment
not subject to a volume purchase contract, prosthetics and orthotics, hospice services,
renal dialysis services, laboratory services, public health nursing services, eyeglasses not
subject to a volume purchase contract, and hearing aids not subject to a volume purchase
contract shall be increased by three percent and payments for outpatient hospital facility
fees shall be increased by five percent. Payments made to managed care plans shall not be
adjusted to reflect payments under this paragraph.
 new text end

deleted text begin (e)deleted text end new text begin (f)new text end This section does not apply to physician and professional services, inpatient
hospital services, family planning services, mental health services, dental services,
prescription drugs, medical transportation, federally qualified health centers, rural health
centers, Indian health services, and Medicare cost-sharing.

ARTICLE 7

HEALTH CARE

Section 1.

Minnesota Statutes 2012, section 256B.06, subdivision 4, is amended to read:


Subd. 4.

Citizenship requirements.

(a) Eligibility for medical assistance is limited
to citizens of the United States, qualified noncitizens as defined in this subdivision, and
other persons residing lawfully in the United States. Citizens or nationals of the United
States must cooperate in obtaining satisfactory documentary evidence of citizenship or
nationality according to the requirements of the federal Deficit Reduction Act of 2005,
Public Law 109-171.

(b) "Qualified noncitizen" means a person who meets one of the following
immigration criteria:

(1) admitted for lawful permanent residence according to United States Code, title 8;

(2) admitted to the United States as a refugee according to United States Code,
title 8, section 1157;

(3) granted asylum according to United States Code, title 8, section 1158;

(4) granted withholding of deportation according to United States Code, title 8,
section 1253(h);

(5) paroled for a period of at least one year according to United States Code, title 8,
section 1182(d)(5);

(6) granted conditional entrant status according to United States Code, title 8,
section 1153(a)(7);

(7) determined to be a battered noncitizen by the United States Attorney General
according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;

(8) is a child of a noncitizen determined to be a battered noncitizen by the United
States Attorney General according to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill,
Public Law 104-200; or

(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
Law 96-422, the Refugee Education Assistance Act of 1980.

(c) All qualified noncitizens who were residing in the United States before August
22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation.

(d) Beginning December 1, 1996, qualified noncitizens who entered the United
States on or after August 22, 1996, and who otherwise meet the eligibility requirements
of this chapter are eligible for medical assistance with federal participation for five years
if they meet one of the following criteria:

(1) refugees admitted to the United States according to United States Code, title 8,
section 1157;

(2) persons granted asylum according to United States Code, title 8, section 1158;

(3) persons granted withholding of deportation according to United States Code,
title 8, section 1253(h);

(4) veterans of the United States armed forces with an honorable discharge for
a reason other than noncitizen status, their spouses and unmarried minor dependent
children; or

(5) persons on active duty in the United States armed forces, other than for training,
their spouses and unmarried minor dependent children.

Beginning July 1, 2010, children and pregnant women who are noncitizens
described in paragraph (b) or who are lawfully present in the United States as defined
in Code of Federal Regulations, title 8, section 103.12, and who otherwise meet
eligibility requirements of this chapter, are eligible for medical assistance with federal
financial participation as provided by the federal Children's Health Insurance Program
Reauthorization Act of 2009, Public Law 111-3.

(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter
are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this
subdivision, a "nonimmigrant" is a person in one of the classes listed in United States
Code, title 8, section 1101(a)(15).

(f) Payment shall also be made for care and services that are furnished to noncitizens,
regardless of immigration status, who otherwise meet the eligibility requirements of
this chapter, if such care and services are necessary for the treatment of an emergency
medical condition.

(g) For purposes of this subdivision, the term "emergency medical condition" means
a medical condition that meets the requirements of United States Code, title 42, section
1396b(v).

(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment
of an emergency medical condition are limited to the following:

(i) services delivered in an emergency room or by an ambulance service licensed
under chapter 144E that are directly related to the treatment of an emergency medical
condition;

(ii) services delivered in an inpatient hospital setting following admission from an
emergency room or clinic for an acute emergency condition; and

(iii) follow-up services that are directly related to the original service provided
to treat the emergency medical condition and are covered by the global payment made
to the provider.

(2) Services for the treatment of emergency medical conditions do not include:

(i) services delivered in an emergency room or inpatient setting to treat a
nonemergency condition;

(ii) organ transplants, stem cell transplants, and related care;

(iii) services for routine prenatal care;

(iv) continuing care, including long-term care, nursing facility services, home health
care, adult day care, day training, or supportive living services;

(v) elective surgery;

(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as
part of an emergency room visit;

(vii) preventative health care and family planning services;

deleted text begin (viii) dialysis;
 deleted text end

deleted text begin (ix) chemotherapy or therapeutic radiation services;
 deleted text end

deleted text begin (x)deleted text end new text begin (viii)new text end rehabilitation services;

deleted text begin (xi)deleted text end new text begin (ix)new text end physical, occupational, or speech therapy;

deleted text begin (xii)deleted text end new text begin (x)new text end transportation services;

deleted text begin (xiii)deleted text end new text begin (xi)new text end case management;

deleted text begin (xiv)deleted text end new text begin (xii)new text end prosthetics, orthotics, durable medical equipment, or medical supplies;

deleted text begin (xv)deleted text end new text begin (xiii)new text end dental services;

deleted text begin (xvi)deleted text end new text begin (xiv)new text end hospice care;

deleted text begin (xvii)deleted text end new text begin (xv)new text end audiology services and hearing aids;

deleted text begin (xviii)deleted text end new text begin (xvi)new text end podiatry services;

deleted text begin (xix)deleted text end new text begin (xvii)new text end chiropractic services;

deleted text begin (xx)deleted text end new text begin (xviii)new text end immunizations;

deleted text begin (xxi)deleted text end new text begin (xix)new text end vision services and eyeglasses;

deleted text begin (xxii)deleted text end new text begin (xx)new text end waiver services;

deleted text begin (xxiii)deleted text end new text begin (xxi)new text end individualized education programs; or

deleted text begin (xxiv)deleted text end new text begin (xxii)new text end chemical dependency treatment.

(i) Beginning July 1, 2009, pregnant noncitizens who are undocumented,
nonimmigrants, or lawfully present in the United States as defined in Code of Federal
Regulations, title 8, section 103.12, are not covered by a group health plan or health
insurance coverage according to Code of Federal Regulations, title 42, section 457.310,
and who otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance through the period of pregnancy, including labor and delivery, and 60
days postpartum, to the extent federal funds are available under title XXI of the Social
Security Act, and the state children's health insurance program.

(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation
services from a nonprofit center established to serve victims of torture and are otherwise
ineligible for medical assistance under this chapter are eligible for medical assistance
without federal financial participation. These individuals are eligible only for the period
during which they are receiving services from the center. Individuals eligible under this
paragraph shall not be required to participate in prepaid medical assistance.

new text begin (k) Notwithstanding paragraph (h), clause (2), the following services are covered as
emergency medical conditions under paragraph (f) except where coverage is prohibited
under federal law:
 new text end

new text begin (1) dialysis services provided in a hospital or freestanding dialysis facility; and
 new text end

new text begin (2) surgery and the administration of chemotherapy, radiation, and related services
necessary to treat cancer if the recipient has a cancer diagnosis that is not in remission
and requires surgery, chemotherapy, or radiation treatment.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
 new text end

Sec. 2.

Minnesota Statutes 2012, section 256B.0625, subdivision 13e, is amended to
read:


Subd. 13e.

Payment rates.

(a) The basis for determining the amount of payment
shall be the lower of the actual acquisition costs of the drugs or the maximum allowable
cost by the commissioner plus the fixed dispensing fee; or the usual and customary price
charged to the public. The amount of payment basis must be reduced to reflect all discount
amounts applied to the charge by any provider/insurer agreement or contract for submitted
charges to medical assistance programs. The net submitted charge may not be greater
than the patient liability for the service. The pharmacy dispensing fee shall be $3.65,
except that the dispensing fee for intravenous solutions which must be compounded by
the pharmacist shall be $8 per bag, $14 per bag for cancer chemotherapy products, and
$30 per bag for total parenteral nutritional products dispensed in one liter quantities,
or $44 per bag for total parenteral nutritional products dispensed in quantities greater
than one liter. Actual acquisition cost includes quantity and other special discounts
except time and cash discounts. The actual acquisition cost of a drug shall be estimated
by the commissioner at wholesale acquisition cost plus four percent for independently
owned pharmacies located in a designated rural area within Minnesota, and at wholesale
acquisition cost plus two percent for all other pharmacies. A pharmacy is "independently
owned" if it is one of four or fewer pharmacies under the same ownership nationally.
A "designated rural area" means an area defined as a small rural area or isolated rural
area according to the four-category classification of the Rural Urban Commuting Area
system developed for the United States Health Resources and Services Administration.
new text begin The actual acquisition cost of a drug acquired through the federal 340B Drug Pricing
Program shall be estimated by the commissioner at wholesale acquisition cost minus 44
percent. new text end Wholesale acquisition cost is defined as the manufacturer's list price for a drug or
biological to wholesalers or direct purchasers in the United States, not including prompt
pay or other discounts, rebates, or reductions in price, for the most recent month for which
information is available, as reported in wholesale price guides or other publications of
drug or biological pricing data. The maximum allowable cost of a multisource drug may
be set by the commissioner and it shall be comparable to, but no higher than, the maximum
amount paid by other third-party payors in this state who have maximum allowable cost
programs. Establishment of the amount of payment for drugs shall not be subject to the
requirements of the Administrative Procedure Act.

(b) An additional dispensing fee of $.30 may be added to the dispensing fee paid
to pharmacists for legend drug prescriptions dispensed to residents of long-term care
facilities when a unit dose blister card system, approved by the department, is used. Under
this type of dispensing system, the pharmacist must dispense a 30-day supply of drug. The
National Drug Code (NDC) from the drug container used to fill the blister card must be
identified on the claim to the department. The unit dose blister card containing the drug
must meet the packaging standards set forth in Minnesota Rules, part 6800.2700, that
govern the return of unused drugs to the pharmacy for reuse. The pharmacy provider will
be required to credit the department for the actual acquisition cost of all unused drugs that
are eligible for reuse. The commissioner may permit the drug clozapine to be dispensed in
a quantity that is less than a 30-day supply.

(c) Whenever a maximum allowable cost has been set for a multisource drug,
payment shall be the lower of the usual and customary price charged to the public or the
maximum allowable cost established by the commissioner unless prior authorization
for the brand name product has been granted according to the criteria established by
the Drug Formulary Committee as required by subdivision 13f, paragraph (a), and the
prescriber has indicated "dispense as written" on the prescription in a manner consistent
with section 151.21, subdivision 2.

(d) The basis for determining the amount of payment for drugs administered in an
outpatient setting shall be the lower of the usual and customary cost submitted by the
provider deleted text begin ordeleted text end new text begin ,new text end 106 percent of the average sales price as determined by the United States
Department of Health and Human Services pursuant to title XVIII, section 1847a of the
federal Social Security Actnew text begin , the specialty pharmacy rate, or the maximum allowable cost
set by the commissionernew text end . If average sales price is unavailable, the amount of payment
must be lower of the usual and customary cost submitted by the provider deleted text begin ordeleted text end new text begin ,new text end the wholesale
acquisition costnew text begin , the specialty pharmacy rate, or the maximum allowable cost set by the
commissioner. For drugs purchased through the federal 340B Drug Discount Program, the
amount of payment shall be the lower of the usual and customary cost, wholesale cost
minus 44 percent, the specialty pharmacy rate, or the maximum allowable cost set by the
commissioner. The payment for drugs administered in an outpatient setting shall be made
to the administering facility or practitioner. A retail or specialty pharmacy dispensing a
drug for administration in an outpatient setting is not eligible for direct reimbursementnew text end .

(e) The commissioner may negotiate lower reimbursement rates for specialty
pharmacy products than the rates specified in paragraph (a). The commissioner may
require individuals enrolled in the health care programs administered by the department
to obtain specialty pharmacy products from providers with whom the commissioner has
negotiated lower reimbursement rates. Specialty pharmacy products are defined as those
used by a small number of recipients or recipients with complex and chronic diseases
that require expensive and challenging drug regimens. Examples of these conditions
include, but are not limited to: multiple sclerosis, HIV/AIDS, transplantation, hepatitis
C, growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms
of cancer. Specialty pharmaceutical products include injectable and infusion therapies,
biotechnology drugs, antihemophilic factor products, high-cost therapies, and therapies
that require complex care. The commissioner shall consult with the formulary committee
to develop a list of specialty pharmacy products subject to this paragraph. In consulting
with the formulary committee in developing this list, the commissioner shall take into
consideration the population served by specialty pharmacy products, the current delivery
system and standard of care in the state, and access to care issues. The commissioner shall
have the discretion to adjust the reimbursement rate to prevent access to care issues.

(f) Home infusion therapy services provided by home infusion therapy pharmacies
must be paid at rates according to subdivision 8d.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 3.

Minnesota Statutes 2012, section 256B.0625, is amended by adding a
subdivision to read:


new text begin Subd. 31b. new text end

new text begin Preferred diabetic testing supply program. new text end

new text begin (a) The commissioner
shall adopt and implement a point of sale preferred diabetic testing supply program by
January 1, 2014. Medical assistance coverage for diabetic testing supplies shall conform
to the limitations established under the program. The commissioner may enter into a
contract with a vendor for the purpose of participating in a preferred diabetic testing
supply list and supplemental rebate program. The commissioner shall ensure that any
contract meets all federal requirements and maximizes federal financial participation. The
commissioner shall maintain an accurate and up-to-date list on the agency Web site.
 new text end

new text begin (b) The commissioner may add to, delete from, and otherwise modify the preferred
diabetic testing supply program drug list after consulting with the Drug Formulary
Committee and appropriate medial specialists and providing public notice and the
opportunity for public comment.
 new text end

new text begin (c) The commissioner shall adopt and administer the preferred diabetic testing
supply program as part of the administration of the diabetic testing supply rebate program.
Reimbursement for diabetic testing supplies not on the preferred diabetic testing supply
list may be subject to prior authorization.
 new text end

new text begin (d) All claims for diabetic testing supplies in categories on the preferred diabetic
testing supply list must be submitted by enrolled pharmacy providers using the most
current National Council of Prescription Drug Providers electronic claims standard.
 new text end

new text begin (e) For purposes of this subdivision, "preferred diabetic testing supply list" means a
list of diabetic testing supplies selected by the commissioner, for which prior authorization
is not required.
 new text end

new text begin (f) The commissioner shall seek any federal waivers or approvals necessary to
implement this subdivision.
 new text end

Sec. 4.

Minnesota Statutes 2012, section 256B.0625, subdivision 58, is amended to read:


Subd. 58.

Early and periodic screening, diagnosis, and treatment services.

Medical assistance covers early and periodic screening, diagnosis, and treatment services
(EPSDT). The payment amount for a complete EPSDT screening new text begin shall not include charges
for vaccines that are available at no cost to the provider and new text end shall not exceed the rate
established per Minnesota Rules, part 9505.0445, item M, effective October 1, 2010.

ARTICLE 8

CONTINUING CARE

Section 1.

Minnesota Statutes 2012, section 245A.03, subdivision 7, is amended to read:


Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an
initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
9555.6265, under this chapter for a physical location that will not be the primary residence
of the license holder for the entire period of licensure. If a license is issued during this
moratorium, and the license holder changes the license holder's primary residence away
from the physical location of the foster care license, the commissioner shall revoke the
license according to section 245A.07. Exceptions to the moratorium include:

(1) foster care settings that are required to be registered under chapter 144D;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
and determined to be needed by the commissioner under paragraph (b);

(3) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center, or
restructuring of state-operated services that limits the capacity of state-operated facilitiesnew text begin ,
or, allowing movement to the community for people who no longer require the level of
care provided in state-operated facilities as provided under section 256B.092, subdivision
13, or 256B.49, subdivision 24new text end ;

(4) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for persons requiring hospital level care; or

(5) new foster care licenses determined to be needed by the commissioner for the
transition of people from personal care assistance to the home and community-based
services.

(b) The commissioner shall determine the need for newly licensed foster care homes
as defined under this subdivision. As part of the determination, the commissioner shall
consider the availability of foster care capacity in the area in which the licensee seeks to
operate, and the recommendation of the local county board. The determination by the
commissioner must be final. A determination of need is not required for a change in
ownership at the same address.

deleted text begin (c) The commissioner shall study the effects of the license moratorium under this
subdivision and shall report back to the legislature by January 15, 2011. This study shall
include, but is not limited to the following:
 deleted text end

deleted text begin (1) the overall capacity and utilization of foster care beds where the physical location
is not the primary residence of the license holder prior to and after implementation
of the moratorium;
 deleted text end

deleted text begin (2) the overall capacity and utilization of foster care beds where the physical
location is the primary residence of the license holder prior to and after implementation
of the moratorium; and
 deleted text end

deleted text begin (3) the number of licensed and occupied ICF/MR beds prior to and after
implementation of the moratorium.
 deleted text end

deleted text begin (d)deleted text end new text begin (c)new text end When a foster care recipient moves out of a foster home that is not the primary
residence of the license holder according to section 256B.49, subdivision 15, paragraph
(f), the county shall immediately inform the Department of Human Services Licensing
Division. The department shall decrease the statewide licensed capacity for foster care
settings where the physical location is not the primary residence of the license holder, if
the voluntary changes described in paragraph deleted text begin (f)deleted text end new text begin (e)new text end are not sufficient to meet the savings
required by reductions in licensed bed capacity under Laws 2011, First Special Session
chapter 9, article 7, sections 1 and 40, paragraph (f), and maintain statewide long-term
care residential services capacity within budgetary limits. Implementation of the statewide
licensed capacity reduction shall begin on July 1, 2013. The commissioner shall delicense
up to 128 beds by June 30, 2014, using the needs determination process. Under this
paragraph, the commissioner has the authority to reduce unused licensed capacity of a
current foster care program to accomplish the consolidation or closure of settings.new text begin Under
this paragraph, the commissioner has the authority to manage statewide capacity, including
adjusting the capacity available to each county, and adjusting statewide available capacity,
to meet the statewide needs identified through the process in paragraph (e).new text end A decreased
licensed capacity according to this paragraph is not subject to appeal under this chapter.

deleted text begin (e)deleted text end new text begin (d)new text end Residential settings that would otherwise be subject to the decreased license
capacity established in paragraph deleted text begin (d)deleted text end new text begin (c)new text end shall be exempt under the following circumstances:

(1) until August 1, 2013, the license holder's beds occupied by residents whose
primary diagnosis is mental illness and the license holder is:

(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental
health services (ARMHS) as defined in section 256B.0623;

(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to
9520.0870;

(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to
9520.0870; or

(iv) a provider of intensive residential treatment services (IRTS) licensed under
Minnesota Rules, parts 9520.0500 to 9520.0670; or

(2) the license holder is certified under the requirements in subdivision 6a.

deleted text begin (f)deleted text end new text begin (e)new text end A resource need determination process, managed at the state level, using the
available reports required by section 144A.351, and other data and information shall
be used to determine where the reduced capacity required under paragraph deleted text begin (d)deleted text end new text begin (c)new text end will
be implemented. The commissioner shall consult with the stakeholders described in
section 144A.351, and employ a variety of methods to improve the state's capacity to
meet long-term care service needs within budgetary limits, including seeking proposals
from service providers or lead agencies to change service type, capacity, or location to
improve services, increase the independence of residents, and better meet needs identified
by the long-term care services reports and statewide data and information. By February
1 of deleted text begin eachdeleted text end new text begin 2013 and August 1 of 2014 and each followingnew text end year, the commissioner shall
provide information and data on the overall capacity of licensed long-term care services,
actions taken under this subdivision to manage statewide long-term care services and
supports resources, and any recommendations for change to the legislative committees
with jurisdiction over health and human services budget.

deleted text begin (g)deleted text end new text begin (f)new text end At the time of application and reapplication for licensure, the applicant and the
license holder that are subject to the moratorium or an exclusion established in paragraph
(a) are required to inform the commissioner whether the physical location where the foster
care will be provided is or will be the primary residence of the license holder for the entire
period of licensure. If the primary residence of the applicant or license holder changes, the
applicant or license holder must notify the commissioner immediately. The commissioner
shall print on the foster care license certificate whether or not the physical location is the
primary residence of the license holder.

deleted text begin (h)deleted text end new text begin (g)new text end License holders of foster care homes identified under paragraph deleted text begin (g)deleted text end new text begin (f)new text end that
are not the primary residence of the license holder and that also provide services in the
foster care home that are covered by a federally approved home and community-based
services waiver, as authorized under section 256B.0915, 256B.092, or 256B.49, must
inform the human services licensing division that the license holder provides or intends to
provide these waiver-funded services. These license holders must be considered registered
under section 256B.092, subdivision 11, paragraph (c), and this registration status must
be identified on their license certificates.

Sec. 2.

new text begin [256.478] HOME AND COMMUNITY-BASED SERVICES
TRANSITIONS GRANTS.
 new text end

new text begin The commissioner shall make available home and community-based services
transition grants to serve individuals who do not meet eligibility criteria for the medical
assistance program under section 256B.056 or 256B.057, but who otherwise meet the
criteria under section 256B.092, subdivision 13, or 256B.49, subdivision 24.
 new text end

Sec. 3.

Minnesota Statutes 2012, section 256B.0911, subdivision 4d, is amended to read:


Subd. 4d.

Preadmission screening of individuals under 65 years of age.

(a)
It is the policy of the state of Minnesota to ensure that individuals with disabilities or
chronic illness are served in the most integrated setting appropriate to their needs and have
the necessary information to make informed choices about home and community-based
service options.

(b) Individuals under 65 years of age who are admitted to a nursing facility from a
hospital must be screened prior to admission as outlined in subdivisions 4a through 4c.

(c) Individuals under 65 years of age who are admitted to nursing facilities with
only a telephone screening must receive a face-to-face assessment from the long-term
care consultation team member of the county in which the facility is located or from the
recipient's county case manager within 40 calendar days of admission.

(d) Individuals under 65 years of age who are admitted to a nursing facility
without preadmission screening according to the exemption described in subdivision 4b,
paragraph (a), clause (3), and who remain in the facility longer than 30 days must receive
a face-to-face assessment within 40 days of admission.

(e) At the face-to-face assessment, the long-term care consultation team member or
county case manager must perform the activities required under subdivision 3b.

(f) For individuals under 21 years of age, a screening interview which recommends
nursing facility admission must be face-to-face and approved by the commissioner before
the individual is admitted to the nursing facility.

(g) In the event that an individual under 65 years of age is admitted to a nursing
facility on an emergency basis, the county must be notified of the admission on the
next working day, and a face-to-face assessment as described in paragraph (c) must be
conducted within 40 calendar days of admission.

(h) At the face-to-face assessment, the long-term care consultation team member or
the case manager must present information about home and community-based options,
including consumer-directed options, so the individual can make informed choices. If the
individual chooses home and community-based services, the long-term care consultation
team member or case manager must complete a written relocation plan within 20 working
days of the visit. The plan shall describe the services needed to move out of the facility
and a time line for the move which is designed to ensure a smooth transition to the
individual's home and community.

(i) An individual under 65 years of age residing in a nursing facility shall receive a
face-to-face assessment at least every 12 months to review the person's service choices
and available alternatives unless the individual indicates, in writing, that annual visits are
not desired. In this case, the individual must receive a face-to-face assessment at least
once every 36 months for the same purposes.

(j) Notwithstanding the provisions of subdivision 6, the commissioner may pay
county agencies directly for face-to-face assessments for individuals under 65 years of
age who are being considered for placement or residing in a nursing facility.new text begin Until June
30, 2013, payments for individuals under 65 years of age shall be made as described
in this subdivision.
new text end

Sec. 4.

Minnesota Statutes 2012, section 256B.0911, subdivision 6, is amended to read:


Subd. 6.

Payment for long-term care consultation services.

(a) new text begin Until June 30,
2013, payment for long-term care consultation face-to-face assessment shall be made
as described in this subdivision.
new text end

new text begin (b) new text end The total payment for each county must be paid monthly by certified nursing
facilities in the county. The monthly amount to be paid by each nursing facility for each
fiscal year must be determined by dividing the county's annual allocation for long-term
care consultation services by 12 to determine the monthly payment and allocating the
monthly payment to each nursing facility based on the number of licensed beds in the
nursing facility. Payments to counties in which there is no certified nursing facility must be
made by increasing the payment rate of the two facilities located nearest to the county seat.

deleted text begin (b)deleted text end new text begin (c)new text end The commissioner shall include the total annual payment determined under
paragraph (a) for each nursing facility reimbursed under section 256B.431, 256B.434,
or 256B.441.

deleted text begin (c)deleted text end new text begin (d)new text end In the event of the layaway, delicensure and decertification, or removal from
layaway of 25 percent or more of the beds in a facility, the commissioner may adjust the
per diem payment amount in paragraph deleted text begin (b)deleted text end new text begin (c)new text end and may adjust the monthly payment
amount in paragraph (a). The effective date of an adjustment made under this paragraph
shall be on or after the first day of the month following the effective date of the layaway,
delicensure and decertification, or removal from layaway.

deleted text begin (d)deleted text end new text begin (e)new text end Payments for long-term care consultation services are available to the county
or counties to cover staff salaries and expenses to provide the services described in
subdivision 1a. The county shall employ, or contract with other agencies to employ,
within the limits of available funding, sufficient personnel to provide long-term care
consultation services while meeting the state's long-term care outcomes and objectives as
defined in subdivision 1. The county shall be accountable for meeting local objectives
as approved by the commissioner in the biennial home and community-based services
quality assurance plan on a form provided by the commissioner.

deleted text begin (e)deleted text end new text begin (f)new text end Notwithstanding section 256B.0641, overpayments attributable to payment
of the screening costs under the medical assistance program may not be recovered from
a facility.

deleted text begin (f)deleted text end new text begin (g)new text end The commissioner of human services shall amend the Minnesota medical
assistance plan to include reimbursement for the local consultation teams.

deleted text begin (g)deleted text end new text begin (h)new text end Until the alternative payment methodology in paragraph deleted text begin (h)deleted text end new text begin (i)new text end is implemented,
the county may bill, as case management services, assessments, support planning, and
follow-along provided to persons determined to be eligible for case management under
Minnesota health care programs. No individual or family member shall be charged for an
initial assessment or initial support plan development provided under subdivision 3a or 3b.

deleted text begin (h)deleted text end new text begin (i)new text end The commissioner shall develop an alternative payment methodologynew text begin ,
effective on July 1, 2013,new text end for long-term care consultation services that includes the funding
available under this subdivision, and new text begin for assessments authorized under new text end sections 256B.092
and 256B.0659. In developing the new payment methodology, the commissioner shall
consider the maximization of other funding sources, including federal new text begin administrative
reimbursement through federal financial participation new text end funding, for all long-term care
consultation deleted text begin and preadmission screeningdeleted text end activity.new text begin The alternative payment methodology
shall include the use of the appropriate time studies and the state financing of nonfederal
share as part of the state's medical assistance program.
new text end

Sec. 5.

Minnesota Statutes 2012, section 256B.0916, is amended by adding a
subdivision to read:


new text begin Subd. 11. new text end

new text begin Excess spending. new text end

new text begin County and tribal agencies are responsible for spending
in excess of the allocation made by the commissioner. In the event a county or tribal
agency spends in excess of the allocation made by the commissioner for a given allocation
period, they must submit a corrective action plan to the commissioner. The plan must state
the actions the agency will take to correct their overspending for the year following the
period when the overspending occurred. Failure to correct overspending shall result in
recoupment of spending in excess of the allocation. Nothing in this subdivision shall be
construed as reducing the county's responsibility to offer and make available feasible
home and community-based options to eligible waiver recipients within the resources
allocated to them for that purpose.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 256B.092, subdivision 11, is amended to read:


Subd. 11.

Residential support services.

(a) Upon federal approval, there is
established a new service called residential support that is available on the community
alternative care, community alternatives for disabled individuals, developmental
disabilities, and brain injury waivers. Existing waiver service descriptions must be
modified to the extent necessary to ensure there is no duplication between other services.
Residential support services must be provided by vendors licensed as a community
residential setting as defined in section 245A.11, subdivision 8.

(b) Residential support services must meet the following criteria:

(1) providers of residential support services must own or control the residential site;

(2) the residential site must not be the primary residence of the license holder;

(3) the residential site must have a designated program supervisor responsible for
program oversight, development, and implementation of policies and procedures;

(4) the provider of residential support services must provide supervision, training,
and assistance as described in the person's coordinated service and support plan; and

(5) the provider of residential support services must meet the requirements of
licensure and additional requirements of the person's coordinated service and support plan.

(c) Providers of residential support services that meet the definition in paragraph
(a) must be registered using a process determined by the commissioner beginning July
1, 2009. Providers licensed to provide child foster care under Minnesota Rules, parts
2960.3000 to 2960.3340, or adult foster care licensed under Minnesota Rules, parts
9555.5105 to 9555.6265, and that meet the requirements in section 245A.03, subdivision
7, paragraph deleted text begin (g)deleted text end new text begin (f)new text end , are considered registered under this section.

Sec. 7.

Minnesota Statutes 2012, section 256B.092, subdivision 12, is amended to read:


Subd. 12.

Waivered services statewide priorities.

(a) The commissioner shall
establish statewide priorities for individuals on the waiting list for developmental
disabilities (DD) waiver services, as of January 1, 2010. The statewide priorities must
include, but are not limited to, individuals who continue to have a need for waiver services
after they have maximized the use of state plan services and other funding resources,
including natural supports, prior to accessing waiver services, and who meet at least one
of the following criteria:

new text begin (1) no longer require the intensity of services provided where they are currently
living; or
 new text end

new text begin (2) make a request to move from an institutional setting.
 new text end

new text begin (b) After the priorities in paragraph (a) are met, priority must also be given to
individuals who meet at least one of the following criteria:
 new text end

(1) have unstable living situations due to the age, incapacity, or sudden loss of
the primary caregivers;

(2) are moving from an institution due to bed closures;

(3) experience a sudden closure of their current living arrangement;

(4) require protection from confirmed abuse, neglect, or exploitation;

(5) experience a sudden change in need that can no longer be met through state plan
services or other funding resources alone; or

(6) meet other priorities established by the department.

deleted text begin (b)deleted text end new text begin (c)new text end When allocating resources to lead agencies, the commissioner must take into
consideration the number of individuals waiting who meet statewide priorities and the
lead agencies' current use of waiver funds and existing service options.new text begin The commissioner
has the authority to transfer funds between counties, groups of counties, and tribes to
accommodate statewide priorities and resource needs while accounting for a necessary
base level reserve amount for each county, group of counties, and tribe.
new text end

deleted text begin (c) The commissioner shall evaluate the impact of the use of statewide priorities and
provide recommendations to the legislature on whether to continue the use of statewide
priorities in the November 1, 2011, annual report required by the commissioner in sections
256B.0916, subdivision 7, and 256B.49, subdivision 21.
 deleted text end

Sec. 8.

Minnesota Statutes 2012, section 256B.092, is amended by adding a
subdivision to read:


new text begin Subd. 13. new text end

new text begin Waiver allocations for transition populations. new text end

new text begin (a) The commissioner
shall make available additional waiver allocations and additional necessary resources
to assure timely discharges from the Anoka Metro Regional Treatment Center and the
Minnesota Security Hospital in St. Peter for individuals who meet the following criteria:
 new text end

new text begin (1) are otherwise eligible for the developmental disabilities waiver under this section;
 new text end

new text begin (2) who would otherwise remain at the Anoka Metro Regional Treatment Center or
the Minnesota Security Hospital;
 new text end

new text begin (3) whose discharge would be significantly delayed without the available waiver
allocation; and
 new text end

new text begin (4) who have met treatment objectives and no longer meet hospital level of care.
 new text end

new text begin (b) Additional waiver allocations under this subdivision must meet cost-effectiveness
requirements of the federal approved waiver plan.
 new text end

new text begin (c) Any corporate foster care home developed under this subdivision must be
considered an exception under section 245A.03, subdivision 7, paragraph (a).
 new text end

Sec. 9.

new text begin [256B.0949] AUTISM EARLY INTENSIVE INTERVENTION BENEFIT.
 new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section creates a new benefit available under the
medical assistance state plan 1915(i) option to provide early intensive intervention to a
child with an autism spectrum disorder diagnosis. This benefit must provide coverage for
the comprehensive, multidisciplinary diagnostic assessment, ongoing progress evaluation,
and medically necessary treatment of autism spectrum disorder. This option must be
available upon federal approval, but not earlier than March 1, 2014.
 new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in
this subdivision have the meanings given.
 new text end

new text begin (b) "Autism spectrum disorder diagnosis" is defined by diagnostic code 299 in the
Diagnostic and Statistical Manual of Mental Disorders (DSM-IV).
 new text end

new text begin (c) "Child" means a person under the age of 18.
 new text end

new text begin (d) "Early intensive intervention benefit" means autism treatment options based in
behavioral and developmental science, which may include modalities such as applied
behavioral analysis, developmental treatment approaches, and naturalistic and parent
training models.
 new text end

new text begin (e) "Commissioner" means the commissioner of human services, unless otherwise
specified.
 new text end

new text begin (f) "Generalizable" means goals or gains that are observed in a variety of activities
with different people, such as providers, family members, other adults, and children and
in different environments including, but not limited to, clinics, homes, schools, and the
community.
 new text end

new text begin Subd. 3. new text end

new text begin Initial eligibility. new text end

new text begin (a) This benefit is available to a child receiving medical
assistance who has an autism spectrum disorder diagnosis and who meets the criteria for
medically necessary early intensive intervention services.
new text end

new text begin (b) A comprehensive diagnosis must be based upon current DSM criteria including
direct observations and parental or caregiver reports. The comprehensive diagnosis
must reflect both medical and mental health input as provided by a licensed health care
professional and a licensed mental health professional.
 new text end

new text begin (c) Additional diagnostic assessments may be provided as needed by professionals
who are licensed experts in the fields of medicine, speech and language, psychology,
occupational therapy, and physical therapy.
 new text end

new text begin (d) Special education assessments may also be considered in the diagnostic
assessment.
 new text end

new text begin (e) The multidisciplinary diagnostic assessment must lead to an individualized
treatment plan.
 new text end

new text begin Subd. 4. new text end

new text begin Treatment plan. new text end

new text begin (a) Each child's treatment plan must be family centered,
culturally sensitive, and individualized based on the child's needs and developmental
status. The treatment plan must specify developmentally appropriate, functional,
generalizable goals, treatment modality, intensity, and setting. Treatment must be overseen
by a licensed health care or mental health professional with expertise and training in
autism and child development.
 new text end

new text begin (b) A functional assessment must identify the child's developmental skills, needs,
and capacities based on direct observation of the child. It may include, but is not limited
to, input provided by the child's special education teacher.
 new text end

new text begin (c) An assessment of parental or caregiver resilience and ability to participate in
therapy must be conducted to determine the nature and level of parental or caregiver
involvement and training.
 new text end

new text begin (d) The treatment plan must be submitted to the commissioner for approval in a
manner determined by the commissioner for this purpose.
 new text end

new text begin (e) The commissioner must authorize services consistent with approved treatment
plans.
 new text end

new text begin Subd. 5. new text end

new text begin Ongoing eligibility. new text end

new text begin A child receiving this benefit must receive an
independent progress evaluation by a licensed mental health professional every six
months, or more frequently as determined by the commissioner, to determine if progress is
being made toward achieving generalizable gains and meeting functional goals contained
in the treatment plan. The progress evaluation must determine if the treatment plan
needs modification. This progress evaluation must include the treating provider's report,
parental or caregiver input, and an independent observation of the child. For children
participating in special education, the observation component of this progress evaluation
may be performed by the child's special education teacher. Progress evaluations must be
submitted to the commissioner in a manner determined by the commissioner for this
purpose. A child who continues to achieve generalizable gains and treatment goals as
contained in the treatment plan is eligible to continue receiving this benefit.
 new text end

new text begin Subd. 6. new text end

new text begin Refining the benefit with stakeholders. new text end

new text begin The commissioner must develop
the implementation details of the benefit in consultation with stakeholders and consider
recommendations from the Health Services Advisory Council, the Autism Spectrum
Disorder Advisory Council, and the Interagency Task Force of the Departments of Health,
Education, and Human Services. The commissioner must release these details for a 30-day
public comment period prior to submission to the federal government for approval. The
implementation details include, but are not limited to, the following:
 new text end

new text begin (1) defining the qualifications, standards, and roles of the treatment team;
 new text end

new text begin (2) developing initial, uniform parameters for multidisciplinary diagnostic
assessment and progress evaluation standards;
 new text end

new text begin (3) developing an effective and consistent process for assessing parent and caregiver
resilience and capacity to participate in the child's early intervention treatment;
 new text end

new text begin (4) forming a collaborative process in which professionals have opportunities to
collectively inform diagnostic assessment and progress evaluation processes and standards
and to support quality improvement of early intensive intervention services;
 new text end

new text begin (5) coordination with and interaction of this benefit with other services provided by
the Departments of Human Services and Education; and
 new text end

new text begin (6) ongoing evaluation of and research regarding the program and treatment
modalities provided to children under this benefit.
 new text end

new text begin Subd. 7. new text end

new text begin Revision of treatment options. new text end

new text begin The commissioner may revise covered
treatment options as needed to ensure consistency with evolving evidence.
 new text end

new text begin Subd. 8. new text end

new text begin Coordination between agencies. new text end

new text begin The commissioners of human services
and education must coordinate diagnostic and educational assessment, service delivery,
and progress evaluations across health and education sectors.
 new text end

Sec. 10.

Minnesota Statutes 2012, section 256B.434, subdivision 4, is amended to read:


Subd. 4.

Alternate rates for nursing facilities.

(a) For nursing facilities which
have their payment rates determined under this section rather than section 256B.431, the
commissioner shall establish a rate under this subdivision. The nursing facility must enter
into a written contract with the commissioner.

(b) A nursing facility's case mix payment rate for the first rate year of a facility's
contract under this section is the payment rate the facility would have received under
section 256B.431.

(c) A nursing facility's case mix payment rates for the second and subsequent years
of a facility's contract under this section are the previous rate year's contract payment
rates plus an inflation adjustment and, for facilities reimbursed under this section or
section 256B.431, an adjustment to include the cost of any increase in Health Department
licensing fees for the facility taking effect on or after July 1, 2001. The index for the
inflation adjustment must be based on the change in the Consumer Price Index-All Items
(United States City average) (CPI-U) forecasted by the commissioner of management and
budget's national economic consultant, as forecasted in the fourth quarter of the calendar
year preceding the rate year. The inflation adjustment must be based on the 12-month
period from the midpoint of the previous rate year to the midpoint of the rate year for
which the rate is being determined. For the rate years beginning on July 1, 1999, July 1,
2000, July 1, 2001, July 1, 2002, July 1, 2003, July 1, 2004, July 1, 2005, July 1, 2006,
July 1, 2007, July 1, 2008, October 1, 2009, and October 1, 2010, this paragraph shall
apply only to the property-related payment rate. For the rate years beginning on October
1, 2011, deleted text begin anddeleted text end October 1, 2012, new text begin October 1, 2013, October 1, 2014, October 1, 2015, and
October 1, 2016, new text end the rate adjustment under this paragraph shall be suspended. Beginning
in 2005, adjustment to the property payment rate under this section and section 256B.431
shall be effective on October 1. In determining the amount of the property-related payment
rate adjustment under this paragraph, the commissioner shall determine the proportion of
the facility's rates that are property-related based on the facility's most recent cost report.

(d) The commissioner shall develop additional incentive-based payments of up to
five percent above a facility's operating payment rate for achieving outcomes specified
in a contract. The commissioner may solicit contract amendments and implement those
which, on a competitive basis, best meet the state's policy objectives. The commissioner
shall limit the amount of any incentive payment and the number of contract amendments
under this paragraph to operate the incentive payments within funds appropriated for this
purpose. The contract amendments may specify various levels of payment for various
levels of performance. Incentive payments to facilities under this paragraph may be in the
form of time-limited rate adjustments or onetime supplemental payments. In establishing
the specified outcomes and related criteria, the commissioner shall consider the following
state policy objectives:

(1) successful diversion or discharge of residents to the residents' prior home or other
community-based alternatives;

(2) adoption of new technology to improve quality or efficiency;

(3) improved quality as measured in the Nursing Home Report Card;

(4) reduced acute care costs; and

(5) any additional outcomes proposed by a nursing facility that the commissioner
finds desirable.

(e) Notwithstanding the threshold in section 256B.431, subdivision 16, facilities that
take action to come into compliance with existing or pending requirements of the life
safety code provisions or federal regulations governing sprinkler systems must receive
reimbursement for the costs associated with compliance if all of the following conditions
are met:

(1) the expenses associated with compliance occurred on or after January 1, 2005,
and before December 31, 2008;

(2) the costs were not otherwise reimbursed under subdivision 4f or section
144A.071 or 144A.073; and

(3) the total allowable costs reported under this paragraph are less than the minimum
threshold established under section 256B.431, subdivision 15, paragraph (e), and
subdivision 16.

The commissioner shall use money appropriated for this purpose to provide to qualifying
nursing facilities a rate adjustment beginning October 1, 2007, and ending September 30,
2008. Nursing facilities that have spent money or anticipate the need to spend money
to satisfy the most recent life safety code requirements by (1) installing a sprinkler
system or (2) replacing all or portions of an existing sprinkler system may submit to the
commissioner by June 30, 2007, on a form provided by the commissioner the actual
costs of a completed project or the estimated costs, based on a project bid, of a planned
project. The commissioner shall calculate a rate adjustment equal to the allowable
costs of the project divided by the resident days reported for the report year ending
September 30, 2006. If the costs from all projects exceed the appropriation for this
purpose, the commissioner shall allocate the money appropriated on a pro rata basis to the
qualifying facilities by reducing the rate adjustment determined for each facility by an
equal percentage. Facilities that used estimated costs when requesting the rate adjustment
shall report to the commissioner by January 31, 2009, on the use of this money on a
form provided by the commissioner. If the nursing facility fails to provide the report, the
commissioner shall recoup the money paid to the facility for this purpose. If the facility
reports expenditures allowable under this subdivision that are less than the amount received
in the facility's annualized rate adjustment, the commissioner shall recoup the difference.

Sec. 11.

Minnesota Statutes 2012, section 256B.437, subdivision 6, is amended to read:


Subd. 6.

Planned closure rate adjustment.

(a) The commissioner of human
services shall calculate the amount of the planned closure rate adjustment available under
subdivision 3, paragraph (b), for up to 5,140 beds according to clauses (1) to (4):

(1) the amount available is the net reduction of nursing facility beds multiplied
by $2,080;

(2) the total number of beds in the nursing facility or facilities receiving the planned
closure rate adjustment must be identified;

(3) capacity days are determined by multiplying the number determined under
clause (2) by 365; and

(4) the planned closure rate adjustment is the amount available in clause (1), divided
by capacity days determined under clause (3).

(b) A planned closure rate adjustment under this section is effective on the first day
of the month following completion of closure of the facility designated for closure in
the application and becomes part of the nursing facility's deleted text begin total operatingdeleted text end new text begin external fixed
new text end payment rate.

(c) Applicants may use the planned closure rate adjustment to allow for a property
payment for a new nursing facility or an addition to an existing nursing facility or as
an deleted text begin operating paymentdeleted text end new text begin external fixednew text end rate adjustment. Applications approved under this
subdivision are exempt from other requirements for moratorium exceptions under section
144A.073, subdivisions 2 and 3.

(d) Upon the request of a closing facility, the commissioner must allow the facility a
closure rate adjustment as provided under section 144A.161, subdivision 10.

(e) A facility that has received a planned closure rate adjustment may reassign it
to another facility that is under the same ownership at any time within three years of its
effective date. The amount of the adjustment shall be computed according to paragraph (a).

(f) If the per bed dollar amount specified in paragraph (a), clause (1), is increased,
the commissioner shall recalculate planned closure rate adjustments for facilities that
delicense beds under this section on or after July 1, 2001, to reflect the increase in the per
bed dollar amount. The recalculated planned closure rate adjustment shall be effective
from the date the per bed dollar amount is increased.

(g) For planned closures approved after June 30, 2009, the commissioner of human
services shall calculate the amount of the planned closure rate adjustment available under
subdivision 3, paragraph (b), according to paragraph (a), clauses (1) to (4).

(h) deleted text begin Beginningdeleted text end new text begin Betweennew text end July 16, 2011, new text begin and June 30, 2013, new text end the commissioner shall deleted text begin no
longerdeleted text end new text begin notnew text end accept applications for planned closure rate adjustments under subdivision 3.

Sec. 12.

new text begin [256B.4391] HOME AND COMMUNITY-BASED SERVICES QUALITY
PROFILES.
 new text end

new text begin Subdivision 1. new text end

new text begin Development and implementation of quality profiles. new text end

new text begin (a) The
commissioner of human services, in cooperation with the commissioner of health, shall
develop and implement quality profiles for home and community-based services (HCBS)
providers, except when the quality profiles would duplicate requirements under section
256B.5011, 256B.5012, or 256B.5013. For purposes of this section, HCBS providers
are defined as providers of HCBS under sections 256B.0915, 256B.092, and 256B.49,
and ICF/DD providers under section 256B.5013. To the extent possible, quality profiles
must be developed for providers of services to older adults and people with disabilities,
regardless of payor source, for the purposes of providing information to consumers.
The quality profiles shall be developed using existing data sets maintained by the
commissioners of health and human services to the extent possible. The profiles shall
incorporate or be coordinated with information on quality maintained by area agencies
on aging, long-term service and supports provider trade associations, the ombudsman
offices, counties, tribes, health plans, and other entities and the long-term services and
supports database maintained under section 256.975, subdivision 7. The profiles must be
designed to provide information on quality to:
 new text end

new text begin (1) consumers and their families to facilitate informed choices of service providers;
 new text end

new text begin (2) providers to enable them to measure the results of their quality improvement
efforts and compare quality achievements with other service providers; and
 new text end

new text begin (3) public and private purchasers of HCBS to enable them to purchase high-quality
services.
 new text end

new text begin (b) The profiles must be developed in consultation with stakeholders and experts.
Within the limits of available appropriations, the commissioner may employ consultants
to assist with this project.
 new text end

new text begin Subd. 2. new text end

new text begin Quality measurement tools. new text end

new text begin (a) The commissioners shall identify and
apply quality measurement tools to:
 new text end

new text begin (1) emphasize service quality and its relationship to quality of life; and
 new text end

new text begin (2) address the needs of various users of HCBS.
 new text end

new text begin (b) The tools must include, but not be limited to, surveys of consumers of HCBS. The
tools must be identified and applied, to the extent possible, without requiring providers to
supply information beyond state and federal requirements, for purposes of this subdivision.
 new text end

new text begin Subd. 3. new text end

new text begin Consumer surveys. new text end

new text begin Following identification of the quality measurement
tool, the commissioner shall conduct surveys of HCBS consumers to develop quality
profiles of providers. To the extent possible, surveys must be conducted face-to-face by
state employees or contractors. At the discretion of the commissioner, surveys may be
conducted by an alternative method. Surveys must be conducted periodically to update
quality profiles of individual service providers.
 new text end

new text begin Subd. 4. new text end

new text begin Home and community-based services report card. new text end

new text begin The profiles
developed shall be incorporated into a report card and maintained by the Minnesota
Board of Aging under section 256.975, subdivision 7, paragraph (b), clause (2), as data
becomes available. The commissioner shall use consumer choice, quality of life, service
delivery approaches, and cost or flexible purchasing categories to organize the consumer
information in the profiles. The profiles shall include consumer input and survey data to
the extent that is available through the state agencies. The commissioner shall develop and
disseminate quality profiles for a limited number of provider types initially, and develop
quality profiles for additional provider types as measurement tools are developed and
data becomes available. This includes providers of services to older adults and people
with disabilities, regardless of payor source.
 new text end

new text begin Subd. 5. new text end

new text begin Dissemination of quality profiles. new text end

new text begin By July 1, 2014, the commissioner
shall implement a public awareness effort to disseminate the quality profiles. Profiles
may be disseminated through the Senior LinkAge Line and Disability Linkage Line to
consumers, providers, and purchasers of HCBS.
 new text end

new text begin Subd. 6. new text end

new text begin Implementation of home and community-based services
performance-based incentive payment program. new text end

new text begin By July 1, 2014, the commissioner
shall develop incentive-based grants for HCBS providers for achieving outcomes specified
in a contract. The commissioner may solicit proposals from HCBS providers and
implement those which, on a competitive basis, best meet the state's policy objectives.
The commissioner shall determine the types of HCBS providers that will participate in the
program. The determination of participating provider types may be revised annually by
the commissioner. The commissioner shall limit the amount of any incentive-based grants
and the number of grants under this subdivision to operate the incentive payments within
funds appropriated for this purpose. The grant agreements may specify various levels of
payment for various levels of performance. In establishing the specified outcomes and
related criteria, the commissioner shall consider the following state policy objectives:
 new text end

new text begin (1) provide more efficient, higher quality services;
 new text end

new text begin (2) encourage HCBS providers to innovate;
 new text end

new text begin (3) equip HCBS providers with organizational tools and expertise to improve their
quality;
 new text end

new text begin (4) incentivize HCBS providers to invest in better services; and
 new text end

new text begin (5) disseminate successful performance improvement strategies statewide.
 new text end

new text begin Subd. 7. new text end

new text begin Calculation of HCBS quality score. new text end

new text begin (a) The commissioner shall
determine a quality score for each participating HCBS provider using quality measures
established in subdivisions 1 and 2, according to methods determined by the commissioner
in consultation with stakeholders and experts. These methods shall be exempt from the
rulemaking requirements under chapter 14.
 new text end

new text begin (b) For each quality measure, a score shall be determined with a maximum number
of points available and number of points assigned as determined by the commissioner
using the methodology established according to this subdivision. The determination of
the quality measures to be used and the methods of calculating scores may be revised
annually be the commissioner.
 new text end

new text begin Subd. 8. new text end

new text begin Calculation of HCBS quality add-on. new text end

new text begin Effective January 1, 2016, the
commissioner shall determine the quality add-on payment for participating HCBS
providers. The payment rate for the quality add-on shall be a variable amount based on
each provider's quality score as determined in subdivisions 1 and 2. The commissioner
shall limit the types of HCBS providers that may receive the quality add-on and the
amount of the quality add-on payments to operate the quality add-on within funds
appropriated for this purpose and based on the availability of the quality measures.
 new text end

Sec. 13.

Minnesota Statutes 2012, section 256B.441, subdivision 13, is amended to read:


Subd. 13.

External fixed costs.

"External fixed costs" means costs related to
the nursing home surcharge under section 256.9657, subdivision 1; licensure fees
under section 144.122; new text begin until June 30, 2013, new text end long-term care consultation fees under
section 256B.0911, subdivision 6; family advisory council fee under section 144A.33;
scholarships under section 256B.431, subdivision 36; planned closure rate adjustments
under section 256B.437; or single bed room incentives under section 256B.431,
subdivision 42; property taxes and property insurance; and PERA.

Sec. 14.

Minnesota Statutes 2012, section 256B.441, is amended by adding a
subdivision to read:


new text begin Subd. 46b. new text end

new text begin Calculation of operating rate increase and quality add-on for the
October 1, 2013, rate year. new text end

new text begin (a) Effective October 1, 2013, the commissioner shall
implement operating payment rate increases for each facility equal to the operating rates
in effect on September 30, 2013, multiplied by 1.09 percent.
 new text end

new text begin (b) The commissioner shall determine quality add-ons to the operating payment
rates for each facility. The quality add-on amounts shall be based on rates in effect on
September 30, 2013. For each facility, the commissioner shall compute a quality factor by
subtracting 40 from the most recent quality score computed under subdivision 44, and
then dividing by 60. If the quality factor is less than zero, the commissioner shall use the
value zero. The quality add-ons shall be the operating payment rates multiplied by the
quality factor multiplied by 2.60 percent. The commissioner shall implement the quality
add-ons effective October 1, 2013.
 new text end

new text begin (c) Facilities receiving rate adjustments under subdivision 55a must have rate
increases under paragraphs (a) and (b) computed based on rates in effect before the
increases given under subdivision 55a.
 new text end

Sec. 15.

Minnesota Statutes 2012, section 256B.441, is amended by adding a
subdivision to read:


new text begin Subd. 46c. new text end

new text begin Calculation of operating rate increase and quality add-on for the
October 1, 2014, rate year. new text end

new text begin (a) Effective October 1, 2014, the commissioner shall
implement operating payment rate increases for each facility equal to the operating rates
in effect on September 30, 2014, multiplied by 1.09 percent.
 new text end

new text begin (b) The commissioner shall determine quality add-ons to the operating payment
rates for each facility. The quality add-on amounts shall be based on rates in effect on
September 30, 2014. For each facility, the commissioner shall compute a quality factor by
subtracting 40 from the most recent quality score computed under subdivision 44, and
then dividing by 60. If the quality factor is less than zero, the commissioner shall use the
value zero. The quality add-ons shall be the operating payment rates multiplied by the
quality factor multiplied by 2.60 percent. The commissioner shall implement the quality
add-ons effective October 1, 2014.
 new text end

new text begin (c) Facilities receiving rate adjustments under subdivision 55a must have rate
increases under paragraphs (a) and (b) computed based on rates in effect before the
increases given under subdivision 55a and after the increases computed in subdivision 46b.
 new text end

Sec. 16.

Minnesota Statutes 2012, section 256B.441, is amended by adding a
subdivision to read:


new text begin Subd. 46d. new text end

new text begin Calculation of quality add-on for the October 1, 2015, rate year. new text end

new text begin (a)
The commissioner shall determine quality add-ons to the operating payment rates for each
facility. The quality add-on amounts shall be based on rates in effect on September 30,
2015. For each facility, the commissioner shall compute a quality factor by subtracting
40 from the most recent quality score computed under subdivision 44, and then dividing
by 60. If the quality factor is less than zero, the commissioner shall use the value zero.
The quality add-ons shall be the operating payment rates multiplied by the quality factor
multiplied by 5.40 percent. The commissioner shall implement the quality add-ons
effective October 1, 2015.
 new text end

new text begin (b) Facilities receiving rate adjustments under subdivision 55a must have rate
increases under paragraph (a) computed based on rates in effect before the increases
given under subdivision 55a and after the sum of the increases computed in subdivisions
46b and 46c.
 new text end

Sec. 17.

Minnesota Statutes 2012, section 256B.441, is amended by adding a
subdivision to read:


new text begin Subd. 46e. new text end

new text begin Calculation of quality add-on for the October 1, 2016, rate year. new text end

new text begin (a)
The commissioner shall determine quality add-ons to the operating payment rates for each
facility. The quality add-on amounts shall be based on rates in effect on September 30,
2016. For each facility, the commissioner shall compute a quality factor by subtracting
40 from the most recent quality score computed under subdivision 44, and then dividing
by 60. If the quality factor is less than zero, the commissioner shall use the value zero.
The quality add-ons shall be the operating payment rates multiplied by the quality factor
multiplied by 5.40 percent. The commissioner shall implement the quality add-ons
effective October 1, 2016.
 new text end

new text begin (b) Facilities receiving rate adjustments under subdivision 55a must have rate
increases under paragraph (a) computed based on rates in effect before the increases
given under subdivision 55a and after the sum of the increases computed in subdivisions
46b, 46c, and 46d.
 new text end

Sec. 18.

Minnesota Statutes 2012, section 256B.441, subdivision 53, is amended to read:


Subd. 53.

Calculation of payment rate for external fixed costs.

The commissioner
shall calculate a payment rate for external fixed costs.

(a) For a facility licensed as a nursing home, the portion related to section 256.9657
shall be equal to $8.86. For a facility licensed as both a nursing home and a boarding care
home, the portion related to section 256.9657 shall be equal to $8.86 multiplied by the
result of its number of nursing home beds divided by its total number of licensed beds.

(b) The portion related to the licensure fee under section 144.122, paragraph (d),
shall be the amount of the fee divided by actual resident days.

(c) The portion related to scholarships shall be determined under section 256B.431,
subdivision 36.

(d) new text begin Until June 30, 2013, new text end the portion related to long-term care consultation shall be
determined according to section 256B.0911, subdivision 6.

(e) The portion related to development and education of resident and family advisory
councils under section 144A.33 shall be $5 divided by 365.

(f) The portion related to planned closure rate adjustments shall be as determined
under section 256B.437, subdivision 6, and Minnesota Statutes 2010, section 256B.436.
Planned closure rate adjustments that take effect before October 1, 2014, shall no longer
be included in the payment rate for external fixed costs beginning October 1, 2016.
Planned closure rate adjustments that take effect on or after October 1, 2014, shall no
longer be included in the payment rate for external fixed costs beginning on October 1 of
the first year not less than two years after their effective date.

(g) The portions related to property insurance, real estate taxes, special assessments,
and payments made in lieu of real estate taxes directly identified or allocated to the nursing
facility shall be the actual amounts divided by actual resident days.

(h) The portion related to the Public Employees Retirement Association shall be
actual costs divided by resident days.

(i) The single bed room incentives shall be as determined under section 256B.431,
subdivision 42. Single bed room incentives that take effect before October 1, 2014, shall
no longer be included in the payment rate for external fixed costs beginning October 1,
2016. Single bed room incentives that take effect on or after October 1, 2014, shall no
longer be included in the payment rate for external fixed costs beginning on October 1 of
the first year not less than two years after their effective date.

(j) The payment rate for external fixed costs shall be the sum of the amounts in
paragraphs (a) to (i).

Sec. 19.

Minnesota Statutes 2012, section 256B.49, subdivision 11a, is amended to read:


Subd. 11a.

Waivered services statewide priorities.

(a) The commissioner shall
establish statewide priorities for individuals on the waiting list for community alternative
care, community alternatives for disabled individuals, and brain injury waiver services,
as of January 1, 2010. The statewide priorities must include, but are not limited to,
individuals who continue to have a need for waiver services after they have maximized the
use of state plan services and other funding resources, including natural supports, prior to
accessing waiver services, and who meet at least one of the following criteria:

new text begin (1) no longer require the intensity of services provided where they are currently
living; or
 new text end

new text begin (2) make a request to move from an institutional setting.
 new text end

new text begin (b) After the priorities in paragraph (a) are met, priority must also be given to
individuals who meet at least one of the following criteria:
 new text end

(1) have unstable living situations due to the age, incapacity, or sudden loss of
the primary caregivers;

(2) are moving from an institution due to bed closures;

(3) experience a sudden closure of their current living arrangement;

(4) require protection from confirmed abuse, neglect, or exploitation;

(5) experience a sudden change in need that can no longer be met through state plan
services or other funding resources alone; or

(6) meet other priorities established by the department.

deleted text begin (b)deleted text end new text begin (c)new text end When allocating resources to lead agencies, the commissioner must take into
consideration the number of individuals waiting who meet statewide priorities and the
lead agencies' current use of waiver funds and existing service options.new text begin The commissioner
has the authority to transfer funds between counties, groups of counties, and tribes to
accommodate statewide priorities and resource needs while accounting for a necessary
base level reserve amount for each county, group of counties, and tribe.
new text end

deleted text begin (c) The commissioner shall evaluate the impact of the use of statewide priorities and
provide recommendations to the legislature on whether to continue the use of statewide
priorities in the November 1, 2011, annual report required by the commissioner in sections
256B.0916, subdivision 7, and 256B.49, subdivision 21.
 deleted text end

Sec. 20.

Minnesota Statutes 2012, section 256B.49, subdivision 15, is amended to read:


Subd. 15.

Coordinated service and support plan; comprehensive transitional
service plan; maintenance service plan.

(a) Each recipient of home and community-based
waivered services shall be provided a copy of the written coordinated service and support
plan which meets the requirements in section 256B.092, subdivision 1b.

(b) In developing the comprehensive transitional service plan, the individual
receiving services, the case manager, and the guardian, if applicable, will identify the
transitional service plan fundamental service outcome and anticipated timeline to achieve
this outcome. Within the first 20 days following a recipient's request for an assessment or
reassessment, the transitional service planning team must be identified. A team leader must
be identified who will be responsible for assigning responsibility and communicating with
team members to ensure implementation of the transition plan and ongoing assessment and
communication process. The team leader should be an individual, such as the case manager
or guardian, who has the opportunity to follow the recipient to the next level of service.

Within ten days following an assessment, a comprehensive transitional service plan
must be developed incorporating elements of a comprehensive functional assessment and
including short-term measurable outcomes and timelines for achievement of and reporting
on these outcomes. Functional milestones must also be identified and reported according
to the timelines agreed upon by the transitional service planning team. In addition, the
comprehensive transitional service plan must identify additional supports that may assist
in the achievement of the fundamental service outcome such as the development of greater
natural community support, increased collaboration among agencies, and technological
supports.

The timelines for reporting on functional milestones will prompt a reassessment of
services provided, the units of services, rates, and appropriate service providers. It is
the responsibility of the transitional service planning team leader to review functional
milestone reporting to determine if the milestones are consistent with observable skills
and that milestone achievement prompts any needed changes to the comprehensive
transitional service plan.

For those whose fundamental transitional service outcome involves the need to
procure housing, a plan for the recipient to seek the resources necessary to secure the least
restrictive housing possible should be incorporated into the plan, including employment
and public supports such as housing access and shelter needy funding.

(c) Counties and other agencies responsible for funding community placement and
ongoing community supportive services are responsible for the implementation of the
comprehensive transitional service plans. Oversight responsibilities include both ensuring
effective transitional service delivery and efficient utilization of funding resources.

(d) Following one year of transitional services, the transitional services planning team
will make a determination as to whether or not the individual receiving services requires
the current level of continuous and consistent support in order to maintain the recipient's
current level of functioning. Recipients who are determined to have not had a significant
change in functioning for 12 months must move from a transitional to a maintenance
service plan. Recipients on a maintenance service plan must be reassessed to determine if
the recipient would benefit from a transitional service plan at least every 12 months and at
other times when there has been a significant change in the recipient's functioning. This
assessment should consider any changes to technological or natural community supports.

(e) When a county is evaluating denials, reductions, or terminations of home and
community-based services under section 256B.49 for an individual, the case manager
shall offer to meet with the individual or the individual's guardian in order to discuss
the prioritization of service needs within the coordinated service and support plan,
comprehensive transitional service plan, or maintenance service plan. The reduction in
the authorized services for an individual due to changes in funding for waivered services
may not exceed the amount needed to ensure medically necessary services to meet the
individual's health, safety, and welfare.

(f) At the time of reassessment, local agency case managers shall assess each recipient
of community alternatives for disabled individuals or brain injury waivered services
currently residing in a licensed adult foster home that is not the primary residence of the
license holder, or in which the license holder is not the primary caregiver, to determine if
that recipient could appropriately be served in a community-living setting. If appropriate
for the recipient, the case manager shall offer the recipient, through a person-centered
planning process, the option to receive alternative housing and service options. In the
event that the recipient chooses to transfer from the adult foster home, the vacated bed
shall not be filled with another recipient of waiver services and group residential housing
and the licensed capacity shall be reduced accordingly, unless the savings required by the
licensed bed closure reductions under Laws 2011, First Special Session chapter 9, article 7,
sections 1 and 40, paragraph (f), for foster care settings where the physical location is not
the primary residence of the license holder are met through voluntary changes described
in section 245A.03, subdivision 7, paragraph deleted text begin (f)deleted text end new text begin (e)new text end , or as provided under paragraph (a),
clauses (3) and (4). If the adult foster home becomes no longer viable due to these transfers,
the county agency, with the assistance of the department, shall facilitate a consolidation of
settings or closure. This reassessment process shall be completed by July 1, 2013.

Sec. 21.

Minnesota Statutes 2012, section 256B.49, is amended by adding a
subdivision to read:


new text begin Subd. 24. new text end

new text begin Waiver allocations for transition populations. new text end

new text begin (a) The commissioner
shall make available additional waiver allocations and additional necessary resources
to assure timely discharges from the Anoka Metro Regional Treatment Center and the
Minnesota Security Hospital in St. Peter for individuals who meet the following criteria:
 new text end

new text begin (1) are otherwise eligible for the developmental disabilities waiver under this section;
 new text end

new text begin (2) who would otherwise remain at the Anoka Metro Regional Treatment Center or
the Minnesota Security Hospital;
 new text end

new text begin (3) whose discharge would be significantly delayed without the available waiver
allocation; and
 new text end

new text begin (4) who have met treatment objectives and no longer meet hospital level of care.
 new text end

new text begin (b) Additional waiver allocations under this subdivision must meet cost-effectiveness
requirements of the federal approved waiver plan.
 new text end

new text begin (c) Any corporate foster care home developed under this subdivision must be
considered an exception under section 245A.03, subdivision 7, paragraph (a).
 new text end

Sec. 22.

Minnesota Statutes 2012, section 256B.49, is amended by adding a
subdivision to read:


new text begin Subd. 25. new text end

new text begin Excess allocations. new text end

new text begin County and tribal agencies will be responsible for
authorizations in excess of the allocation made by the commissioner. In the event a county
or tribal agency authorizes in excess of the allocation made by the commissioner for a
given allocation period, they must submit a corrective action plan to the commissioner.
The plan must state the actions the agency will take to correct their over-authorization
for the year following the period when the overspending occurred. Failure to correct
over-authorizations shall result in recoupment of authorizations in excess of the allocation.
Nothing in this subdivision shall be construed as reducing the county's responsibility to
offer and make available feasible home and community-based options to eligible waiver
recipients within the resources allocated to them for that purpose.
 new text end

Sec. 23.

Minnesota Statutes 2012, section 256B.493, subdivision 2, is amended to read:


Subd. 2.

Planned closure process needs determination.

The commissioner shall
announce and implement a program for planned closure of adult foster care homes. Planned
closure shall be the preferred method for achieving necessary budgetary savings required by
the licensed bed closure budget reduction in section 245A.03, subdivision 7, paragraph deleted text begin (d)
deleted text end new text begin (c)new text end . If additional closures are required to achieve the necessary savings, the commissioner
shall use the process and priorities in section 245A.03, subdivision 7, paragraph deleted text begin (d)deleted text end new text begin (c)new text end .

Sec. 24. new text begin SAFETY NET FOR HOME AND COMMUNITY-BASED SERVICES
WAIVERS.
new text end

new text begin The commissioner of human services shall submit a request by December 31, 2013,
to the federal government to amend the home and community-based services waivers for
individuals with disabilities authorized under Minnesota Statutes, section 256B.49, to
modify the financial management of the home and community-based services waivers
to provide a state-administered safety net when costs for an individual increase above
an identified threshold. The implementation of the safety net may result in a decreased
allocation for individual counties, tribes, or collaboratives of counties or tribes, but must
not result in a net decreased statewide allocation.
 new text end

Sec. 25. new text begin SHARED LIVING MODEL.
new text end

new text begin The commissioner of human services shall develop and promote a shared living model
option for individuals receiving services through the home and community-based services
waivers for individuals with disabilities, authorized under Minnesota Statutes, section
256B.092 or 256B.49, as an option for individuals who require 24-hour assistance. The
option must be a companion model with a limit of one or two individuals receiving support
in the home, planned respite for the caregiver, and the availability of intensive training
and support on the needs of the individual or individuals. Any necessary amendments to
implement the model must be submitted to the federal government by December 31, 2013.
 new text end

Sec. 26. new text begin MONEY FOLLOWS THE PERSON GRANT.
new text end

new text begin The commissioner of human services shall submit to the federal government all
necessary waiver amendments to implement the Money Follows the Person federal grant
by December 31, 2013.
 new text end

ARTICLE 9

WAIVER PROVIDER STANDARDS

Section 1.

Minnesota Statutes 2012, section 145C.01, subdivision 7, is amended to read:


Subd. 7.

Health care facility.

"Health care facility" means a hospital or other entity
licensed under sections 144.50 to 144.58, a nursing home licensed to serve adults under
section 144A.02, a home care provider licensed under sections 144A.43 to 144A.47,
an adult foster care provider licensed under chapter 245A and Minnesota Rules, parts
9555.5105 to 9555.6265,new text begin a community residential setting licensed under chapter 245D,new text end or
a hospice provider licensed under sections 144A.75 to 144A.755.

Sec. 2.

Minnesota Statutes 2012, section 243.166, subdivision 4b, is amended to read:


Subd. 4b.

Health care facility; notice of status.

(a) For the purposes of this
subdivision, "health care facility" means a facility:

(1) licensed by the commissioner of health as a hospital, boarding care home or
supervised living facility under sections 144.50 to 144.58, or a nursing home under
chapter 144A;

(2) registered by the commissioner of health as a housing with services establishment
as defined in section 144D.01; or

(3) licensed by the commissioner of human services as a residential facility under
chapter 245A to provide adult foster care, adult mental health treatment, chemical
dependency treatment to adults, or residential services to persons with deleted text begin developmental
deleted text end disabilities.

(b) Prior to admission to a health care facility, a person required to register under
this section shall disclose to:

(1) the health care facility employee processing the admission the person's status
as a registered predatory offender under this section; and

(2) the person's corrections agent, or if the person does not have an assigned
corrections agent, the law enforcement authority with whom the person is currently
required to register, that inpatient admission will occur.

(c) A law enforcement authority or corrections agent who receives notice under
paragraph (b) or who knows that a person required to register under this section is
planning to be admitted and receive, or has been admitted and is receiving health care
at a health care facility shall notify the administrator of the facility and deliver a fact
sheet to the administrator containing the following information: (1) name and physical
description of the offender; (2) the offender's conviction history, including the dates of
conviction; (3) the risk level classification assigned to the offender under section 244.052,
if any; and (4) the profile of likely victims.

(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care
facility receives a fact sheet under paragraph (c) that includes a risk level classification for
the offender, and if the facility admits the offender, the facility shall distribute the fact
sheet to all residents at the facility. If the facility determines that distribution to a resident
is not appropriate given the resident's medical, emotional, or mental status, the facility
shall distribute the fact sheet to the patient's next of kin or emergency contact.

Sec. 3.

new text begin [245.8251] POSITIVE SUPPORT STRATEGIES AND EMERGENCY
MANUAL RESTRAINT; LICENSED FACILITIES AND PROGRAMS.
 new text end

new text begin Subdivision 1. new text end

new text begin Rules. new text end

new text begin The commissioner of human services shall, within 24 months
of enactment of this section, adopt rules governing the use of positive support strategies,
safety interventions, and emergency use of manual restraint in facilities and services
licensed under chapter 245D. The rules shall prohibit the application of aversive and
deprivation procedures except for the emergency use of manual restraint.
 new text end

new text begin Subd. 2. new text end

new text begin Data collection. new text end

new text begin (a) The commissioner shall, with stakeholder input,
develop data collection elements specific to incidents on the use of aversive and controlled
procedures for providers identified to be licensed under chapter 245D effective January
1, 2014. Effective July 1, 2013, the providers shall report the data in a format and at a
frequency provided by the commissioner of human services.
 new text end

new text begin (b) Within three months of the adoption of the new rule, the commissioner, with
stakeholder input, shall develop and initiate implementation of a transition plan to stage
the effective dates of the new rule.
 new text end

Sec. 4.

Minnesota Statutes 2012, section 245A.02, subdivision 10, is amended to read:


Subd. 10.

Nonresidential program.

"Nonresidential program" means care,
supervision, rehabilitation, training or habilitation of a person provided outside the
person's own home and provided for fewer than 24 hours a day, including adult day
care programs; and chemical dependency or chemical abuse programs that are located
in a nursing home or hospital and receive public funds for providing chemical abuse or
chemical dependency treatment services under chapter 254B. Nonresidential programs
include home and community-based services deleted text begin and semi-independent living servicesdeleted text end for
persons with deleted text begin developmentaldeleted text end disabilitiesnew text begin or persons age 65 and oldernew text end that are provided in
or outside of a person's own homenew text begin under chapter 245Dnew text end .

Sec. 5.

Minnesota Statutes 2012, section 245A.02, subdivision 14, is amended to read:


Subd. 14.

Residential program.

"Residential program" means a program
that provides 24-hour-a-day care, supervision, food, lodging, rehabilitation, training,
education, habilitation, or treatment outside a person's own home, including a program
in an intermediate care facility for four or more persons with developmental disabilities;
and chemical dependency or chemical abuse programs that are located in a hospital
or nursing home and receive public funds for providing chemical abuse or chemical
dependency treatment services under chapter 254B. Residential programs include home
and community-based services for persons with deleted text begin developmentaldeleted text end disabilitiesnew text begin or persons age
65 and oldernew text end that are provided in or outside of a person's own homenew text begin under chapter 245Dnew text end .

Sec. 6.

Minnesota Statutes 2012, section 245A.03, subdivision 7, is amended to read:


Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an initial
license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340,
or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under
this chapter for a physical location that will not be the primary residence of the license
holder for the entire period of licensure. If a license is issued during this moratorium, and
the license holder changes the license holder's primary residence away from the physical
location of the foster care license, the commissioner shall revoke the license according
to section 245A.07. new text begin The commissioner shall not issue an initial license for a community
residential setting licensed under chapter 245D. new text end Exceptions to the moratorium include:

(1) foster care settings that are required to be registered under chapter 144D;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,new text begin or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013,new text end and determined to be needed by the commissioner under paragraph (b);

(3) new foster care licensesnew text begin or community residential setting licensesnew text end determined to
be needed by the commissioner under paragraph (b) for the closure of a nursing facility,
ICF/MR, or regional treatment center, or restructuring of state-operated services that
limits the capacity of state-operated facilities;

(4) new foster care licensesnew text begin or community residential setting licensesnew text end determined
to be needed by the commissioner under paragraph (b) for persons requiring hospital
level care; or

(5) new foster care licensesnew text begin or community residential setting licensesnew text end determined to
be needed by the commissioner for the transition of people from personal care assistance
to the home and community-based services.

(b) The commissioner shall determine the need for newly licensed foster care
homesnew text begin or community residential settingsnew text end as defined under this subdivision. As part of the
determination, the commissioner shall consider the availability of foster care capacity in
the area in which the licensee seeks to operate, and the recommendation of the local
county board. The determination by the commissioner must be final. A determination of
need is not required for a change in ownership at the same address.

(c) The commissioner shall study the effects of the license moratorium under this
subdivision and shall report back to the legislature by January 15, 2011. This study shall
include, but is not limited to the following:

(1) the overall capacity and utilization of foster care beds where the physical location
is not the primary residence of the license holder prior to and after implementation
of the moratorium;

(2) the overall capacity and utilization of foster care beds where the physical
location is the primary residence of the license holder prior to and after implementation
of the moratorium; and

(3) the number of licensed and occupied ICF/MR beds prior to and after
implementation of the moratorium.

(d) When a deleted text begin foster care recipientdeleted text end new text begin resident served by the programnew text end moves out of a
foster home that is not the primary residence of the license holder according to section
256B.49, subdivision 15, paragraph (f)new text begin , or the community residential settingnew text end , the county
shall immediately inform the Department of Human Services Licensing Division.
The department shall decrease the statewide licensed capacity for foster care settings
where the physical location is not the primary residence of the license holdernew text begin , or for
community residential settingsnew text end , if the voluntary changes described in paragraph (f) are
not sufficient to meet the savings required by reductions in licensed bed capacity under
Laws 2011, First Special Session chapter 9, article 7, sections 1 and 40, paragraph (f),
and maintain statewide long-term care residential services capacity within budgetary
limits. Implementation of the statewide licensed capacity reduction shall begin on July
1, 2013. The commissioner shall delicense up to 128 beds by June 30, 2014, using the
needs determination process. Under this paragraph, the commissioner has the authority
to reduce unused licensed capacity of a current foster care programnew text begin , or the community
residential settings,new text end to accomplish the consolidation or closure of settings. A decreased
licensed capacity according to this paragraph is not subject to appeal under this chapter.

(e) Residential settings that would otherwise be subject to the decreased license
capacity established in paragraph (d) shall be exempt under the following circumstances:

(1) until August 1, 2013, the license holder's beds occupied by residents whose
primary diagnosis is mental illness and the license holder is:

(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental
health services (ARMHS) as defined in section 256B.0623;

(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to
9520.0870;

(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to
9520.0870; or

(iv) a provider of intensive residential treatment services (IRTS) licensed under
Minnesota Rules, parts 9520.0500 to 9520.0670; or

(2) the license holder is certified under the requirements in subdivision 6anew text begin or section
245D.33new text end .

(f) A resource need determination process, managed at the state level, using the
available reports required by section 144A.351, and other data and information shall
be used to determine where the reduced capacity required under paragraph (d) will be
implemented. The commissioner shall consult with the stakeholders described in section
144A.351, and employ a variety of methods to improve the state's capacity to meet
long-term care service needs within budgetary limits, including seeking proposals from
service providers or lead agencies to change service type, capacity, or location to improve
services, increase the independence of residents, and better meet needs identified by the
long-term care services reports and statewide data and information. By February 1 of each
year, the commissioner shall provide information and data on the overall capacity of
licensed long-term care services, actions taken under this subdivision to manage statewide
long-term care services and supports resources, and any recommendations for change to
the legislative committees with jurisdiction over health and human services budget.

(g) At the time of application and reapplication for licensure, the applicant and the
license holder that are subject to the moratorium or an exclusion established in paragraph
(a) are required to inform the commissioner whether the physical location where the foster
care will be provided is or will be the primary residence of the license holder for the entire
period of licensure. If the primary residence of the applicant or license holder changes, the
applicant or license holder must notify the commissioner immediately. The commissioner
shall print on the foster care license certificate whether or not the physical location is the
primary residence of the license holder.

(h) License holders of foster care homes identified under paragraph (g) that are not
the primary residence of the license holder and that also provide services in the foster care
home that are covered by a federally approved home and community-based services
waiver, as authorized under section 256B.0915, 256B.092, or 256B.49, must inform the
human services licensing division that the license holder provides or intends to provide
these waiver-funded services. deleted text begin These license holders must be considered registered under
deleted text end deleted text begin section 256B.092, subdivision 11, paragraph (c), and this registration status must be
identified on their license certificates.
deleted text end

Sec. 7.

Minnesota Statutes 2012, section 245A.042, subdivision 3, is amended to read:


Subd. 3.

Implementation.

(a) The commissioner shall implement the
responsibilities of this chapter according to the timelines in paragraphs (b) and (c)
only within the limits of available appropriations or other administrative cost recovery
methodology.

(b) The licensure of home and community-based services according to this section
shall be implemented January 1, 2014. License applications shall be received and
processed on a phased-in schedule as determined by the commissioner beginning July
1, 2013. Licenses will be issued thereafter upon the commissioner's determination that
the application is complete according to section 245A.04.

(c) Within the limits of available appropriations or other administrative cost recovery
methodology, implementation of compliance monitoring must be phased in after January
1, 2014.

(1) Applicants who do not currently hold a license issued under deleted text begin thisdeleted text end chapternew text begin 245B
new text end must receive an initial compliance monitoring visit after 12 months of the effective date of
the initial license for the purpose of providing technical assistance on how to achieve and
maintain compliance with the applicable law or rules governing the provision of home and
community-based services under chapter 245D. If during the review the commissioner
finds that the license holder has failed to achieve compliance with an applicable law or
rule and this failure does not imminently endanger the health, safety, or rights of the
persons served by the program, the commissioner may issue a licensing review report with
recommendations for achieving and maintaining compliance.

(2) Applicants who do currently hold a license issued under this chapter must receive
a compliance monitoring visit after 24 months of the effective date of the initial license.

(d) Nothing in this subdivision shall be construed to limit the commissioner's
authority to suspend or revoke a license or issue a fine at any time under section 245A.07,
or deleted text begin makedeleted text end new text begin issuenew text end correction orders and make a license conditional for failure to comply with
applicable laws or rules under section 245A.06, based on the nature, chronicity, or severity
of the violation of law or rule and the effect of the violation on the health, safety, or
rights of persons served by the program.

Sec. 8.

Minnesota Statutes 2012, section 245A.08, subdivision 2a, is amended to read:


Subd. 2a.

Consolidated contested case hearings.

(a) When a denial of a license
under section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is
based on a disqualification for which reconsideration was requested and which was not
set aside under section 245C.22, the scope of the contested case hearing shall include the
disqualification and the licensing sanction or denial of a license, unless otherwise specified
in this subdivision. When the licensing sanction or denial of a license is based on a
determination of maltreatment under section 626.556 or 626.557, or a disqualification for
serious or recurring maltreatment which was not set aside, the scope of the contested case
hearing shall include the maltreatment determination, disqualification, and the licensing
sanction or denial of a license, unless otherwise specified in this subdivision. In such
cases, a fair hearing under section 256.045 shall not be conducted as provided for in
sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.

(b) Except for family child care and child foster care, reconsideration of a
maltreatment determination under sections 626.556, subdivision 10i, and 626.557,
subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall
not be conducted when:

(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder is based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination or disqualification,
and denial of a license or licensing sanction. In these cases, a fair hearing shall not be
conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision
9d. The scope of the contested case hearing must include the maltreatment determination,
disqualification, and denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
626.557, subdivision 9d.

(c) In consolidated contested case hearings regarding sanctions issued in family child
care, child foster care, family adult day services, deleted text begin anddeleted text end adult foster care,new text begin and community
residential settings,new text end the county attorney shall defend the commissioner's orders in
accordance with section 245A.16, subdivision 4.

(d) The commissioner's final order under subdivision 5 is the final agency action
on the issue of maltreatment and disqualification, including for purposes of subsequent
background studies under chapter 245C and is the only administrative appeal of the final
agency determination, specifically, including a challenge to the accuracy and completeness
of data under section 13.04.

(e) When consolidated hearings under this subdivision involve a licensing sanction
based on a previous maltreatment determination for which the commissioner has issued
a final order in an appeal of that determination under section 256.045, or the individual
failed to exercise the right to appeal the previous maltreatment determination under
section 626.556, subdivision 10i, or 626.557, subdivision 9d, the commissioner's order is
conclusive on the issue of maltreatment. In such cases, the scope of the administrative
law judge's review shall be limited to the disqualification and the licensing sanction or
denial of a license. In the case of a denial of a license or a licensing sanction issued to
a facility based on a maltreatment determination regarding an individual who is not the
license holder or a household member, the scope of the administrative law judge's review
includes the maltreatment determination.

(f) The hearings of all parties may be consolidated into a single contested case
hearing upon consent of all parties and the administrative law judge, if:

(1) a maltreatment determination or disqualification, which was not set aside under
section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07;

(2) the disqualified subject is an individual other than the license holder and upon
whom a background study must be conducted under section 245C.03; and

(3) the individual has a hearing right under section 245C.27.

(g) When a denial of a license under section 245A.05 or a licensing sanction under
section 245A.07 is based on a disqualification for which reconsideration was requested
and was not set aside under section 245C.22, and the individual otherwise has no hearing
right under section 245C.27, the scope of the administrative law judge's review shall
include the denial or sanction and a determination whether the disqualification should
be set aside, unless section 245C.24 prohibits the set-aside of the disqualification. In
determining whether the disqualification should be set aside, the administrative law judge
shall consider the factors under section 245C.22, subdivision 4, to determine whether the
individual poses a risk of harm to any person receiving services from the license holder.

(h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction
under section 245A.07 is based on the termination of a variance under section 245C.30,
subdivision 4, the scope of the administrative law judge's review shall include the sanction
and a determination whether the disqualification should be set aside, unless section
245C.24 prohibits the set-aside of the disqualification. In determining whether the
disqualification should be set aside, the administrative law judge shall consider the factors
under section 245C.22, subdivision 4, to determine whether the individual poses a risk of
harm to any person receiving services from the license holder.

Sec. 9.

Minnesota Statutes 2012, section 245A.10, is amended to read:


245A.10 FEES.

Subdivision 1.

Application or license fee required, programs exempt from fee.

(a) Unless exempt under paragraph (b), the commissioner shall charge a fee for evaluation
of applications and inspection of programs which are licensed under this chapter.

(b) Except as provided under subdivision 2, no application or license fee shall be
charged for child foster care, adult foster care, deleted text begin ordeleted text end family and group family child carenew text begin , or
a community residential settingnew text end .

Subd. 2.

County fees for background studies and licensing inspections.

(a) For
purposes of family and group family child care licensing under this chapter, a county
agency may charge a fee to an applicant or license holder to recover the actual cost of
background studies, but in any case not to exceed $100 annually. A county agency may
also charge a license fee to an applicant or license holder not to exceed $50 for a one-year
license or $100 for a two-year license.

(b) A county agency may charge a fee to a legal nonlicensed child care provider or
applicant for authorization to recover the actual cost of background studies completed
under section 119B.125, but in any case not to exceed $100 annually.

(c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area;

(3) for new providers; or

(4) for providers who have attained at least 16 hours of training before seeking
initial licensure.

(d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on
an installment basis for up to one year. If the provider is receiving child care assistance
payments from the state, the provider may have the fees under paragraph (a) or (b)
deducted from the child care assistance payments for up to one year and the state shall
reimburse the county for the county fees collected in this manner.

(e) For purposes of adult foster care and child foster care licensingnew text begin , and licensing
the physical plant of a community residential setting,new text end under this chapter, a county agency
may charge a fee to a corporate applicant or corporate license holder to recover the actual
cost of licensing inspections, not to exceed $500 annually.

(f) Counties may elect to reduce or waive the fees in paragraph (e) under the
following circumstances:

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area; or

(3) for new providers.

Subd. 3.

Application fee for initial license or certification.

(a) For fees required
under subdivision 1, an applicant for an initial license or certification issued by the
commissioner shall submit a $500 application fee with each new application required
under this subdivision. new text begin An applicant for an initial day services facility license under
chapter 245D shall submit a $250 application fee with each new application. new text end The
application fee shall not be prorated, is nonrefundable, and is in lieu of the annual license
or certification fee that expires on December 31. The commissioner shall not process an
application until the application fee is paid.

(b) Except as provided in clauses (1) to deleted text begin (4)deleted text end new text begin (3)new text end , an applicant shall apply for a license
to provide services at a specific location.

(1) deleted text begin For a license to provide residential-based habilitation services to persons with
developmental disabilities under chapter 245B, an applicant shall submit an application
for each county in which the services will be provided. Upon licensure, the license
holder may provide services to persons in that county plus no more than three persons
at any one time in each of up to ten additional counties. A license holder in one county
may not provide services under the home and community-based waiver for persons with
developmental disabilities to more than three people in a second county without holding
a separate license for that second county. Applicants or licensees providing services
under this clause to not more than three persons remain subject to the inspection fees
established in section 245A.10, subdivision 2, for each location. The license issued by
the commissioner must state the name of each additional county where services are being
provided to persons with developmental disabilities. A license holder must notify the
commissioner before making any changes that would alter the license information listed
under section 245A.04, subdivision 7, paragraph (a), including any additional counties
where persons with developmental disabilities are being served.deleted text end new text begin For a license to provide
home and community-based services to persons with disabilities or age 65 and older under
chapter 245D, an applicant shall submit an application to provide services statewide.
new text end

(2) deleted text begin For a license to provide supported employment, crisis respite, or
semi-independent living services to persons with developmental disabilities under chapter
245B, an applicant shall submit a single application to provide services statewide.
deleted text end

deleted text begin (3)deleted text end For a license to provide independent living assistance for youth under section
245A.22, an applicant shall submit a single application to provide services statewide.

deleted text begin (4)deleted text end new text begin (3)new text end For a license for a private agency to provide foster care or adoption services
under Minnesota Rules, parts 9545.0755 to 9545.0845, an applicant shall submit a single
application to provide services statewide.

new text begin (c) The initial application fee charged under this subdivision does not include the
temporary license surcharge under section 16E.22.
 new text end

Subd. 4.

License or certification fee for certain programs.

(a) Child care centers
shall pay an annual nonrefundable license fee based on the following schedule:

Licensed Capacity
 Child Care Center
License Fee
1 to 24 persons
 $200
25 to 49 persons
 $300
50 to 74 persons
 $400
75 to 99 persons
 $500
100 to 124 persons
 $600
125 to 149 persons
 $700
150 to 174 persons
 $800
175 to 199 persons
 $900
200 to 224 persons
 $1,000
225 or more persons
 $1,100

deleted text begin (b) A day training and habilitation program serving persons with developmental
disabilities or related conditions shall pay an annual nonrefundable license fee based on
the following schedule:
 deleted text end

deleted text begin Licensed Capacity
 deleted text end 		deleted text begin License Fee
 deleted text end
deleted text begin 1 to 24 persons
 deleted text end 		deleted text begin $800
 deleted text end
deleted text begin 25 to 49 persons
 deleted text end 		deleted text begin $1,000
 deleted text end
deleted text begin 50 to 74 persons
 deleted text end 		deleted text begin $1,200
 deleted text end
deleted text begin 75 to 99 persons
 deleted text end 		deleted text begin $1,400
 deleted text end
deleted text begin 100 to 124 persons
 deleted text end 		deleted text begin $1,600
 deleted text end
deleted text begin 125 to 149 persons
 deleted text end 		deleted text begin $1,800
 deleted text end
deleted text begin 150 or more persons
 deleted text end 		deleted text begin $2,000
 deleted text end

deleted text begin Except as provided in paragraph (c), when a day training and habilitation program
serves more than 50 percent of the same persons in two or more locations in a community,
the day training and habilitation program shall pay a license fee based on the licensed
capacity of the largest facility and the other facility or facilities shall be charged a license
fee based on a licensed capacity of a residential program serving one to 24 persons.
 deleted text end

deleted text begin (c) When a day training and habilitation program serving persons with developmental
disabilities or related conditions seeks a single license allowed under section 245B.07,
subdivision 12, clause (2) or (3), the licensing fee must be based on the combined licensed
capacity for each location.
 deleted text end

deleted text begin (d) A program licensed to provide supported employment services to persons
with developmental disabilities under chapter 245B shall pay an annual nonrefundable
license fee of $650.
 deleted text end

deleted text begin (e) A program licensed to provide crisis respite services to persons with
developmental disabilities under chapter 245B shall pay an annual nonrefundable license
fee of $700.
 deleted text end

deleted text begin (f) A program licensed to provide semi-independent living services to persons
with developmental disabilities under chapter 245B shall pay an annual nonrefundable
license fee of $700.
 deleted text end

deleted text begin (g) A program licensed to provide residential-based habilitation services under the
home and community-based waiver for persons with developmental disabilities shall pay
an annual license fee that includes a base rate of $690 plus $60 times the number of clients
served on the first day of July of the current license year.
 deleted text end

deleted text begin (h) A residential program certified by the Department of Health as an intermediate
care facility for persons with developmental disabilities (ICF/MR) and a noncertified
residential program licensed to provide health or rehabilitative services for persons
with developmental disabilities shall pay an annual nonrefundable license fee based on
the following schedule:
 deleted text end

deleted text begin Licensed Capacity
 deleted text end 		deleted text begin License Fee
 deleted text end
deleted text begin 1 to 24 persons
 deleted text end 		deleted text begin $535
 deleted text end
deleted text begin 25 to 49 persons
 deleted text end 		deleted text begin $735
 deleted text end
deleted text begin 50 or more persons
 deleted text end 		deleted text begin $935
 deleted text end

new text begin (b) A program licensed to provide one or more of the home and community-based
services and supports identified under chapter 245D to persons with disabilities or age
65 and older, shall pay an annual nonrefundable license fee that includes a base rate of
$1,125, plus $92 times the number of persons served on the last day of June of the current
license year for programs serving ten or more persons. The fee is limited to a maximum of
200 persons, regardless of the actual number of persons served. Programs serving nine
or fewer persons pay only the base rate.
 new text end

new text begin (c) A facility licensed under chapter 245D to provide day services shall pay an
annual nonrefundable license fee of $100.
 new text end

deleted text begin (i)deleted text end new text begin (d)new text end A chemical dependency treatment program licensed under Minnesota Rules,
parts 9530.6405 to 9530.6505, to provide chemical dependency treatment shall pay an
annual nonrefundable license fee based on the following schedule:

Licensed Capacity
 License Fee
1 to 24 persons
 $600
25 to 49 persons
 $800
50 to 74 persons
 $1,000
75 to 99 persons
 $1,200
100 or more persons
 $1,400

deleted text begin (j)deleted text end new text begin (e)new text end A chemical dependency program licensed under Minnesota Rules, parts
9530.6510 to 9530.6590, to provide detoxification services shall pay an annual
nonrefundable license fee based on the following schedule:

Licensed Capacity
 License Fee
1 to 24 persons
 $760
25 to 49 persons
 $960
50 or more persons
 $1,160

deleted text begin (k)deleted text end new text begin (f)new text end Except for child foster care, a residential facility licensed under Minnesota
Rules, chapter 2960, to serve children shall pay an annual nonrefundable license fee
based on the following schedule:

Licensed Capacity
 License Fee
1 to 24 persons
 $1,000
25 to 49 persons
 $1,100
50 to 74 persons
 $1,200
75 to 99 persons
 $1,300
100 or more persons
 $1,400

deleted text begin (l)deleted text end new text begin (g)new text end A residential facility licensed under Minnesota Rules, parts 9520.0500 to
9520.0670, to serve persons with mental illness shall pay an annual nonrefundable license
fee based on the following schedule:

Licensed Capacity
 License Fee
1 to 24 persons
 $2,525
25 or more persons
 $2,725

deleted text begin (m)deleted text end new text begin (h)new text end A residential facility licensed under Minnesota Rules, parts 9570.2000 to
9570.3400, to serve persons with physical disabilities shall pay an annual nonrefundable
license fee based on the following schedule:

Licensed Capacity
 License Fee
1 to 24 persons
 $450
25 to 49 persons
 $650
50 to 74 persons
 $850
75 to 99 persons
 $1,050
100 or more persons
 $1,250

deleted text begin (n)deleted text end new text begin (i)new text end A program licensed to provide independent living assistance for youth under
section 245A.22 shall pay an annual nonrefundable license fee of $1,500.

deleted text begin (o)deleted text end new text begin (j)new text end A private agency licensed to provide foster care and adoption services under
Minnesota Rules, parts 9545.0755 to 9545.0845, shall pay an annual nonrefundable
license fee of $875.

deleted text begin (p)deleted text end new text begin (k)new text end A program licensed as an adult day care center licensed under Minnesota
Rules, parts 9555.9600 to 9555.9730, shall pay an annual nonrefundable license fee based
on the following schedule:

Licensed Capacity
 License Fee
1 to 24 persons
 $500
25 to 49 persons
 $700
50 to 74 persons
 $900
75 to 99 persons
 $1,100
100 or more persons
 $1,300

deleted text begin (q)deleted text end new text begin (l)new text end A program licensed to provide treatment services to persons with sexual
psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts
9515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.

deleted text begin (r)deleted text end new text begin (m)new text end A mental health center or mental health clinic requesting certification for
purposes of insurance and subscriber contract reimbursement under Minnesota Rules,
parts 9520.0750 to 9520.0870, shall pay a certification fee of $1,550 per year. If the
mental health center or mental health clinic provides services at a primary location with
satellite facilities, the satellite facilities shall be certified with the primary location without
an additional charge.

Subd. 6.

License not issued until license or certification fee is paid.

The
commissioner shall not issue a license or certification until the license or certification fee
is paid. The commissioner shall send a bill for the license or certification fee to the billing
address identified by the license holder. If the license holder does not submit the license or
certification fee payment by the due date, the commissioner shall send the license holder
a past due notice. If the license holder fails to pay the license or certification fee by the
due date on the past due notice, the commissioner shall send a final notice to the license
holder informing the license holder that the program license will expire on December 31
unless the license fee is paid before December 31. If a license expires, the program is no
longer licensed and, unless exempt from licensure under section 245A.03, subdivision 2,
must not operate after the expiration date. After a license expires, if the former license
holder wishes to provide licensed services, the former license holder must submit a new
license application and application fee under subdivision 3.

Subd. 7.

Human services licensing fees to recover expenditures.

Notwithstanding
section 16A.1285, subdivision 2, related to activities for which the commissioner charges
a fee, the commissioner must plan to fully recover direct expenditures for licensing
activities under this chapter over a five-year period. The commissioner may have
anticipated expenditures in excess of anticipated revenues in a biennium by using surplus
revenues accumulated in previous bienniums.

Subd. 8.

Deposit of license fees.

A human services licensing account is created in
the state government special revenue fund. Fees collected under subdivisions 3 and 4 must
be deposited in the human services licensing account and are annually appropriated to the
commissioner for licensing activities authorized under this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
 new text end

Sec. 10.

Minnesota Statutes 2012, section 245A.11, subdivision 2a, is amended to read:


Subd. 2a.

Adult foster carenew text begin and community residential settingnew text end license capacity.

(a) The commissioner shall issue adult foster carenew text begin and community residential setting
new text end licenses with a maximum licensed capacity of four beds, including nonstaff roomers and
boarders, except that the commissioner may issue a license with a capacity of five beds,
including roomers and boarders, according to paragraphs (b) to (f).

(b) deleted text begin An adult foster caredeleted text end new text begin Thenew text end license holder may have a maximum license capacity
of five if all persons in care are age 55 or over and do not have a serious and persistent
mental illness or a developmental disability.

(c) The commissioner may grant variances to paragraph (b) to allow a deleted text begin foster care
providerdeleted text end new text begin facilitynew text end with a licensed capacity of five persons to admit an individual under the
age of 55 if the variance complies with section 245A.04, subdivision 9, and approval of
the variance is recommended by the county in which the licensed deleted text begin foster care provider
deleted text end new text begin facilitynew text end is located.

(d) The commissioner may grant variances to paragraph (b) to allow the use of a fifth
bed for emergency crisis services for a person with serious and persistent mental illness
or a developmental disability, regardless of age, if the variance complies with section
245A.04, subdivision 9, and approval of the variance is recommended by the county in
which the licensed deleted text begin foster care providerdeleted text end new text begin facilitynew text end is located.

(e) The commissioner may grant a variance to paragraph (b) to allow for the use of a
fifth bed for respite services, as defined in section 245A.02, for persons with disabilities,
regardless of age, if the variance complies with sections 245A.03, subdivision 7, and
245A.04, subdivision 9, and approval of the variance is recommended by the county in
which the licensed deleted text begin foster care providerdeleted text end new text begin facilitynew text end is deleted text begin licenseddeleted text end new text begin locatednew text end . Respite care may be
provided under the following conditions:

(1) staffing ratios cannot be reduced below the approved level for the individuals
being served in the home on a permanent basis;

(2) no more than two different individuals can be accepted for respite services in
any calendar month and the total respite days may not exceed 120 days per program in
any calendar year;

(3) the person receiving respite services must have his or her own bedroom, which
could be used for alternative purposes when not used as a respite bedroom, and cannot be
the room of another person who lives in the deleted text begin foster care homedeleted text end new text begin facilitynew text end ; and

(4) individuals living in the deleted text begin foster care homedeleted text end new text begin facilitynew text end must be notified when the
variance is approved. The provider must give 60 days' notice in writing to the residents
and their legal representatives prior to accepting the first respite placement. Notice must
be given to residents at least two days prior to service initiation, or as soon as the license
holder is able if they receive notice of the need for respite less than two days prior to
initiation, each time a respite client will be served, unless the requirement for this notice is
waived by the resident or legal guardian.

(f) The commissioner may issue an adult foster carenew text begin or community residential setting
new text end license with a capacity of five adults if the fifth bed does not increase the overall statewide
capacity of licensed adult foster carenew text begin or community residential settingnew text end beds in homes that
are not the primary residence of the license holder, as identified in a plan submitted to the
commissioner by the county, when the capacity is recommended by the county licensing
agency of the county in which the facility is located and if the recommendation verifies that:

(1) the facility meets the physical environment requirements in the adult foster
care licensing rule;

(2) the five-bed living arrangement is specified for each resident in the resident's:

(i) individualized plan of care;

(ii) individual service plan under section 256B.092, subdivision 1b, if required; or

(iii) individual resident placement agreement under Minnesota Rules, part
9555.5105, subpart 19, if required;

(3) the license holder obtains written and signed informed consent from each
resident or resident's legal representative documenting the resident's informed choice
to remain living in the home and that the resident's refusal to consent would not have
resulted in service termination; and

(4) the facility was licensed for adult foster care before March 1, 2011.

(g) The commissioner shall not issue a new adult foster care license under paragraph
(f) after June 30, 2016. The commissioner shall allow a facility with an adult foster care
license issued under paragraph (f) before June 30, 2016, to continue with a capacity of five
adults if the license holder continues to comply with the requirements in paragraph (f).

Sec. 11.

Minnesota Statutes 2012, section 245A.11, subdivision 7, is amended to read:


Subd. 7.

Adult foster care; variance for alternate overnight supervision.

(a) The
commissioner may grant a variance under section 245A.04, subdivision 9, to rule parts
requiring a caregiver to be present in an adult foster care home during normal sleeping
hours to allow for alternative methods of overnight supervision. The commissioner may
grant the variance if the local county licensing agency recommends the variance and the
county recommendation includes documentation verifying that:

(1) the county has approved the license holder's plan for alternative methods of
providing overnight supervision and determined the plan protects the residents' health,
safety, and rights;

(2) the license holder has obtained written and signed informed consent from
each resident or each resident's legal representative documenting the resident's or legal
representative's agreement with the alternative method of overnight supervision; and

(3) the alternative method of providing overnight supervision, which may include
the use of technology, is specified for each resident in the resident's: (i) individualized
plan of care; (ii) individual service plan under section 256B.092, subdivision 1b, if
required; or (iii) individual resident placement agreement under Minnesota Rules, part
9555.5105, subpart 19, if required.

(b) To be eligible for a variance under paragraph (a), the adult foster care license
holder must not have had a conditional license issued under section 245A.06, or any
other licensing sanction issued under section 245A.07 during the prior 24 months based
on failure to provide adequate supervision, health care services, or resident safety in
the adult foster care home.

(c) A license holder requesting a variance under this subdivision to utilize
technology as a component of a plan for alternative overnight supervision may request
the commissioner's review in the absence of a county recommendation. Upon receipt of
such a request from a license holder, the commissioner shall review the variance request
with the county.

new text begin (d) A variance granted by the commissioner according to this subdivision before
January 1, 2014, to a license holder for an adult foster care home must transfer with the
license when the license converts to a community residential setting license under chapter
245D. The terms and conditions of the variance remain in effect as approved at the time
the variance was granted.
 new text end

Sec. 12.

Minnesota Statutes 2012, section 245A.11, subdivision 7a, is amended to read:


Subd. 7a.

Alternate overnight supervision technology; adult foster care deleted text begin license
deleted text end new text begin and community residential setting licensesnew text end .

(a) The commissioner may grant an
applicant or license holder an adult foster carenew text begin or community residential settingnew text end license
for a residence that does not have a caregiver in the residence during normal sleeping
hours as required under Minnesota Rules, part 9555.5105, subpart 37, item B,new text begin or section
245D.02, subdivision 33b,new text end but uses monitoring technology to alert the license holder
when an incident occurs that may jeopardize the health, safety, or rights of a foster
care recipient. The applicant or license holder must comply with all other requirements
under Minnesota Rules, parts 9555.5105 to 9555.6265,new text begin or applicable requirements under
chapter 245D,new text end and the requirements under this subdivision. The license printed by the
commissioner must state in bold and large font:

(1) that the facility is under electronic monitoring; and

(2) the telephone number of the county's common entry point for making reports of
suspected maltreatment of vulnerable adults under section 626.557, subdivision 9.

(b) Applications for a license under this section must be submitted directly to
the Department of Human Services licensing division. The licensing division must
immediately notify the deleted text begin host county and lead county contract agency and the hostdeleted text end county
licensing agency. The licensing division must collaborate with the county licensing
agency in the review of the application and the licensing of the program.

(c) Before a license is issued by the commissioner, and for the duration of the
license, the applicant or license holder must establish, maintain, and document the
implementation of written policies and procedures addressing the requirements in
paragraphs (d) through (f).

(d) The applicant or license holder must have policies and procedures that:

(1) establish characteristics of target populations that will be admitted into the home,
and characteristics of populations that will not be accepted into the home;

(2) explain the discharge process when a deleted text begin foster care recipientdeleted text end new text begin resident served by the
programnew text end requires overnight supervision or other services that cannot be provided by the
license holder due to the limited hours that the license holder is on site;

(3) describe the types of events to which the program will respond with a physical
presence when those events occur in the home during time when staff are not on site, and
how the license holder's response plan meets the requirements in paragraph (e), clause
(1) or (2);

(4) establish a process for documenting a review of the implementation and
effectiveness of the response protocol for the response required under paragraph (e),
clause (1) or (2). The documentation must include:

(i) a description of the triggering incident;

(ii) the date and time of the triggering incident;

(iii) the time of the response or responses under paragraph (e), clause (1) or (2);

(iv) whether the response met the resident's needs;

(v) whether the existing policies and response protocols were followed; and

(vi) whether the existing policies and protocols are adequate or need modification.

When no physical presence response is completed for a three-month period, the
license holder's written policies and procedures must require a physical presence response
drill to be conducted for which the effectiveness of the response protocol under paragraph
(e), clause (1) or (2), will be reviewed and documented as required under this clause; and

(5) establish that emergency and nonemergency phone numbers are posted in a
prominent location in a common area of the home where they can be easily observed by a
person responding to an incident who is not otherwise affiliated with the home.

(e) The license holder must document and include in the license application which
response alternative under clause (1) or (2) is in place for responding to situations that
present a serious risk to the health, safety, or rights of deleted text begin people receiving foster care services
in the homedeleted text end new text begin residents served by the programnew text end :

(1) response alternative (1) requires only the technology to provide an electronic
notification or alert to the license holder that an event is underway that requires a response.
Under this alternative, no more than ten minutes will pass before the license holder will be
physically present on site to respond to the situation; or

(2) response alternative (2) requires the electronic notification and alert system under
alternative (1), but more than ten minutes may pass before the license holder is present on
site to respond to the situation. Under alternative (2), all of the following conditions are met:

(i) the license holder has a written description of the interactive technological
applications that will assist the license holder in communicating with and assessing the
needs related to the care, health, and safety of the foster care recipients. This interactive
technology must permit the license holder to remotely assess the well being of the deleted text begin foster
care recipientdeleted text end new text begin resident served by the programnew text end without requiring the initiation of the
foster care recipient. Requiring the foster care recipient to initiate a telephone call does
not meet this requirement;

(ii) the license holder documents how the remote license holder is qualified and
capable of meeting the needs of the foster care recipients and assessing foster care
recipients' needs under item (i) during the absence of the license holder on site;

(iii) the license holder maintains written procedures to dispatch emergency response
personnel to the site in the event of an identified emergency; and

(iv) each deleted text begin foster care recipient'sdeleted text end new text begin resident'snew text end individualized plan of care, deleted text begin individual
service plandeleted text end new text begin coordinated service and support plannew text end under deleted text begin sectiondeleted text end new text begin sections 256B.0913,
subdivision 8; 256B.0915, subdivision 6; new text end 256B.092, subdivision 1bnew text begin ; and 256B.49,
subdivision 15new text end , if required, or individual resident placement agreement under Minnesota
Rules, part 9555.5105, subpart 19, if required, identifies the maximum response time,
which may be greater than ten minutes, for the license holder to be on site for that deleted text begin foster
care recipientdeleted text end new text begin residentnew text end .

(f) Each deleted text begin foster care recipient'sdeleted text end new text begin resident'snew text end placement agreement, individual service
agreement, and plan must clearly state that the adult foster carenew text begin or community residential
settingnew text end license category is a program without the presence of a caregiver in the residence
during normal sleeping hours; the protocols in place for responding to situations that
present a serious risk to the health, safety, or rights of deleted text begin foster care recipientsdeleted text end new text begin residents
served by the programnew text end under paragraph (e), clause (1) or (2); and a signed informed
consent from each deleted text begin foster care recipientdeleted text end new text begin resident served by the programnew text end or the person's
legal representative documenting the person's or legal representative's agreement with
placement in the program. If electronic monitoring technology is used in the home, the
informed consent form must also explain the following:

(1) how any electronic monitoring is incorporated into the alternative supervision
system;

(2) the backup system for any electronic monitoring in times of electrical outages or
other equipment malfunctions;

(3) how the caregiversnew text begin or direct support staffnew text end are trained on the use of the technology;

(4) the event types and license holder response times established under paragraph (e);

(5) how the license holder protects deleted text begin the foster care recipient'sdeleted text end new text begin each resident'snew text end privacy
related to electronic monitoring and related to any electronically recorded data generated
by the monitoring system. A deleted text begin foster care recipientdeleted text end new text begin resident served by the programnew text end may
not be removed from a program under this subdivision for failure to consent to electronic
monitoring. The consent form must explain where and how the electronically recorded
data is stored, with whom it will be shared, and how long it is retained; and

(6) the risks and benefits of the alternative overnight supervision system.

The written explanations under clauses (1) to (6) may be accomplished through
cross-references to other policies and procedures as long as they are explained to the
person giving consent, and the person giving consent is offered a copy.

(g) Nothing in this section requires the applicant or license holder to develop or
maintain separate or duplicative policies, procedures, documentation, consent forms, or
individual plans that may be required for other licensing standards, if the requirements of
this section are incorporated into those documents.

(h) The commissioner may grant variances to the requirements of this section
according to section 245A.04, subdivision 9.

(i) For the purposes of paragraphs (d) through (h), "license holder" has the meaning
under section 245A.2, subdivision 9, and additionally includes all staff, volunteers, and
contractors affiliated with the license holder.

(j) For the purposes of paragraph (e), the terms "assess" and "assessing" mean to
remotely determine what action the license holder needs to take to protect the well-being
of the foster care recipient.

(k) The commissioner shall evaluate license applications using the requirements
in paragraphs (d) to (f). The commissioner shall provide detailed application forms,
including a checklist of criteria needed for approval.

(l) To be eligible for a license under paragraph (a), the adult foster carenew text begin or community
residential settingnew text end license holder must not have had a conditional license issued under
section 245A.06 or any licensing sanction under section 245A.07 during the prior 24
months based on failure to provide adequate supervision, health care services, or resident
safety in the adult foster care homenew text begin or community residential settingnew text end .

(m) The commissioner shall review an application for an alternative overnight
supervision license within 60 days of receipt of the application. When the commissioner
receives an application that is incomplete because the applicant failed to submit required
documents or that is substantially deficient because the documents submitted do not meet
licensing requirements, the commissioner shall provide the applicant written notice
that the application is incomplete or substantially deficient. In the written notice to the
applicant, the commissioner shall identify documents that are missing or deficient and
give the applicant 45 days to resubmit a second application that is substantially complete.
An applicant's failure to submit a substantially complete application after receiving
notice from the commissioner is a basis for license denial under section 245A.05. The
commissioner shall complete subsequent review within 30 days.

(n) Once the application is considered complete under paragraph (m), the
commissioner will approve or deny an application for an alternative overnight supervision
license within 60 days.

(o) For the purposes of this subdivision, "supervision" means:

(1) oversight by a caregivernew text begin or direct support staffnew text end as specified in the individual
resident's place agreementnew text begin or coordinated service and support plannew text end and awareness of the
resident's needs and activities; and

(2) the presence of a caregivernew text begin or direct support staffnew text end in a residence during normal
sleeping hours, unless a determination has been made and documented in the individual's
new text begin coordinated service andnew text end support plan that the individual does not require the presence of a
caregivernew text begin or direct support staffnew text end during normal sleeping hours.

Sec. 13.

Minnesota Statutes 2012, section 245A.11, subdivision 7b, is amended to read:


Subd. 7b.

Adult foster care data privacy and security.

(a) An adult foster care
new text begin or community residential settingnew text end license holder who creates, collects, records, maintains,
stores, or discloses any individually identifiable recipient data, whether in an electronic
or any other format, must comply with the privacy and security provisions of applicable
privacy laws and regulations, including:

(1) the federal Health Insurance Portability and Accountability Act of 1996
(HIPAA), Public Law 104-1; and the HIPAA Privacy Rule, Code of Federal Regulations,
title 45, part 160, and subparts A and E of part 164; and

(2) the Minnesota Government Data Practices Act as codified in chapter 13.

(b) For purposes of licensure, the license holder shall be monitored for compliance
with the following data privacy and security provisions:

(1) the license holder must control access to data on deleted text begin foster care recipientsdeleted text end new text begin residents
served by the programnew text end according to the definitions of public and private data on individuals
under section 13.02; classification of the data on individuals as private under section
13.46, subdivision 2; and control over the collection, storage, use, access, protection,
and contracting related to data according to section 13.05, in which the license holder is
assigned the duties of a government entity;

(2) the license holder must provide each deleted text begin foster care recipientdeleted text end new text begin resident served by
the programnew text end with a notice that meets the requirements under section 13.04, in which
the license holder is assigned the duties of the government entity, and that meets the
requirements of Code of Federal Regulations, title 45, part 164.52. The notice shall
describe the purpose for collection of the data, and to whom and why it may be disclosed
pursuant to law. The notice must inform the deleted text begin recipientdeleted text end new text begin individualnew text end that the license holder
uses electronic monitoring and, if applicable, that recording technology is used;

(3) the license holder must not install monitoring cameras in bathrooms;

(4) electronic monitoring cameras must not be concealed from the deleted text begin foster care
recipientsdeleted text end new text begin residents served by the programnew text end ; and

(5) electronic video and audio recordings of deleted text begin foster care recipientsdeleted text end new text begin residents served
by the programnew text end shall be stored by the license holder for five days unless: (i) a deleted text begin foster care
recipientdeleted text end new text begin resident served by the programnew text end or legal representative requests that the recording
be held longer based on a specific report of alleged maltreatment; or (ii) the recording
captures an incident or event of alleged maltreatment under section 626.556 or 626.557 or
a crime under chapter 609. When requested by a deleted text begin recipientdeleted text end new text begin resident served by the program
new text end or when a recording captures an incident or event of alleged maltreatment or a crime, the
license holder must maintain the recording in a secured area for no longer than 30 days
to give the investigating agency an opportunity to make a copy of the recording. The
investigating agency will maintain the electronic video or audio recordings as required in
section 626.557, subdivision 12b.

(c) The commissioner shall develop, and make available to license holders and
county licensing workers, a checklist of the data privacy provisions to be monitored
for purposes of licensure.

Sec. 14.

Minnesota Statutes 2012, section 245A.11, subdivision 8, is amended to read:


Subd. 8.

Community residential setting license.

(a) The commissioner shall
establish provider standards for residential support services that integrate service standards
and the residential setting under one license. The commissioner shall propose statutory
language and an implementation plan for licensing requirements for residential support
services to the legislature by January 15, 2012, as a component of the quality outcome
standards recommendations required by Laws 2010, chapter 352, article 1, section 24.

(b) Providers licensed under chapter 245B, and providing, contracting, or arranging
for services in settings licensed as adult foster care under Minnesota Rules, parts 9555.5105
to 9555.6265deleted text begin , or child foster care under Minnesota Rules, parts 2960.3000 to 2960.3340deleted text end ;
and meeting the provisions of deleted text begin section 256B.092, subdivision 11, paragraph (b)deleted text end new text begin section
245D.02, subdivision 4anew text end , must be required to obtain a community residential setting license.

Sec. 15.

Minnesota Statutes 2012, section 245A.16, subdivision 1, is amended to read:


Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and
private agencies that have been designated or licensed by the commissioner to perform
licensing functions and activities under section 245A.04 and background studies for family
child care under chapter 245C; to recommend denial of applicants under section 245A.05;
to issue correction orders, to issue variances, and recommend a conditional license under
section 245A.06, or to recommend suspending or revoking a license or issuing a fine under
section 245A.07, shall comply with rules and directives of the commissioner governing
those functions and with this section. The following variances are excluded from the
delegation of variance authority and may be issued only by the commissioner:

(1) dual licensure of family child care and child foster care, dual licensure of child
and adult foster care, and adult foster care and family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals except that county agencies may
issue variances under section 245C.30 regarding disqualified individuals when the county
is responsible for conducting a consolidated reconsideration according to sections 245C.25
and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination
and a disqualification based on serious or recurring maltreatment; deleted text begin and
deleted text end

(6) the required presence of a caregiver in the adult foster care residence during
normal sleeping hoursnew text begin ; and
new text end

new text begin (7) variances for community residential setting licenses under chapter 245Dnew text end .

Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency
must not grant a license holder a variance to exceed the maximum allowable family child
care license capacity of 14 children.

(b) County agencies must report information about disqualification reconsiderations
under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances
granted under paragraph (a), clause (5), to the commissioner at least monthly in a format
prescribed by the commissioner.

(c) For family day care programs, the commissioner may authorize licensing reviews
every two years after a licensee has had at least one annual review.

(d) For family adult day services programs, the commissioner may authorize
licensing reviews every two years after a licensee has had at least one annual review.

(e) A license issued under this section may be issued for up to two years.

Sec. 16.

Minnesota Statutes 2012, section 245D.02, is amended to read:


245D.02 DEFINITIONS.

Subdivision 1.

Scope.

The terms used in this chapter have the meanings given
them in this section.

Subd. 2.

Annual and annually.

"Annual" and "annually" have the meaning given
in section 245A.02, subdivision 2b.

Subd. 3.

Case manager.

"Case manager" means the individual designated
to provide waiver case management services, care coordination, or long-term care
consultation, as specified in sections 256B.0913, 256B.0915, 256B.092, and 256B.49,
or successor provisions.

new text begin Subd. 3a. new text end

new text begin Certification. new text end

new text begin "Certification" means the commissioner's written
authorization for a license holder to provide specialized services based on certification
standards in section 245D.33. The term certification and its derivatives have the same
meaning and may be substituted for the term licensure and its derivatives in this chapter
and chapter 245A.
 new text end

Subd. 4.

Commissioner.

"Commissioner" means the commissioner of the
Department of Human Services or the commissioner's designated representative.

new text begin Subd. 4a. new text end

new text begin Community residential setting. new text end

new text begin "Community residential setting" means
a residential program as identified in section 245A.11, subdivision 8, where residential
supports and services identified in section 245D.03, subdivision 1, paragraph (c), clause
(3), items (i) and (ii), are provided and the license holder is the owner, lessor, or tenant
of the facility licensed according to this chapter, and the license holder does not reside
in the facility.
 new text end

new text begin Subd. 4b. new text end

new text begin Coordinated service and support plan. new text end

new text begin "Coordinated service and support
plan" has the meaning given in sections 256B.0913, subdivision 8; 256B.0915, subdivision
6; 256B.092, subdivision 1b; and 256B.49, subdivision 15, or successor provisions.
 new text end

new text begin Subd. 4c. new text end

new text begin Coordinated service and support plan addendum. new text end

new text begin "Coordinated
service and support plan addendum" means the documentation that this chapter requires
of the license holder for each person receiving services.
 new text end

new text begin Subd. 4d. new text end

new text begin Corporate foster care. new text end

new text begin "Corporate foster care" means a child foster
residence setting licensed according to Minnesota Rules, parts 2960.0010 to 2960.3340,
or an adult foster care home licensed according to Minnesota Rules, parts 9555.5105 to
9555.6265, where the license holder does not live in the home.
 new text end

new text begin Subd. 4e. new text end

new text begin Cultural competence or culturally competent. new text end

new text begin "Cultural competence"
or "culturally competent" means the ability and the will to respond to the unique needs of
a person that arise from the person's culture and the ability to use the person's culture as a
resource or tool to assist with the intervention and help meet the person's needs.
 new text end

new text begin Subd. 4f. new text end

new text begin Day services facility. new text end

new text begin "Day services facility" means a facility licensed
according to this chapter at which persons receive day services licensed under this chapter
from the license holder's direct support staff for a cumulative total of more than 30 days
within any 12-month period and the license holder is the owner, lessor, or tenant of the
facility.
 new text end

Subd. 5.

Department.

"Department" means the Department of Human Services.

Subd. 6.

Direct contact.

"Direct contact" has the meaning given in section 245C.02,
subdivision 11, and is used interchangeably with the term "direct new text begin support new text end service."

new text begin Subd. 6a. new text end

new text begin Direct support staff or staff. new text end

new text begin "Direct support staff" or "staff" means
employees of the license holder who have direct contact with persons served by the
program and includes temporary staff or subcontractors, regardless of employer, providing
program services for hire under the control of the license holder who have direct contact
with persons served by the program.
 new text end

Subd. 7.

Drug.

"Drug" has the meaning given in section 151.01, subdivision 5.

Subd. 8.

Emergency.

"Emergency" means any event that affects the ordinary
daily operation of the program including, but not limited to, fires, severe weather, natural
disasters, power failures, or other events that threaten the immediate health and safety of
a person receiving services and that require calling 911, emergency evacuation, moving
to an emergency shelter, or temporary closure or relocation of the program to another
facility or service sitenew text begin for more than 24 hoursnew text end .

new text begin Subd. 8a. new text end

new text begin Emergency use of manual restraint. new text end

new text begin "Emergency use of manual
restraint" means using a manual restraint when a person's conduct poses an imminent risk
of physical harm to self or others and less restrictive strategies would not achieve safety.
Property damage, verbal aggression, or a person's refusal to receive or participate in
treatment or programming on their own, do not constitute an emergency.
 new text end

new text begin Subd. 8b. new text end

new text begin Expanded support team. new text end

new text begin "Expanded support team" means the members
of the support team defined in subdivision 46, and a licensed health professional or other
licensed, certified, or qualified professionals or consultants working with the person and
included in the team at the request of the person or the person's legal representative.
 new text end

new text begin Subd. 8c. new text end

new text begin Family foster care. new text end

new text begin "Family foster care" means a child foster family
setting licensed according to Minnesota Rules, parts 2960.0010 to 2960.3340, or an adult
foster care home licensed according to Minnesota Rules, parts 9555.5105 to 9555.6265,
where the license holder lives in the home.
 new text end

Subd. 9.

Health services.

"Health services" means any service or treatment
consistent with the physical and mental health needs of the person, such as medication
administration and monitoring, medical, dental, nutritional, health monitoring, wellness
education, and exercise.

Subd. 10.

Home and community-based services.

"Home and community-based
services" means the services deleted text begin subject to the provisions of this chapterdeleted text end new text begin identified in section
245D.03, subdivision 1,new text end and new text begin as new text end defined innew text begin :
new text end

new text begin (1)new text end the deleted text begin federaldeleted text end new text begin federally approvednew text end waiver plans governed by United States Code,
title 42, sections 1396 et seq., deleted text begin or the state's alternative care program according to section
256B.0913,deleted text end including new text begin the waivers for persons with disabilities under section 256B.49,
subdivision 11, including new text end the brain injury (BI) waiverdeleted text begin ,deleted text end new text begin plan;new text end the community alternative
care (CAC) waiverdeleted text begin ,deleted text end new text begin plan;new text end the community alternatives for disabled individuals (CADI)
waiverdeleted text begin ,deleted text end new text begin plan;new text end the developmental disability (DD) waiverdeleted text begin ,deleted text end new text begin plan under section 256B.092,
subdivision 5;new text end the elderly waiver (EW)deleted text begin , anddeleted text end new text begin plan under section 256B.0915, subdivision 1;
or successor plans respective to each waiver;new text end new text begin or
new text end

new text begin (2) new text end the alternative care (AC) programnew text begin under section 256B.0913new text end .

Subd. 11.

Incident.

"Incident" means an occurrence deleted text begin that affects thedeleted text end new text begin which involves
a person and requires the program to make a response that is not a part of the program's
new text end ordinary provision of services to deleted text begin adeleted text end new text begin thatnew text end personnew text begin ,new text end and includes deleted text begin any of the followingdeleted text end :

(1) serious injury new text begin of a person new text end as determined by section 245.91, subdivision 6;

(2) a person's death;

(3) any medical emergency, unexpected serious illness, or significant unexpected
change in an illness or medical conditiondeleted text begin , or the mental health statusdeleted text end of a person that
requires deleted text begin callingdeleted text end new text begin the program to callnew text end 911 deleted text begin or a mental health crisis intervention teamdeleted text end ,
physician treatment, or hospitalization;

new text begin (4) any mental health crisis that requires the program to call 911 or a mental health
crisis intervention team;
 new text end

new text begin (5) an act or situation involving a person that requires the program to call 911,
law enforcement, or the fire department;
 new text end

deleted text begin (4)deleted text end new text begin (6)new text end a person's unauthorized or unexplained absence from a program;

deleted text begin (5)deleted text end new text begin (7)new text end deleted text begin physical aggressiondeleted text end new text begin conductnew text end by a person receiving services against another
person receiving services that deleted text begin causes physical pain, injury, or persistent emotional distress,
including, but not limited to, hitting, slapping, kicking, scratching, pinching, biting,
pushing, and spitting;deleted text end new text begin :
new text end

new text begin (i) is so severe, pervasive, or objectively offensive that it substantially interferes with
a person's opportunities to participate in or receive service or support;
 new text end

new text begin (ii) places the person in actual and reasonable fear of harm;
 new text end

new text begin (iii) places the person in actual and reasonable fear of damage to property of the
person; or
 new text end

new text begin (iv) substantially disrupts the orderly operation of the program;
 new text end

deleted text begin (6)deleted text end new text begin (8)new text end any sexual activity between persons receiving services involving force or
coercion as defined under section 609.341, subdivisions 3 and 14; deleted text begin or
deleted text end

new text begin (9) any emergency use of manual restraint as identified in section 245D.061; or
 new text end

deleted text begin (7)deleted text end new text begin (10)new text end a report of alleged or suspected child or vulnerable adult maltreatment
under section 626.556 or 626.557.

new text begin Subd. 11a. new text end

new text begin Intermediate care facility for persons with developmental disabilities
or ICF/DD. new text end

new text begin "Intermediate care facility for persons with developmental disabilities" or
"ICF/DD" means a residential program licensed to serve four or more persons with
developmental disabilities under section 252.28 and chapter 245A and licensed as a
supervised living facility under chapter 144, which together are certified by the Department
of Health as an intermediate care facility for persons with developmental disabilities.
 new text end

new text begin Subd. 11b. new text end

new text begin Least restrictive alternative. new text end

new text begin "Least restrictive alternative" means
the alternative method for providing supports and services that is the least intrusive and
most normalized given the level of supervision and protection required for the person.
This level of supervision and protection allows risk taking to the extent that there is no
reasonable likelihood that serious harm will happen to the person or others.
 new text end

Subd. 12.

Legal representative.

"Legal representative" means the parent of a
person who is under 18 years of age, a court-appointed guardian, or other representative
with legal authority to make decisions about services for a person.new text begin A person who is a
competent adult may authorize another competent adult to represent their rights as allowed
in section 245D.04, subdivision 3, paragraph (a), clause (11), when the person provides
written informed consent for a release of information.
new text end

Subd. 13.

License.

"License" has the meaning given in section 245A.02,
subdivision 8.

Subd. 14.

Licensed health professional.

"Licensed health professional" means a
person licensed in Minnesota to practice those professions described in section 214.01,
subdivision 2.

Subd. 15.

License holder.

"License holder" has the meaning given in section
245A.02, subdivision 9.

Subd. 16.

Medication.

"Medication" means a prescription drug or over-the-counter
drug. For purposes of this chapter, "medication" includes dietary supplements.

deleted text begin Subd. 17. deleted text end

deleted text begin Medication administration. deleted text end

deleted text begin "Medication administration" means
performing the following set of tasks to ensure a person takes both prescription and
over-the-counter medications and treatments according to orders issued by appropriately
licensed professionals, and includes the following:
 deleted text end

deleted text begin (1) checking the person's medication record;
 deleted text end

deleted text begin (2) preparing the medication for administration;
 deleted text end

deleted text begin (3) administering the medication to the person;
 deleted text end

deleted text begin (4) documenting the administration of the medication or the reason for not
administering the medication; and
 deleted text end

deleted text begin (5) reporting to the prescriber or a nurse any concerns about the medication,
including side effects, adverse reactions, effectiveness, or the person's refusal to take the
medication or the person's self-administration of the medication.
 deleted text end

deleted text begin Subd. 18. deleted text end

deleted text begin Medication assistance. deleted text end

deleted text begin "Medication assistance" means providing verbal
or visual reminders to take regularly scheduled medication, which includes either of
the following:
 deleted text end

deleted text begin (1) bringing to the person and opening a container of previously set up medications
and emptying the container into the person's hand or opening and giving the medications
in the original container to the person, or bringing to the person liquids or food to
accompany the medication; or
 deleted text end

deleted text begin (2) providing verbal or visual reminders to perform regularly scheduled treatments
and exercises.
 deleted text end

deleted text begin Subd. 19. deleted text end

deleted text begin Medication management. deleted text end

deleted text begin "Medication management" means the
provision of any of the following:
 deleted text end

deleted text begin (1) medication-related services to a person;
 deleted text end

deleted text begin (2) medication setup;
 deleted text end

deleted text begin (3) medication administration;
 deleted text end

deleted text begin (4) medication storage and security;
 deleted text end

deleted text begin (5) medication documentation and charting;
 deleted text end

deleted text begin (6) verification and monitoring of effectiveness of systems to ensure safe medication
handling and administration;
 deleted text end

deleted text begin (7) coordination of medication refills;
 deleted text end

deleted text begin (8) handling changes to prescriptions and implementation of those changes;
 deleted text end

deleted text begin (9) communicating with the pharmacy; or
 deleted text end

deleted text begin (10) coordination and communication with prescriber.
 deleted text end

deleted text begin For the purposes of this chapter, medication management does not mean "medication
therapy management services" as identified in section 256B.0625, subdivision 13h.
 deleted text end

Subd. 20.

Mental health crisis intervention team.

"Mental health crisis
intervention team" means new text begin a new text end mental health crisis response deleted text begin providersdeleted text end new text begin providernew text end as identified
in section 256B.0624, subdivision 2, paragraph (d), for adults, and in section 256B.0944,
subdivision 1, paragraph (d), for children.

new text begin Subd. 20a. new text end

new text begin Most integrated setting. new text end

new text begin "Most integrated setting" means a setting that
enables individuals with disabilities to interact with nondisabled persons to the fullest
extent possible.
 new text end

Subd. 21.

Over-the-counter drug.

"Over-the-counter drug" means a drug that
is not required by federal law to bear the statement "Caution: Federal law prohibits
dispensing without prescription."

new text begin Subd. 21a. new text end

new text begin Outcome. new text end

new text begin "Outcome" means the behavior, action, or status attained by
the person that can be observed, measured, and determined reliable and valid.
 new text end

Subd. 22.

Person.

"Person" has the meaning given in section 245A.02, subdivision
11.

Subd. 23.

Person with a disability.

"Person with a disability" means a person
determined to have a disability by the commissioner's state medical review team as
identified in section 256B.055, subdivision 7, the Social Security Administration, or
the person is determined to have a developmental disability as defined in Minnesota
Rules, part 9525.0016, subpart 2, item B, or a related condition as defined in section
252.27, subdivision 1a.

new text begin Subd. 23a. new text end

new text begin Physician. new text end

new text begin "Physician" means a person who is licensed under chapter
147.
 new text end

Subd. 24.

Prescriber.

"Prescriber" means a deleted text begin licensed practitioner as defined in
section 151.01, subdivision 23,deleted text end new text begin personnew text end who is authorized under deleted text begin sectiondeleted text end new text begin sections 148.235;
151.01, subdivision 23; ornew text end 151.37 to prescribe drugs. deleted text begin For the purposes of this chapter, the
term "prescriber" is used interchangeably with "physician."
deleted text end

Subd. 25.

Prescription drug.

"Prescription drug" has the meaning given in section
151.01, subdivision deleted text begin 17deleted text end new text begin 16new text end .

Subd. 26.

Program.

"Program" means either the nonresidential or residential
program as defined in section 245A.02, subdivisions 10 and 14.

Subd. 27.

Psychotropic medication.

"Psychotropic medication" means any
medication prescribed to treat the symptoms of mental illness that affect thought processes,
mood, sleep, or behavior. The major classes of psychotropic medication are antipsychotic
(neuroleptic), antidepressant, antianxiety, mood stabilizers, anticonvulsants, and
stimulants and nonstimulants for the treatment of attention deficit/hyperactivity disorder.
Other miscellaneous medications are considered to be a psychotropic medication when
they are specifically prescribed to treat a mental illness or to control or alter behavior.

Subd. 28.

Restraint.

"Restraint" means physical or mechanical limiting of the free
and normal movement of body or limbs.

Subd. 29.

Seclusion.

"Seclusion" means deleted text begin separating a person from others in a way
that prevents social contact and prevents the person from leaving the situation if he or she
choosesdeleted text end new text begin the placement of a person alone in a room from which exit is prohibited by a staff
person or a mechanism such as a lock, a device, or an object positioned to hold the door
closed or otherwise prevent the person from leaving the roomnew text end .

new text begin Subd. 29a. new text end

new text begin Self-determination. new text end

new text begin "Self-determination" means the person makes
decisions independently, plans for the person's own future, determines how money is spent
for the person's supports, and takes responsibility for making these decisions. If a person
has a legal representative, the legal representative's decision-making authority is limited to
the scope of authority granted by the court or allowed in the document authorizing the
legal representative to act.
 new text end

new text begin Subd. 29b. new text end

new text begin Semi-independent living services. new text end

new text begin "Semi-independent living services"
has the meaning given in section 252.275.
 new text end

Subd. 30.

Service.

"Service" means care, training, supervision, counseling,
consultation, or medication assistance assigned to the license holder in the new text begin coordinated
new text end service new text begin and support new text end plan.

deleted text begin Subd. 31. deleted text end

deleted text begin Service plan. deleted text end

deleted text begin "Service plan" means the individual service plan or
individual care plan identified in sections 256B.0913, 256B.0915, 256B.092, and 256B.49,
or successor provisions, and includes any support plans or service needs identified as
a result of long-term care consultation, or a support team meeting that includes the
participation of the person, the person's legal representative, and case manager, or assigned
to a license holder through an authorized service agreement.
 deleted text end

Subd. 32.

Service site.

"Service site" means the location where the service is
provided to the person, including, but not limited to, a facility licensed according to
chapter 245A; a location where the license holder is the owner, lessor, or tenant; a person's
own home; or a community-based location.

deleted text begin Subd. 33. deleted text end

deleted text begin Staff. deleted text end

deleted text begin "Staff" means an employee who will have direct contact with a
person served by the facility, agency, or program.
 deleted text end

new text begin Subd. 33a. new text end

new text begin Supervised living facility. new text end

new text begin "Supervised living facility" has the meaning
given in Minnesota Rules, part 4665.0100, subpart 10.
 new text end

new text begin Subd. 33b. new text end

new text begin Supervision. new text end

new text begin (a) "Supervision" means:
 new text end

new text begin (1) oversight by direct support staff as specified in the person's coordinated service
and support plan and awareness of the person's needs and activities;
 new text end

new text begin (2) responding to situations that present a serious risk to the health, safety, or rights
of the person while services are being provided; and
 new text end

new text begin (3) the presence of direct support staff at a service site while services are being
provided, unless a determination has been made and documented in the person's
coordinated service and support plan that the person does not require the presence of direct
support staff while services are being provided.
 new text end

new text begin (b) For the purposes of this definition, "while services are being provided," means
any period of time during which the license holder will seek reimbursement for services.
 new text end

Subd. 34.

Support team.

"Support team" means the service planning team
identified in section 256B.49, subdivision 15, or the interdisciplinary team identified in
Minnesota Rules, part 9525.0004, subpart 14.

new text begin Subd. 34a. new text end

new text begin Time out. new text end

new text begin "Time out" means removing a person involuntarily from an
ongoing activity to a room, either locked or unlocked, or otherwise separating a person
from others in a way that prevents social contact and prevents the person from leaving the
situation if the person chooses.
 new text end

deleted text begin Subd. 35. deleted text end

deleted text begin Unit of government. deleted text end

deleted text begin "Unit of government" means every city, county,
town, school district, other political subdivisions of the state, and any agency of the state
or the United States, and includes any instrumentality of a unit of government.
 deleted text end

new text begin Subd. 35a. new text end

new text begin Treatment. new text end

new text begin "Treatment" means the provision of care, other than
medications, ordered or prescribed by a licensed health professional, provided to a person
to cure, rehabilitate, or ease symptoms.
 new text end

Subd. 36.

Volunteer.

"Volunteer" means an individual who, under the direction of the
license holder, provides direct services without pay to a person served by the license holder.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 17.

Minnesota Statutes 2012, section 245D.03, is amended to read:


245D.03 APPLICABILITY AND EFFECT.

Subdivision 1.

Applicability.

new text begin (a) new text end The commissioner shall regulate the provision of
home and community-based services to persons with disabilities and persons age 65 and
older pursuant to this chapter. The licensing standards in this chapter govern the provision
of deleted text begin the followingdeleted text end new text begin basic supportnew text end servicesdeleted text begin :deleted text end new text begin and intensive support services.
new text end

deleted text begin (1) housing access coordination as defined under the current BI, CADI, and DD
waiver plans or successor plans;
 deleted text end

deleted text begin (2) respite services as defined under the current CADI, BI, CAC, DD, and EW
waiver plans or successor plans when the provider is an individual who is not an employee
of a residential or nonresidential program licensed by the Department of Human Services
or the Department of Health that is otherwise providing the respite service;
 deleted text end

deleted text begin (3) behavioral programming as defined under the current BI and CADI waiver
plans or successor plans;
 deleted text end

deleted text begin (4) specialist services as defined under the current DD waiver plan or successor plans;
 deleted text end

deleted text begin (5) companion services as defined under the current BI, CADI, and EW waiver
plans or successor plans, excluding companion services provided under the Corporation
for National and Community Services Senior Companion Program established under the
Domestic Volunteer Service Act of 1973, Public Law 98-288;
 deleted text end

deleted text begin (6) personal support as defined under the current DD waiver plan or successor plans;
 deleted text end

deleted text begin (7) 24-hour emergency assistance, on-call and personal emergency response as
defined under the current CADI and DD waiver plans or successor plans;
 deleted text end

deleted text begin (8) night supervision services as defined under the current BI waiver plan or
successor plans;
 deleted text end

deleted text begin (9) homemaker services as defined under the current CADI, BI, CAC, DD, and EW
waiver plans or successor plans, excluding providers licensed by the Department of Health
under chapter 144A and those providers providing cleaning services only;
 deleted text end

deleted text begin (10) independent living skills training as defined under the current BI and CADI
waiver plans or successor plans;
 deleted text end

deleted text begin (11) prevocational services as defined under the current BI and CADI waiver plans
or successor plans;
 deleted text end

deleted text begin (12) structured day services as defined under the current BI waiver plan or successor
plans; or
 deleted text end

deleted text begin (13) supported employment as defined under the current BI and CADI waiver plans
or successor plans.
 deleted text end

new text begin (b) Basic support services provide the level of assistance, supervision, and care that
is necessary to ensure the health and safety of the person and do not include services that
are specifically directed toward the training, habilitation, or rehabilitation of the person.
Basic support services include:
 new text end

new text begin (1) in-home and out-of-home respite care services as defined in section 245A.02,
subdivision 15, and under the brain injury, community alternative care, community
alternatives for disabled individuals, developmental disability, and elderly waiver plans;
 new text end

new text begin (2) companion services as defined under the brain injury, community alternatives for
disabled individuals, and elderly waiver plans, excluding companion services provided
under the Corporation for National and Community Services Senior Companion Program
established under the Domestic Volunteer Service Act of 1973, Public Law 98-288;
 new text end

new text begin (3) personal support as defined under the developmental disability waiver plan;
 new text end

new text begin (4) 24-hour emergency assistance, personal emergency response as defined under the
community alternatives for disabled individuals and developmental disability waiver plans;
 new text end

new text begin (5) night supervision services as defined under the brain injury waiver plan; and
 new text end

new text begin (6) homemaker services as defined under the community alternatives for disabled
individuals, brain injury, community alternative care, developmental disability, and elderly
waiver plans, excluding providers licensed by the Department of Health under chapter
144A and those providers providing cleaning services only.
 new text end

new text begin (c) Intensive support services provide assistance, supervision, and care that is
necessary to ensure the health and safety of the person and services specifically directed
toward the training, habilitation, or rehabilitation of the person. Intensive support services
include:
 new text end

new text begin (1) intervention services, including:
 new text end

new text begin (i) behavioral support services as defined under the brain injury and community
alternatives for disabled individuals waiver plans;
 new text end

new text begin (ii) in-home or out-of-home crisis respite services as defined under the developmental
disability waiver plan; and
 new text end

new text begin (iii) specialist services as defined under the current developmental disability waiver
plan;
 new text end

new text begin (2) in-home support services, including:
 new text end

new text begin (i) in-home family support and supported living services as defined under the
developmental disability waiver plan;
 new text end

new text begin (ii) independent living services training as defined under the brain injury and
community alternatives for disabled individuals waiver plans; and
 new text end

new text begin (iii) semi-independent living services;
 new text end

new text begin (3) residential supports and services, including:
 new text end

new text begin (i) supported living services as defined under the developmental disability waiver
plan provided in a family or corporate child foster care residence, a family adult foster
care residence, a community residential setting, or a supervised living facility;
 new text end

new text begin (ii) foster care services as defined in the brain injury, community alternative care,
and community alternatives for disabled individuals waiver plans provided in a family or
corporate child foster care residence, a family adult foster care residence, or a community
residential setting; and
 new text end

new text begin (iii) residential services provided in a supervised living facility that is certified by
the Department of Health as an ICF/DD;
 new text end

new text begin (4) day services, including:
 new text end

new text begin (i) structured day services as defined under the brain injury waiver plan;
 new text end

new text begin (ii) day training and habilitation services under sections 252.40 to 252.46, and as
defined under the developmental disability waiver plan; and
 new text end

new text begin (iii) prevocational services as defined under the brain injury and community
alternatives for disabled individuals waiver plans; and
 new text end

new text begin (5) supported employment as defined under the brain injury, developmental
disability, and community alternatives for disabled individuals waiver plans.
 new text end

Subd. 2.

Relationship to other standards governing home and community-based
services.

(a) A license holder governed by this chapter is also subject to the licensure
requirements under chapter 245A.

(b) deleted text begin A license holder concurrently providing child foster care services licensed
according to Minnesota Rules, chapter 2960, to the same person receiving a service licensed
under this chapter is exempt from section 245D.04 as it applies to the person.deleted text end new text begin A corporate
or family child foster care site controlled by a license holder and providing services
governed by this chapter is exempt from compliance with section 245D.04. This exemption
applies to foster care homes where at least one resident is receiving residential supports
and services licensed according to this chapter. This chapter does not apply to corporate or
family child foster care homes that do not provide services licensed under this chapter.
new text end

new text begin (c) A family adult foster care site controlled by a license holder and providing
services governed by this chapter is exempt from compliance with Minnesota Rules, parts
9555.6185; 9555.6225, subpart 8; 9555.6235, item C; 9555.6245; 9555.6255, subpart
2; and 9555.6265. These exemptions apply to family adult foster care homes where at
least one resident is receiving residential supports and services licensed according to this
chapter. This chapter does not apply to family adult foster care homes that do not provide
services licensed under this chapter.
 new text end

new text begin (d) A license holder providing services licensed according to this chapter in a
supervised living facility is exempt from compliance with sections 245D.04; 245D.05,
subdivision 2; and 245D.06, subdivision 2, clauses (1), (4), and (5).
 new text end

new text begin (e) A license holder providing residential services to persons in an ICF/DD is exempt
from compliance with sections 245D.04; 245D.05, subdivision 1b; 245D.06, subdivision
2, clauses (4) and (5); 245D.071, subdivisions 4 and 5; 245D.081, subdivision 2; 245D.09,
subdivision 7; 245D.095, subdivision 2; and 245D.11, subdivision 3.
 new text end

deleted text begin (c)deleted text end new text begin (f)new text end A license holder deleted text begin concurrentlydeleted text end providing deleted text begin home caredeleted text end new text begin homemakernew text end services
deleted text begin registereddeleted text end new text begin licensednew text end according to deleted text begin sections 144A.43 to 144A.49 to the same person receiving
home management services licensed underdeleted text end this chapter new text begin and registered according to chapter
144A new text end is exempt from new text begin compliance with new text end section 245D.04 deleted text begin as it applies to the persondeleted text end .

deleted text begin (d) A license holder identified in subdivision 1, clauses (1), (5), and (9), is exempt
from compliance with sections 245A.65, subdivision 2, paragraph (a), and 626.557,
subdivision 14, paragraph (b).
 deleted text end

deleted text begin (e) Notwithstanding section 245D.06, subdivision 5, a license holder providing
structured day, prevocational, or supported employment services under this chapter
and day training and habilitation or supported employment services licensed under
chapter 245B within the same program is exempt from compliance with this chapter
when the license holder notifies the commissioner in writing that the requirements under
chapter 245B will be met for all persons receiving these services from the program. For
the purposes of this paragraph, if the license holder has obtained approval from the
commissioner for an alternative inspection status according to section 245B.031, that
approval will apply to all persons receiving services in the program.
 deleted text end

new text begin (g) Nothing in this chapter prohibits a license holder from concurrently serving
persons without disabilities or people who are or are not age 65 and older, provided this
chapter's standards are met as well as other relevant standards.
 new text end

new text begin (h) The documentation required under sections 245D.07 and 245D.071 must meet
the individual program plan requirements identified in section 256B.092 or successor
provisions.
 new text end

Subd. 3.

Variance.

If the conditions in section 245A.04, subdivision 9, are met,
the commissioner may grant a variance to any of the requirements in this chapter, except
sections 245D.04, deleted text begin and 245D.10, subdivision 4, paragraph (b)deleted text end new text begin 245D.06, subdivision 4,
paragraph (b), and 245D.061, subdivision 3new text end , or provisions governing data practices and
information rights of persons.

deleted text begin Subd. 4. deleted text end

deleted text begin License holders with multiple 245D licenses. deleted text end

deleted text begin (a) When a person changes
service from one license to a different license held by the same license holder, the license
holder is exempt from the requirements in section 245D.10, subdivision 4, paragraph (b).
 deleted text end

deleted text begin (b) When a staff person begins providing direct service under one or more licenses
held by the same license holder, other than the license for which staff orientation was
initially provided according to section 245D.09, subdivision 4, the license holder is
exempt from those staff orientation requirements, except the staff person must review each
person's service plan and medication administration procedures in accordance with section
245D.09, subdivision 4, paragraph (c), if not previously reviewed by the staff person.
 deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 18.

new text begin [245D.031] LICENSURE REQUIREMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Registering the license. new text end

new text begin Within 30 days of licensure, license holders
must register their service online at the Web site containing the service information
developed by the Minnesota Board on Aging under section 256.975, subdivision 7,
paragraph (b), clause (1). Providers entering information under this section shall ensure that
current service information, rates, and vacancies are maintained. Registration must ensure
that information about the license holder's agency and services will be available to persons
seeking services and county agencies where services are provided. The license holder must
ensure that current information is maintained. If the information required in subdivision 2
changes, the license holder must update the information within 30 days of the change.
 new text end

new text begin Subd. 2. new text end

new text begin Information required for registration. new text end

new text begin The license holder must provide
the following information in the format specified by the Minnesota Board on Aging:
 new text end

new text begin (1) populations served with consideration of at least the following characteristics
of the persons: cultural background, gender, age, disability or medical condition, and
legal status;
 new text end

new text begin (2) the primary support and service needs of persons to be served that the license
holder will meet in the licensed program or service;
 new text end

new text begin (3) the license holder's expertise and qualifications to provide the services noted in
the program description;
 new text end

new text begin (4) a description of the specific extent and limitations of the program, including the
county or counties where services will be provided;
 new text end

new text begin (5) a description of how the license holder will involve the person's cultural or ethnic
community to ensure culturally appropriate care;
 new text end

new text begin (6) a description of those services provided directly by the license holder or the
license holder's direct support staff and those services to be provided by subcontractors
including, but not limited to, transportation services; and
 new text end

new text begin (7) daily service availability such as vacancies or units of service that can be
accessed by persons served.
 new text end

new text begin Subd. 3. new text end

new text begin Program certification. new text end

new text begin An applicant or a license holder may apply for
program certification as identified in section 245D.33.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 19.

Minnesota Statutes 2012, section 245D.04, is amended to read:


245D.04 SERVICE RECIPIENT RIGHTS.

Subdivision 1.

License holder responsibility for individual rights of persons
served by the program.

The license holder must:

(1) provide each person or each person's legal representative with a written notice
that identifies the service recipient rights in subdivisions 2 and 3, and an explanation of
those rights within five working days of service initiation and annually thereafter;

(2) make reasonable accommodations to provide this information in other formats
or languages as needed to facilitate understanding of the rights by the person and the
person's legal representative, if any;

(3) maintain documentation of the person's or the person's legal representative's
receipt of a copy and an explanation of the rights; and

(4) ensure the exercise and protection of the person's rights in the services provided
by the license holder and as authorized in the new text begin coordinated new text end service new text begin and support new text end plan.

Subd. 2.

Service-related rights.

A person's service-related rights include the right to:

(1) participate in the development and evaluation of the services provided to the
person;

(2) have services new text begin and supports new text end identified in the new text begin coordinated new text end service new text begin and support new text end plan
new text begin and the coordinated service and support plan addendum new text end provided in a manner that respects
and takes into consideration the person's preferencesnew text begin according to the requirements in
sections 245D.07 and 245D.071new text end ;

(3) refuse or terminate services and be informed of the consequences of refusing
or terminating services;

(4) know, in advance, limits to the services available from the license holdernew text begin ,
including the license holder's knowledge, skill, and ability to meet the person's service and
support needs based on the information required in section 245D.031, subdivision 2new text end ;

(5) know conditions and terms governing the provision of services, including the
license holder's new text begin admission criteria and new text end policies and procedures related to temporary
service suspension and service termination;

(6) new text begin a coordinated transfer to ensure continuity of care when there will be a change
in the provider;
new text end

new text begin (7) new text end know what the charges are for services, regardless of who will be paying for the
services, and be notified of changes in those charges;

deleted text begin (7)deleted text end new text begin (8)new text end know, in advance, whether services are covered by insurance, government
funding, or other sources, and be told of any charges the person or other private party
may have to pay; and

deleted text begin (8)deleted text end new text begin (9)new text end receive services from an individual who is competent and trained, who has
professional certification or licensure, as required, and who meets additional qualifications
identified in the person's new text begin coordinated new text end service new text begin and support new text end plandeleted text begin .deleted text end new text begin or coordinated service and
support plan addendum.
new text end

Subd. 3.

Protection-related rights.

(a) A person's protection-related rights include
the right to:

(1) have personal, financial, service, health, and medical information kept private,
and be advised of disclosure of this information by the license holder;

(2) access records and recorded information about the person in accordance with
applicable state and federal law, regulation, or rule;

(3) be free from maltreatment;

(4) be free from restraintnew text begin , time out,new text end or seclusion deleted text begin used for a purpose other thandeleted text end new text begin except
for emergency use of manual restraintnew text end to protect the person from imminent danger to self
or othersnew text begin according to the requirements in section 245D.06new text end ;

(5) receive services in a clean and safe environment when the license holder is the
owner, lessor, or tenant of the service site;

(6) be treated with courtesy and respect and receive respectful treatment of the
person's property;

(7) reasonable observance of cultural and ethnic practice and religion;

(8) be free from bias and harassment regarding race, gender, age, disability,
spirituality, and sexual orientation;

(9) be informed of and use the license holder's grievance policy and procedures,
including knowing how to contact persons responsible for addressing problems and to
appeal under section 256.045;

(10) know the name, telephone number, and the Web site, e-mail, and street
addresses of protection and advocacy services, including the appropriate state-appointed
ombudsman, and a brief description of how to file a complaint with these offices;

(11) assert these rights personally, or have them asserted by the person's family,
authorized representative, or legal representative, without retaliation;

(12) give or withhold written informed consent to participate in any research or
experimental treatment;

(13) associate with other persons of the person's choice;

(14) personal privacy; and

(15) engage in chosen activities.

(b) For a person residing in a residential site licensed according to chapter 245A,
or where the license holder is the owner, lessor, or tenant of the residential service site,
protection-related rights also include the right to:

(1) have daily, private access to and use of a non-coin-operated telephone for local
calls and long-distance calls made collect or paid for by the person;

(2) receive and send, without interference, uncensored, unopened mail or electronic
correspondence or communication; deleted text begin and
deleted text end

(3) new text begin have use of and free access to common areas in the residence; and
new text end

new text begin (4) new text end privacy for visits with the person's spouse, next of kin, legal counsel, religious
advisor, or others, in accordance with section 363A.09 of the Human Rights Act, including
privacy in the person's bedroom.

(c) Restriction of a person's rights under new text begin subdivision 2, clause (10), or new text end paragraph (a),
clauses (13) to (15), or paragraph (b) is allowed only if determined necessary to ensure
the health, safety, and well-being of the person. Any restriction of those rights must be
documented in the new text begin person's coordinated new text end service new text begin and support new text end plan deleted text begin for the person anddeleted text end new text begin or
coordinated service and support plan addendum. The restriction must be implemented
in the least restrictive alternative manner necessary to protect the person and provide
support to reduce or eliminate the need for the restriction in the most integrated setting
and inclusive manner. The documentationnew text end must include the following information:

(1) the justification for the restriction based on an assessment of the person's
vulnerability related to exercising the right without restriction;

(2) the objective measures set as conditions for ending the restriction;

(3) a schedule for reviewing the need for the restriction based on the conditions for
ending the restriction to occurdeleted text begin , at a minimum, every three months for persons who do not
have a legal representative and annually for persons who do have a legal representative
deleted text end new text begin semiannually new text end from the date of initial approvalnew text begin , at a minimum, or more frequently if
requested by the person, the person's legal representative, if any, and case managernew text end ; and

(4) signed and dated approval for the restriction from the person, or the person's
legal representative, if any. A restriction may be implemented only when the required
approval has been obtained. Approval may be withdrawn at any time. If approval is
withdrawn, the right must be immediately and fully restored.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 20.

Minnesota Statutes 2012, section 245D.05, is amended to read:


245D.05 HEALTH SERVICES.

Subdivision 1.

Health needs.

(a) The license holder is responsible for deleted text begin providing
deleted text end new text begin meetingnew text end health deleted text begin servicesdeleted text end new text begin service needsnew text end assigned in the new text begin coordinated new text end service new text begin and support new text end plan
deleted text begin anddeleted text end new text begin or the coordinated service and support plan addendum, new text end consistent with the person's
health needs. The license holder is responsible for promptly notifying deleted text begin the person or
deleted text end the person's legal representativenew text begin , if any,new text end and the case manager of changes in a person's
physical and mental health needs affecting deleted text begin assigneddeleted text end health deleted text begin servicesdeleted text end new text begin service needs assigned
to the license holder in the coordinated service and support plan or the coordinated service
and support plan addendumnew text end , when discovered by the license holder, unless the license
holder has reason to know the change has already been reported. The license holder
must document when the notice is provided.

(b) deleted text begin When assigned in the service plan,deleted text end new text begin If responsibility for meeting the person's
health service needs has been assigned to the license holder in the coordinated service and
support plan or the coordinated service and support plan addendum,new text end the license holder deleted text begin is
required todeleted text end new text begin mustnew text end maintain documentation on how the person's health needs will be met,
including a description of the procedures the license holder will follow in order to:

(1) provide medication deleted text begin administration,deleted text end new text begin assistance or new text end medication deleted text begin assistance, or
medication managementdeleted text end new text begin administrationnew text end according to this chapter;

(2) monitor health conditions according to written instructions from deleted text begin the person's
physician odeleted text end r a licensed health professional;

(3) assist with or coordinate medical, dental, and other health service appointments; or

(4) use medical equipment, devices, or adaptive aides or technology safely and
correctly according to written instructions from deleted text begin the person's physician ordeleted text end a licensed
health professional.

new text begin Subd. 1a. new text end

new text begin Medication setup. new text end

new text begin For the purposes of this subdivision, "medication
setup" means the arranging of medications according to instructions from the pharmacy,
the prescriber, or a licensed nurse, for later administration when the license holder
is assigned responsibility for medication assistance or medication administration in
the coordinated service and support plan or the coordinated service and support plan
addendum. A prescription label or the prescriber's written or electronically recorded order
for the prescription is sufficient to constitute written instructions from the prescriber. The
license holder must document in the person's medication administration record: dates
of setup, name of medication, quantity of dose, times to be administered, and route of
administration at time of setup; and, when the person will be away from home, to whom
the medications were given.
 new text end

new text begin Subd. 1b. new text end

new text begin Medication assistance. new text end

new text begin If responsibility for medication assistance
is assigned to the license holder in the coordinated service and support plan or the
coordinated service and support plan addendum, the license holder must ensure that
the requirements of subdivision 2, paragraph (b), have been met when staff provides
medication assistance to enable a person to self-administer medication or treatment when
the person is capable of directing the person's own care, or when the person's legal
representative is present and able to direct care for the person. For the purposes of this
subdivision, "medication assistance" means any of the following:
 new text end

new text begin (1) bringing to the person and opening a container of previously set up medications,
emptying the container into the person's hand, or opening and giving the medications in
the original container to the person;
 new text end

new text begin (2) bringing to the person liquids or food to accompany the medication; or
 new text end

new text begin (3) providing reminders to take regularly scheduled medication or perform regularly
scheduled treatments and exercises.
 new text end

Subd. 2.

Medication administration.

(a) new text begin If responsibility for medication
administration is assigned to the license holder in the coordinated service and support plan
or the coordinated service and support plan addendum, the license holder must implement
the following medication administration procedures to ensure a person takes medications
and treatments as prescribed:
new text end

new text begin (1) checking the person's medication record;
 new text end

new text begin (2) preparing the medication as necessary;
 new text end

new text begin (3) administering the medication or treatment to the person;
 new text end

new text begin (4) documenting the administration of the medication or treatment or the reason for
not administering the medication or treatment; and
 new text end

new text begin (5) reporting to the prescriber or a nurse any concerns about the medication or
treatment, including side effects, effectiveness, or a pattern of the person refusing to
take the medication or treatment as prescribed. Adverse reactions must be immediately
reported to the prescriber or a nurse.
 new text end

new text begin (b)(1) new text end The license holder must ensure that the deleted text begin following criteriadeleted text end new text begin requirements in
clauses (2) to (4)new text end have been met before deleted text begin staff that is not a licensed health professional
administersdeleted text end new text begin administering new text end medication or treatmentdeleted text begin :deleted text end new text begin .
new text end

deleted text begin (1)deleted text end new text begin (2) The license holder must obtainnew text end written authorization deleted text begin has been obtaineddeleted text end from
the person or the person's legal representative to administer medication or treatment
deleted text begin orders;deleted text end new text begin and must obtain reauthorization annually as needed. If the person or the person's
legal representative refuses to authorize the license holder to administer medication, the
medication must not be administered. The refusal to authorize medication administration
must be reported to the prescriber as expediently as possible.
new text end

deleted text begin (2)deleted text end new text begin (3)new text end The staff person deleted text begin has completeddeleted text end new text begin responsible for administering the medication
or treatment must completenew text end medication administration training according to section
245D.09, subdivision deleted text begin 4deleted text end deleted text begin , paragraphdeleted text end new text begin 4a, paragraphs (a) andnew text end (c), deleted text begin clause (2);deleted text end andnew text begin , as applicable
to the person, paragraph (d).
new text end

deleted text begin (3) The medication or treatment will be administered under administration
procedures established for the person in consultation with a licensed health professional.
written instruction from the person's physician may constitute the medication
administration procedures. A prescription label or the prescriber's order for the
prescription is sufficient to constitute written instructions from the prescriber. A licensed
health professional may delegate medication administration procedures.
 deleted text end

new text begin (4) For a license holder providing intensive support services, the medication or
treatment must be administered according to the license holder's medication administration
policy and procedures as required under section 245D.11, subdivision 2, clause (3).
 new text end

deleted text begin (b)deleted text end new text begin (c)new text end The license holder must ensure the following information is documented in
the person's medication administration record:

(1) the information on the new text begin current new text end prescription label or the prescriber's new text begin current written
or electronically recorded new text end order new text begin or prescription new text end that includes deleted text begin directions fordeleted text end new text begin the person's
name, description of the medication or treatment to be provided, and the frequency and
other information needed tonew text end safely and correctly deleted text begin administeringdeleted text end new text begin administernew text end the medication
new text begin or treatment new text end to ensure effectiveness;

(2) information on any deleted text begin discomforts,deleted text end risksdeleted text begin ,deleted text end or other side effects that are reasonable to
expect, and any contraindications to its usenew text begin . This information must be readily available
to all staff administering the medicationnew text end ;

(3) the possible consequences if the medication or treatment is not taken or
administered as directed;

(4) instruction deleted text begin from the prescriberdeleted text end on when and to whom to report the following:

(i) if deleted text begin thedeleted text end new text begin a dose ofnew text end medication deleted text begin or treatmentdeleted text end is not administered new text begin or treatment is not
performed new text end as prescribed, whether by error by the staff or the person or by refusal by
the person; and

(ii) the occurrence of possible adverse reactions to the medication or treatment;

(5) notation of any occurrence of new text begin a dose of new text end medication not being administered new text begin or
treatment not performed new text end as prescribednew text begin , whether by error by the staff or the person or by
refusal by the person,new text end or of adverse reactions, and when and to whom the report was
made; and

(6) notation of when a medication or treatment is started, new text begin administered, new text end changed, or
discontinued.

deleted text begin (c) The license holder must ensure that the information maintained in the medication
administration record is current and is regularly reviewed with the person or the person's
legal representative and the staff administering the medication to identify medication
administration issues or errors. At a minimum, the review must be conducted every three
months or more often if requested by the person or the person's legal representative.
Based on the review, the license holder must develop and implement a plan to correct
medication administration issues or errors. If issues or concerns are identified related to
the medication itself, the license holder must report those as required under subdivision 4.
 deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Medication assistance. deleted text end

deleted text begin The license holder must ensure that the
requirements of subdivision 2, paragraph (a), have been met when staff provides assistance
to enable a person to self-administer medication when the person is capable of directing
the person's own care, or when the person's legal representative is present and able to
direct care for the person.
 deleted text end

Subd. 4.

new text begin Reviewing and new text end reporting medication and treatment issues.

deleted text begin The
following medication administration issues must be reported to the person or the person's
legal representative and case manager as they occur or following timelines established
in the person's service plan or as requested in writing by the person or the person's legal
representative, or the case manager: deleted text end new text begin (a) When assigned responsibility for medication
administration, the license holder must ensure that the information maintained in
the medication administration record is current and is regularly reviewed to identify
medication administration errors. At a minimum, the review must be conducted every
three months, or more frequently as directed in the coordinated service and support plan
or coordinated service and support plan addendum or as requested by the person or the
person's legal representative. Based on the review, the license holder must develop and
implement a plan to correct patterns of medication administration errors when identified.
 new text end

new text begin (b) If assigned responsibility for medication assistance or medication administration,
the license holder must report the following to the person's legal representative and case
manager as they occur or as otherwise directed in the community service and support plan
or the coordinated service and support plan addendum:
 new text end

(1) any reports made to the person's physician or prescriber required under
subdivision 2, paragraph deleted text begin (b)deleted text end new text begin (c)new text end , clause (4);

(2) a person's refusal or failure to take new text begin or receive new text end medication or treatment as
prescribed; or

(3) concerns about a person's self-administration of medicationnew text begin or treatmentnew text end .

Subd. 5.

Injectable medications.

Injectable medications may be administered
according to a prescriber's order and written instructions when one of the following
conditions has been met:

(1) a registered nurse or licensed practical nurse will administer the subcutaneous or
intramuscular injection;

(2) a supervising registered nurse with a physician's order has delegated the
administration of subcutaneous injectable medication to an unlicensed staff member
and has provided the necessary training; or

(3) there is an agreement signed by the license holder, the prescriber, and the
person or the person's legal representative specifying what subcutaneous injections may
be given, when, how, and that the prescriber must retain responsibility for the license
holder's giving the injections. A copy of the agreement must be placed in the person's
service recipient record.

Only licensed health professionals are allowed to administer psychotropic
medications by injection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 21.

new text begin [245D.051] PSYCHOTROPIC MEDICATION USE AND
MONITORING.
 new text end

new text begin Subdivision 1. new text end

new text begin Conditions for psychotropic medication administration. new text end

new text begin (a)
When a person is prescribed a psychotropic medication and the license holder is assigned
responsibility for administration of the medication in the person's coordinated service
and support plan or the coordinated service and support plan addendum, the license
holder must ensure that the requirements in paragraphs (b) to (d) and section 245D.05,
subdivision 2, are met.
 new text end

new text begin (b) Use of the medication must be included in the person's coordinated service and
support plan or in the coordinated service and support plan addendum and based on a
prescriber's current written or electronically recorded prescription.
 new text end

new text begin (c) The license holder must develop, implement, and maintain the following
documentation in the person's coordinated service and support plan addendum according
to the requirements in sections 245D.07 and 245D.071:
 new text end

new text begin (1) a description of the target symptoms that the psychotropic medication is to
alleviate; and
 new text end

new text begin (2) documentation methods the license holder will use to monitor and measure
changes in the target symptoms that are to be alleviated by the psychotropic medication if
required by the prescriber. The license holder must collect and report on medication and
symptom-related data as instructed by the prescriber. The license holder must provide
the monitoring data to the expanded support team for review every three months, or as
otherwise requested by the person or the person's legal representative.
 new text end

new text begin For the purposes of this section, "target symptom" refers to any perceptible
diagnostic criteria for a person's diagnosed mental disorder as defined by the Diagnostic
and Statistical Manual of Mental Disorders Fourth Edition Text Revision (DSM-IV-TR) or
successive editions that has been identified for alleviation.
 new text end

new text begin (d) If a person is prescribed a psychotropic medication and monitoring the use of
the psychotropic medication has not been assigned in the coordinated service and support
plan, and the person lives in a licensed residential site controlled by the license holder, the
license holder must monitor the psychotropic medication as required by this section.
 new text end

new text begin Subd. 2. new text end

new text begin Refusal to authorize psychotropic medication. new text end

new text begin If the person or the
person's legal representative refuses to authorize the administration of a psychotropic
medication as ordered by the prescriber, the license holder must follow the requirement
in section 245D.05, subdivision 2, paragraph (b), clause (2). After reporting the refusal
to the prescriber, the license holder must follow any directives or orders given by the
prescriber. A court order must be obtained to override the refusal. Refusal to authorize
administration of a specific psychotropic medication is not grounds for service termination
and does not constitute an emergency. A decision to terminate services must be reached in
compliance with section 245D.10, subdivision 3.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 22.

Minnesota Statutes 2012, section 245D.06, is amended to read:


245D.06 PROTECTION STANDARDS.

Subdivision 1.

Incident response and reporting.

(a) The license holder must
respond to deleted text begin alldeleted text end incidents under section 245D.02, subdivision 11, that occur while providing
services to protect the health and safety of and minimize risk of harm to the person.
new text begin Responses to incidents involving the emergency use of manual restraints must comply
with the requirements in section 245D.061.
new text end

(b) The license holder must maintain information about and report incidents to the
person's legal representative or designated emergency contact and case manager within 24
hours of an incident occurring while services are being provided, deleted text begin ordeleted text end within 24 hours of
discovery or receipt of information that an incident occurred, unless the license holder
has reason to know that the incident has already been reportednew text begin , or as otherwise directed
in a person's coordinated service and support plan or coordinated service and support
plan addendumnew text end . An incident of suspected or alleged maltreatment must be reported as
required under paragraph (d), and an incident of serious injury or death must be reported
as required under paragraph (e).

(c) When the incident involves more than one person, the license holder must not
disclose personally identifiable information about any other person when making the report
to each person and case manager unless the license holder has the consent of the person.

(d) Within 24 hours of reporting maltreatment as required under section 626.556
or 626.557, the license holder must inform the case manager of the report unless there is
reason to believe that the case manager is involved in the suspected maltreatment. The
license holder must disclose the nature of the activity or occurrence reported and the
agency that received the report.

(e) The license holder must report the death or serious injury of the person deleted text begin to the legal
representative, if any, and case manager,deleted text end new text begin as required in paragraph (b) and to new text end the Department
of Human Services Licensing Division, and the Office of Ombudsman for Mental Health
and Developmental Disabilities as required under section 245.94, subdivision 2a, within
24 hours of the death, or receipt of information that the death occurred, unless the license
holder has reason to know that the death has already been reported.

(f) The license holder must conduct deleted text begin adeleted text end new text begin an internalnew text end review of incident reportsnew text begin of deaths
and serious injuries that occurred while services were being provided and that were not
reported by the program as alleged or suspected maltreatmentnew text end , for identification of incident
patterns, and implementation of corrective action as necessary to reduce occurrences.
new text begin The review must include an evaluation of whether related policies and procedures were
followed, whether the policies and procedures were adequate, whether there is a need for
additional staff training, whether the reported event is similar to past events with the
persons or the services involved, and whether there is a need for corrective action by the
license holder to protect the health and safety of persons receiving services. Based on
the results of this review, the license holder must develop, document, and implement a
corrective action plan designed to correct current lapses and prevent future lapses in
performance by staff or the license holder, if any.
new text end

new text begin (g) The license holder must report the emergency use of manual restraint of a
person as required in paragraph (b), and to the Department of Human Services Licensing
Division within 24 hours of the occurrence. The license holder must conduct an internal
review of all incident reports of the emergency use of manual restraints according to the
requirements in section 245D.061.
 new text end

Subd. 2.

Environment and safety.

The license holder must:

(1) ensure the following when the license holder is the owner, lessor, or tenant
of deleted text begin thedeleted text end new text begin an unlicensednew text end service site:

(i) the service site is a safe and hazard-free environment;

(ii) deleted text begin doors are locked ordeleted text end toxic substances or dangerous items deleted text begin normally accessibledeleted text end new text begin are
inaccessiblenew text end to persons served by the program deleted text begin are stored in locked cabinets, drawers, or
containersdeleted text end only to protect the safety of a person receiving services and not as a substitute
for staff supervision or interactions with a person who is receiving services. If deleted text begin doors are
locked ordeleted text end toxic substances or dangerous items deleted text begin normally accessible to persons served by the
program are stored in locked cabinets, drawers, or containersdeleted text end new text begin are made inaccessiblenew text end , the
license holder must deleted text begin justify and document how this determination was made in consultation
with the person or person's legal representative, and how access will otherwise be provided
to the person and all other affected persons receiving services; anddeleted text end new text begin document an assessment
of the physical plant, its environment, and its population identifying the risk factors which
require toxic substances or dangerous items to be inaccessible and a statement of specific
measures to be taken to minimize the safety risk to persons receiving services;
new text end

new text begin (iii) doors are locked from the inside to prevent a person from exiting only when
necessary to protect the safety of a person receiving services and not as a substitute for
staff supervision or interactions with the person. If doors are locked from the inside, the
license holder must document an assessment of the physical plant, the environment and
the population served, identifying the risk factors which require the use of locked doors,
and a statement of specific measures to be taken to minimize the safety risk to persons
receiving services at the service site; and
 new text end

deleted text begin (iii)deleted text end new text begin (iv)new text end a staff person is available on site who is trained in basic first aidnew text begin and,
when required in a person's coordinated service and support plan, cardiopulmonary
resuscitation,new text end whenever persons are present and staff are required to be at the site to
provide direct servicenew text begin . The training must include in-person instruction, hands-on practice,
and an observed skills assessment under the direct supervision of a first aid instructornew text end ;

(2) maintain equipment, vehicles, supplies, and materials owned or leased by the
license holder in good condition when used to provide services;

(3) follow procedures to ensure safe transportation, handling, and transfers of the
person and any equipment used by the person, when the license holder is responsible for
transportation of a person or a person's equipment;

(4) be prepared for emergencies and follow emergency response procedures to
ensure the person's safety in an emergency; and

(5) follow new text begin universal precautions and new text end sanitary practicesnew text begin , including hand washing,new text end for
infection new text begin prevention and new text end controlnew text begin ,new text end and to prevent communicable diseases.

Subd. 3.

Compliance with fire and safety codes.

When services are provided at
deleted text begin adeleted text end new text begin an unlicensednew text end service site deleted text begin licensed according to chapter 245A ordeleted text end where the license
holder is the owner, lessor, or tenant of the service site, the license holder must document
compliance with applicable building codes, fire and safety codes, health rules, and zoning
ordinances, or document that an appropriate waiver has been granted.

Subd. 4.

Funds and property.

(a) Whenever the license holder assists a person
with the safekeeping of funds or other property according to section 245A.04, subdivision
13, the license holder must deleted text begin havedeleted text end new text begin obtainnew text end written authorization to do so from the person new text begin or
the person's legal representative new text end and the case manager.new text begin Authorization must be obtained
within five working days of service initiation and renewed annually thereafter. At the time
initial authorization is obtained, the license holder must survey, document, and implement
the preferences of the person or the person's legal representative and the case manager
for frequency of receiving a statement that itemizes receipts and disbursements of funds
or other property. The license holder must document changes to these preferences when
they are requested.
new text end

(b) A license holder or staff person may not accept powers-of-attorney from a
person receiving services from the license holder for any purposedeleted text begin , and may not accept an
appointment as guardian or conservator of a person receiving services from the license
holderdeleted text end . This does not apply to license holders that are Minnesota counties or other
units of government or to staff persons employed by license holders who were acting
as deleted text begin power-of-attorney, guardian, or conservatordeleted text end new text begin attorney-in-factnew text end for specific individuals
prior to deleted text begin April 23, 2012deleted text end new text begin implementation of this chapternew text end . The license holder must maintain
documentation of the power-of-attorneydeleted text begin , guardianship, or conservatorshipdeleted text end in the service
recipient record.

new text begin (c) Upon the transfer or death of a person, any funds or other property of the person
must be surrendered to the person or the person's legal representative, or given to the
executor or administrator of the estate in exchange for an itemized receipt.
 new text end

Subd. 5.

Prohibitions.

(a) The license holder is prohibited from using deleted text begin psychotropic
medicationdeleted text end new text begin chemical restraints, mechanical restraint practices, manual restraints, time out,
or seclusionnew text end as a substitute for adequate staffingnew text begin , for a behavioral or therapeutic program
to reduce or eliminate behaviornew text end , as punishment, new text begin or new text end for staff conveniencedeleted text begin , or for any reason
other than as prescribeddeleted text end .

deleted text begin (b) The license holder is prohibited from using restraints or seclusion under any
circumstance, unless the commissioner has approved a variance request from the license
holder that allows for the emergency use of restraints and seclusion according to terms
and conditions approved in the variance. Applicants and license holders who have
reason to believe they may be serving an individual who will need emergency use of
restraints or seclusion may request a variance on the application or reapplication, and
the commissioner shall automatically review the request for a variance as part of the
application or reapplication process. License holders may also request the variance any
time after issuance of a license. In the event a license holder uses restraint or seclusion for
any reason without first obtaining a variance as required, the license holder must report
the unauthorized use of restraint or seclusion to the commissioner within 24 hours of the
occurrence and request the required variance.
 deleted text end

new text begin (b) For the purposes of this subdivision, "chemical restraint" means the
administration of a drug or medication to control the person's behavior or restrict the
person's freedom of movement and is not a standard treatment of dosage for the person's
medical or psychological condition.
 new text end

new text begin (c) For the purposes of this subdivision, "mechanical restraint practice" means the
use of any adaptive equipment or safety device to control the person's behavior or restrict
the person's freedom of movement and not as ordered by a licensed health professional.
Mechanical restraint practices include, but are not limited to, the use of bed rails or similar
devices on a bed to prevent the person from getting out of bed, chairs that prevent a person
from rising, or placing a person in a wheelchair so close to a wall that the wall prevents
the person from rising. Wrist bands or devices on clothing that trigger electronic alarms to
warn staff that a person is leaving a room or area do not, in and of themselves, restrict
freedom of movement and should not be considered restraints.
 new text end

new text begin (d) A license holder must not use manual restraints, time out, or seclusion under any
circumstance, except for emergency use of manual restraints according to the requirements
in section 245D.061 or the use of controlled procedures with a person with a developmental
disability as governed by Minnesota Rules, parts 9525.2700 to 9525.2810, or its successor
provisions. License holders implementing nonemergency use of manual restraint, or any
other programmatic use of mechanical restraint, time out, or seclusion with persons who
do not have a developmental disability that is not subject to the requirements of Minnesota
Rules, parts 9525.2700 to 9525.2810, must submit a variance request to the commissioner
for continued use of the procedure within three months of implementation of this chapter.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 23.

new text begin [245D.061] EMERGENCY USE OF MANUAL RESTRAINTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Standards for emergency use of manual restraints. new text end

new text begin Except
for the emergency use of controlled procedures with a person with a developmental
disability as governed by Minnesota Rules, part 9525.2770, or its successor provisions,
the license holder must ensure that emergency use of manual restraints complies with the
requirements of this chapter and the license holder's policy and procedures as required
under subdivision 10.
 new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) The terms used in this section have the meaning given
them in this subdivision.
 new text end

new text begin (b) "Manual restraint" means physical intervention intended to hold a person
immobile or limit a person's voluntary movement by using body contact as the only source
of physical restraint.
 new text end

new text begin (c) "Mechanical restraint" means the use of devices, materials, or equipment attached
or adjacent to the person's body, or the use of practices which restrict freedom of movement
or normal access to one's body or body parts, or limits a person's voluntary movement
or holds a person immobile as an intervention precipitated by a person's behavior. The
term does apply to mechanical restraint used to prevent injury with persons who engage in
self-injurious behaviors, such as head-banging, gouging, or other actions resulting in tissue
damage that have caused or could cause medical problems resulting from the self-injury.
 new text end

new text begin Subd. 3. new text end

new text begin Conditions for emergency use of manual restraint. new text end

new text begin Emergency use of
manual restraint must meet the following conditions:
 new text end

new text begin (1) immediate intervention must be needed to protect the person or others from
imminent risk of physical harm; and
 new text end

new text begin (2) manual restraint must be the least restrictive intervention possible to eliminate
the immediate risk of harm and effectively achieve safety in the situation after positive
support strategies and less restrictive interventions have been tried and failed.
 new text end

new text begin Subd. 4. new text end

new text begin Permitted instructional techniques and therapeutic conduct. new text end

new text begin (a) Use of
physical contact as therapeutic conduct or as an instructional technique as identified in
paragraphs (b) and (c), is permitted and is not subject to the requirements of this section
when such use is addressed in a person's coordinated service and support plan addendum
and the required conditions have been met. For the purposes of this subdivision,
"therapeutic conduct" has the meaning given in section 626.5572, subdivision 20.
 new text end

new text begin (b) Physical contact or instructional techniques must use the least restrictive
alternative possible to meet the needs of the person and may be used:
 new text end

new text begin (1) to calm or comfort a person by holding that person with no resistance from
that person;
new text end

new text begin (2) to protect a person known to be at risk of injury due to frequent falls as a result of
a medical condition; or
 new text end

new text begin (3) to position a person with physical disabilities in a manner specified in the
person's coordinated service and support plan.
 new text end

new text begin (c) Restraint may be used as therapeutic conduct:
 new text end

new text begin (1) to allow a licensed health care professional to safely conduct a medical
examination or to provide medical treatment ordered by a licensed health care professional
to a person necessary to promote healing or recovery from an acute, meaning short-term,
medical condition;
 new text end

new text begin (2) to facilitate the person's completion of a task or response when the person does
not resist or the person's resistance is minimal in intensity and duration;
 new text end

new text begin (3) to briefly block or redirect a person's limbs or body without holding the person
or limiting the person's movement to interrupt the person's behavior that may result in
injury to self or others; or
 new text end

new text begin (4) to assist in the safe evacuation of a person in the event of an emergency or to
redirect a person who is at imminent risk of harm in a dangerous situation.
 new text end

new text begin (d) A plan for using restraint as therapeutic conduct must be developed according to
the requirements in sections 245D.07 and 245D.071, and must include methods to reduce
or eliminate the use of and need for restraint.
 new text end

new text begin Subd. 5. new text end

new text begin Restrictions when implementing emergency use of manual restraint.
 new text end

new text begin (a) Emergency use of manual restraint procedures must not:
 new text end

new text begin (1) be implemented with a child in a manner that constitutes sexual abuse, neglect,
physical abuse, or mental injury, as defined in section 626.556, subdivision 2;
 new text end

new text begin (2) be implemented with an adult in a manner that constitutes abuse or neglect as
defined in section 626.5572, subdivisions 2 and 17;
 new text end

new text begin (3) be implemented in a manner that violates a person's rights and protections
identified in section 245D.04;
 new text end

new text begin (4) restrict a person's normal access to a nutritious diet, drinking water, adequate
ventilation, necessary medical care, ordinary hygiene facilities, normal sleeping
conditions, or necessary clothing, or to any protection required by state licensing standards
and federal regulations governing the program;
 new text end

new text begin (5) deny the person visitation or ordinary contact with legal counsel, a legal
representative, or next of kin;
 new text end

new text begin (6) be used as a substitute for adequate staffing, for the convenience of staff, as
punishment, or as a consequence if the person refuses to participate in the treatment
or services provided by the program; or
 new text end

new text begin (7) use prone restraint. For the purposes of this section, "prone restraint" means use
of manual restraint that places a person in a face-down position. This does not include
brief physical holding of a person who, during an emergency use of manual restraint, rolls
into a prone position, and the person is restored to a standing, sitting, or side-lying position
as quickly as possible. Applying back or chest pressure while a person is in the prone or
supine position or face-up is prohibited.
 new text end

new text begin Subd. 6. new text end

new text begin Monitoring emergency use of manual restraint. new text end

new text begin The license holder shall
monitor a person's health and safety during an emergency use of a manual restraint. Staff
monitoring the procedure must not be the staff implementing the procedure when possible.
The license holder shall complete a monitoring form, approved by the commissioner, for
each incident involving the emergency use of a manual restraint.
 new text end

new text begin Subd. 7. new text end

new text begin Reporting emergency use of manual restraint incident. new text end

new text begin (a) The license
holder must report each incident involving the emergency use of manual restraint in
compliance with section 245D.06, subdivision 1, paragraph (g). At a minimum, the
incident report must include the following information:
 new text end

new text begin (1) the staff and persons receiving services who were involved in the incident
leading up to the emergency use of manual restraint;
 new text end

new text begin (2) a description of the physical and social environment, including who was present
before and during the incident leading up to the emergency use of manual restraint;
 new text end

new text begin (3) a description of what less restrictive alternative measures were attempted to
de-escalate the incident and maintain safety before the manual restraint was implemented
that identifies when, how, and how long the alternative measures were attempted before
manual restraint was implemented;
 new text end

new text begin (4) a description of the mental, physical, and emotional condition of the person who
was restrained, and other persons involved in the incident leading up to, during, and
following the manual restraint;
 new text end

new text begin (5) whether there was any injury to the person who was restrained or other persons
involved in the incident, including staff, before or as a result of the use of manual
restraint; and
 new text end

new text begin (6) whether there was an attempt to debrief with the staff, and, if not contraindicated,
with the person who was restrained and other persons who were involved in or who
witnessed the restraint, following the incident and the outcome of the debriefing. If the
debriefing was not conducted at the time the incident report was made, the report should
identify whether a debriefing is planned.
 new text end

new text begin (b) Each single incident of emergency use of manual restraint must be reported
separately. For the purposes of this subdivision, an incident of emergency use of manual
restraint is a single incident when the following conditions have been met:
 new text end

new text begin (1) after implementing the manual restraint, staff attempt to release the person at the
moment staff believe the person's conduct no longer poses an imminent risk of physical
harm to self or others and less restrictive strategies can be implemented to maintain safety;
 new text end

new text begin (2) upon the attempt to release the restraint, the person's behavior immediately
re-escalates; and
 new text end

new text begin (3) staff must immediately reimplement the restraint in order to maintain safety.
 new text end

new text begin Subd. 8. new text end

new text begin Internal review of emergency use of manual restraint. new text end

new text begin (a) Within five
working days of the emergency use of manual restraint, the license holder must complete
an internal review of each report of emergency use of manual restraint. The review must
include an evaluation of whether:
 new text end

new text begin (1) the person's service and support strategies developed according to sections
245D.07 and 245D.071 need to be revised;
 new text end

new text begin (2) related policies and procedures were followed;
 new text end

new text begin (3) the policies and procedures were adequate;
 new text end

new text begin (4) there is a need for additional staff training;
 new text end

new text begin (5) the reported event is similar to past events with the persons, staff, or the services
involved; and
 new text end

new text begin (6) there is a need for corrective action by the license holder to protect the health
and safety of persons.
 new text end

new text begin (b) Based on the results of the internal review, the license holder must develop,
document, and implement a corrective action plan for the program designed to correct
current lapses and prevent future lapses in performance by individuals or the license
holder, if any. The corrective action plan, if any, must be implemented within 30 days of
the internal review being completed.
 new text end

new text begin Subd. 9. new text end

new text begin Expanded support team review. new text end

new text begin (a) Within five working days after the
completion of the internal review required in subdivision 8, the license holder must consult
with the expanded support team following the emergency use of manual restraint to:
 new text end

new text begin (1) discuss the incident reported in subdivision 7, to define the antecedent or event
that gave rise to the behavior resulting in the manual restraint and identify the perceived
function the behavior served; and
 new text end

new text begin (2) determine whether the person's coordinated service and support plan addendum
needs to be revised according to sections 245D.07 and 245D.071 to positively and
effectively help the person maintain stability and to reduce or eliminate future occurrences
requiring emergency use of manual restraint.
 new text end

new text begin Subd. 10. new text end

new text begin Emergency use of manual restraints policy and procedures. new text end

new text begin The
license holder must develop, document, and implement a policy and procedures that
promote service recipient rights and protect health and safety during the emergency use of
manual restraints. The policy and procedures must comply with the requirements of this
section and must specify the following:
 new text end

new text begin (1) a description of the positive support strategies and techniques staff must use to
attempt to de-escalate a person's behavior before it poses an imminent risk of physical
harm to self or others;
 new text end

new text begin (2) a description of the types of manual restraints the license holder allows staff to
use on an emergency basis, if any. If the license holder will not allow the emergency use
of manual restraint, the policy and procedure must identify the alternative measures the
license holder will require staff to use when a person's conduct poses an imminent risk of
physical harm to self or others and less restrictive strategies would not achieve safety;
 new text end

new text begin (3) instructions for safe and correct implementation of the allowed manual restraint
procedures;
 new text end

new text begin (4) the training that staff must complete and the timelines for completion, before they
may implement an emergency use of manual restraint. In addition to the training on this
policy and procedure and the orientation and annual training required in section 245D.09,
subdivision 4, the training for emergency use of manual restraint must incorporate the
following subjects:
 new text end

new text begin (i) alternatives to manual restraint procedures, including techniques to identify
events and environmental factors that may escalate conduct that poses an imminent risk of
physical harm to self or others;
 new text end

new text begin (ii) de-escalation methods, positive support strategies, and how to avoid power
struggles;
 new text end

new text begin (iii) simulated experiences of administering and receiving manual restraint
procedures allowed by the license holder on an emergency basis;
 new text end

new text begin (iv) how to properly identify thresholds for implementing and ceasing restrictive
procedures;
 new text end

new text begin (v) how to recognize, monitor, and respond to the person's physical signs of distress,
including positional asphyxia; and
 new text end

new text begin (vi) the physiological and psychological impact on the person and the staff when
restrictive procedures are used;
 new text end

new text begin (5) the procedures and forms to be used to monitor the emergency use of manual
restraints, including what must be monitored and the frequency of monitoring per
each incident of emergency use of manual restraint, and the person or position who is
responsible for monitoring the use;
 new text end

new text begin (6) the instructions, forms, and timelines required for completing and submitting an
incident report by the person or persons who implemented the manual restraint; and
 new text end

new text begin (7) the procedures and timelines for conducting the internal review and the expanded
support team review, and the person or position responsible for completing the reviews and
who is responsible for ensuring that corrective action is taken or the person's coordinated
service and support plan addendum is revised, when determined necessary.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 24.

Minnesota Statutes 2012, section 245D.07, is amended to read:


245D.07 SERVICE deleted text begin NEEDSdeleted text end new text begin PLANNING AND DELIVERYnew text end .

Subdivision 1.

Provision of services.

The license holder must provide services as
deleted text begin specifieddeleted text end new text begin assignednew text end in thenew text begin coordinatednew text end servicenew text begin and supportnew text end plan deleted text begin and assigned to the license
holderdeleted text end . The provision of services must comply with the requirements of this chapter and
the federal waiver plans.

new text begin Subd. 1a. new text end

new text begin Person-centered planning and service delivery. new text end

new text begin (a) The license holder
must provide services in response to the person's identified needs, interests, preferences,
and desired outcomes as specified in the coordinated service and support plan, the
coordinated service and support plan addendum, and in compliance with the requirements
of this chapter. License holders providing intensive support services must also provide
outcome-based services according to the requirements in section 245D.071.
 new text end

new text begin (b) Services must be provided in a manner that supports the person's preferences,
daily needs, and activities and accomplishment of the person's personal goals and service
outcomes, consistent with the principles of:
 new text end

new text begin (1) person-centered service planning and delivery that:
 new text end

new text begin (i) identifies and supports what is important to the person as well as what is
important for the person, including preferences for when, how, and by whom direct
support service is provided;
 new text end

new text begin (ii) uses that information to identify outcomes the person desires; and
 new text end

new text begin (iii) respects each person's history, dignity, and cultural background;
 new text end

new text begin (2) self-determination that supports and provides:
 new text end

new text begin (i) opportunities for the development and exercise of functional and age-appropriate
skills, decision making and choice, personal advocacy, and communication; and
 new text end

new text begin (ii) the affirmation and protection of each person's civil and legal rights;
 new text end

new text begin (3) providing the most integrated setting and inclusive service delivery that supports,
promotes, and allows:
 new text end

new text begin (i) inclusion and participation in the person's community as desired by the person
in a manner that enables the person to interact with nondisabled persons to the fullest
extent possible and supports the person in developing and maintaining a role as a valued
community member;
 new text end

new text begin (ii) opportunities for self-sufficiency as well as developing and maintaining social
relationships and natural supports; and
 new text end

new text begin (iii) a balance between risk and opportunity, meaning the least restrictive supports or
interventions necessary are provided in the most integrated settings in the most inclusive
manner possible to support the person to engage in activities of the person's own choosing
that may otherwise present a risk to the person's health, safety, or rights.
 new text end

Subd. 2.

Service planning.

new text begin (a) License holders providing basic support services
must meet the requirements of this subdivision.
 new text end

new text begin (b) Within 15 days of service initiation the license holder must complete a
preliminary service plan based on the coordinated service and support plan.
 new text end

new text begin (c) Within 60 days of service initiation the license holder must develop and
document the coordinated service and support plan addendum that identifies what services
will be provided including how, when, and by whom services will be provided, and the
person responsible for overseeing the delivery and coordination of services.
 new text end

new text begin (d) new text end The license holder must participate in new text begin service planning and new text end support team
meetings deleted text begin related todeleted text end new text begin fornew text end the person following stated timelines established in the person's
new text begin coordinatednew text end servicenew text begin and supportnew text end plan or as requested by deleted text begin the support team,deleted text end the persondeleted text begin ,deleted text end or
the person's legal representativenew text begin , the support team or the expanded support teamnew text end .

Subd. 3.

Reports.

The license holder must provide written reports regarding the
person's progress or status as requested by the person, the person's legal representative, the
case manager, or the team.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 25.

new text begin [245D.071] SERVICE PLANNING AND DELIVERY; INTENSIVE
SUPPORT SERVICES.
 new text end

new text begin Subdivision 1. new text end

new text begin Requirements for intensive support services. new text end

new text begin A license holder
providing intensive support services identified in section 245D.03, subdivision 1,
paragraph (c), must comply with the requirements in section 245D.07 and this section.
 new text end

new text begin Subd. 2. new text end

new text begin Abuse prevention. new text end

new text begin Prior to or upon initiating services, the license holder
must develop, document, and implement an abuse prevention plan according to section
245A.65, subdivision 2.
 new text end

new text begin Subd. 3. new text end

new text begin Assessment and initial service planning. new text end

new text begin (a) Within 15 days of service
initiation the license holder must complete a preliminary service plan based on the
coordinated service and support plan.
 new text end

new text begin (b) Within 45 days of service initiation the license holder must meet with the person,
the person's legal representative, the case manager, and other members of the support team
or expanded support team to assess and determine the following based on the person's
coordinated service and support plan and the requirements in subdivision 4 and section
245D.07, subdivision 1a:
 new text end

new text begin (1) the scope of the services to be provided to support the person's daily needs
and activities;
 new text end

new text begin (2) the person's desired outcomes and the supports necessary to accomplish the
person's desired outcomes;
 new text end

new text begin (3) the person's preferences for how services and supports are provided;
 new text end

new text begin (4) whether the current service setting is the most integrated setting available and
appropriate for the person; and
 new text end

new text begin (5) how services must be coordinated across other providers licensed under this
chapter serving the same person to ensure continuity of care for the person.
 new text end

new text begin (c) Within the scope of services, the license holder must, at a minimum, assess
the following areas:
 new text end

new text begin (1) the person's ability to self-manage health and medical needs to maintain or
improve physical, mental, and emotional well-being, including, when applicable, allergies,
seizures, choking, special dietary needs, chronic medical conditions, self-administration
of medication or treatment orders, preventative screening, and medical and dental
appointments;
 new text end

new text begin (2) the person's ability to self-manage personal safety to avoid injury or accident in
the service setting, including, when applicable, risk of falling, mobility, regulating water
temperature, community survival skills, water safety skills, and sensory disabilities; and
 new text end

new text begin (3) the person's ability to self-manage symptoms or behavior that may otherwise
result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to
(7), suspension or termination of services by the license holder, or other symptoms
or behaviors that may jeopardize the health and safety of the person or others. The
assessments must produce information about the person that is descriptive of the person's
overall strengths, functional skills and abilities, and behaviors or symptoms.
 new text end

new text begin Subd. 4. new text end

new text begin Service outcomes and supports. new text end

new text begin (a) Within ten working days of the
45-day meeting, the license holder must develop and document the service outcomes and
supports based on the assessments completed under subdivision 3 and the requirements
in section 245D.07, subdivision 1a. The outcomes and supports must be included in the
coordinated service and support plan addendum.
 new text end

new text begin (b) The license holder must document the supports and methods developed under
paragraph (a). The documentation must include:
 new text end

new text begin (1) the methods or actions that will be used to support the person and to accomplish
the service outcomes, including information about:
 new text end

new text begin (i) any changes or modifications to the physical and social environments necessary
when the service supports are provided;
 new text end

new text begin (ii) any equipment and materials required; and
 new text end

new text begin (iii) techniques that are consistent with the person's communication mode and
learning style;
 new text end

new text begin (2) the measurable and observable criteria for identifying when the desired outcome
has been achieved and how data will be collected;
 new text end

new text begin (3) the projected starting date for implementing the supports and methods and
the date by which progress towards accomplishing the outcomes will be reviewed and
evaluated; and
 new text end

new text begin (4) the names of the staff or position responsible for implementing the supports
and methods.
 new text end

new text begin (c) Within 20 working days of the 45-day meeting, the license holder must obtain
dated signatures from the person or the person's legal representative and case manager
to document completion and approval of the assessment and coordinated service and
support plan addendum.
 new text end

new text begin Subd. 5. new text end

new text begin Progress reviews. new text end

new text begin (a) The license holder must give the person or the
person's legal representative and case manager an opportunity to participate in the ongoing
review and development of the methods used to support the person and accomplish
outcomes identified in subdivisions 3 and 4. The license holder, in coordination with the
person's support team or expanded support team, must meet with the person, the person's
legal representative, and the case manager, and participate in progress review meetings
following stated timelines established in the person's coordinated service and support plan
or within 30 days of a written request by the person, the person's legal representative, or
the case manager, at a minimum of once per year.
 new text end

new text begin (b) The license holder must summarize the person's progress toward achieving the
identified outcomes and make recommendations and identify the rationale for changing,
continuing, or discontinuing implementation of supports and methods identified in
subdivision 4 in a written report sent to the person or the person's legal representative
and case manager five working days prior to the review meeting, unless the person, the
person's legal representative, or the case manager request to receive the report at the
time of the meeting.
 new text end

new text begin (c) Within ten working days of the progress review meeting, the license holder
must obtain dated signatures from the person or the person's legal representative and
the case manager to document approval of any changes to the coordinated service and
support plan addendum.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 26.

new text begin [245D.081] PROGRAM COORDINATION, EVALUATION, AND
OVERSIGHT.
 new text end

new text begin Subdivision 1. new text end

new text begin Program coordination and evaluation. new text end

new text begin (a) The license holder
is responsible for:
 new text end

new text begin (1) coordination of service delivery and evaluation for each person served by the
program as identified in subdivision 2; and
 new text end

new text begin (2) program management and oversight that includes evaluation of the program
quality and program improvement for services provided by the license holder as identified
in subdivision 3.
 new text end

new text begin (b) The same person may perform the functions in paragraph (a) if the work and
education qualifications are met in subdivisions 2 and 3.
 new text end

new text begin Subd. 2. new text end

new text begin Coordination and evaluation of individual service delivery. new text end

new text begin (a) Delivery
and evaluation of services provided by the license holder must be coordinated by a
designated staff person. The designated coordinator must provide supervision, support,
and evaluation of activities that include:
 new text end

new text begin (1) oversight of the license holder's responsibilities assigned in the person's
coordinated service and support plan and the coordinated service and support plan
addendum;
 new text end

new text begin (2) taking the action necessary to facilitate the accomplishment of the outcomes
according to the requirements in section 245D.07;
 new text end

new text begin (3) instruction and assistance to direct support staff implementing the coordinated
service and support plan and the service outcomes, including direct observation of service
delivery sufficient to assess staff competency; and
 new text end

new text begin (4) evaluation of the effectiveness of service delivery, methodologies, and progress on
the person's outcomes based on the measurable and observable criteria for identifying when
the desired outcome has been achieved according to the requirements in section 245D.07.
 new text end

new text begin (b) The license holder must ensure that the designated coordinator is competent to
perform the required duties identified in paragraph (a) through education and training in
human services and disability-related fields, and work experience in providing direct care
services and supports to persons with disabilities. The designated coordinator must have
the skills and ability necessary to develop effective plans and to design and use data
systems to measure effectiveness of services and supports. The license holder must verify
and document competence according to the requirements in section 245D.09, subdivision
3. The designated coordinator must minimally have:
 new text end

new text begin (1) a baccalaureate degree in a field related to human services, and one year of
full-time work experience providing direct care services to persons with disabilities or
persons age 65 and older;
 new text end

new text begin (2) an associate degree in a field related to human services, and two years of
full-time work experience providing direct care services to persons with disabilities or
persons age 65 and older;
 new text end

new text begin (3) a diploma in a field related to human services from an accredited postsecondary
institution and three years of full-time work experience providing direct care services to
persons with disabilities or persons age 65 and older; or
 new text end

new text begin (4) a combination of education and training related to human services that is
equivalent to a diploma program from an accredited postsecondary institution, and
four years of full-time work experience providing direct care services to persons with
disabilities or persons age 65 and older.
 new text end

new text begin Subd. 3. new text end

new text begin Program management and oversight. new text end

new text begin (a) The license holder must
designate a managerial staff person or persons to provide program management and
oversight of the services provided by the license holder. The designated manager is
responsible for the following:
 new text end

new text begin (1) maintaining a current understanding of the licensing requirements sufficient to
ensure compliance throughout the program as identified in section 245A.04, subdivision
1, paragraph (e), and when applicable, as identified in section 256B.04, subdivision 21,
paragraph (b);
 new text end

new text begin (2) ensuring the duties of the designated coordinator are fulfilled according to the
requirements in subdivision 2;
 new text end

new text begin (3) ensuring the program implements corrective action identified as necessary
by the program following review of incident and emergency reports according to the
requirements in section 245D.11, subdivision 2, clause (7). An internal review of
incident reports of alleged or suspected maltreatment must be conducted according to the
requirements in section 245A.65, subdivision 1, paragraph (b);
 new text end

new text begin (4) evaluation of satisfaction of persons served by the program, the person's legal
representative, if any, and the case manager, with the service delivery and progress
towards accomplishing outcomes identified in sections 245D.07 and 245D.071, and
ensuring and protecting each person's rights as identified in section 245D.04;
 new text end

new text begin (5) ensuring staff competency requirements are met according to the requirements in
section 245D.09, subdivision 3, and ensuring staff orientation and training is provided
according to the requirements in section 245D.09, subdivisions 4, 4a, and 5;
 new text end

new text begin (6) ensuring corrective action is taken when ordered by the commissioner and that
the terms and condition of the license and any variances are met; and
 new text end

new text begin (7) evaluating the information identified in clauses (1) to (6) to develop, document,
and implement ongoing program improvements.
 new text end

new text begin (b) The designated manager must be competent to perform the duties as required and
must minimally meet the education and training requirements identified in subdivision
2, paragraph (b), and have a minimum of three years of supervisory level experience in
a program providing direct support services to persons with disabilities or persons age
65 and older.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 27.

Minnesota Statutes 2012, section 245D.09, is amended to read:


245D.09 STAFFING STANDARDS.

Subdivision 1.

Staffing requirements.

The license holder must providenew text begin the level of
new text end direct servicenew text begin supportnew text end staff deleted text begin sufficientdeleted text end new text begin supervision, assistance, and training necessary:
new text end

new text begin (1)new text end to ensure the health, safety, and protection of rights of each personnew text begin ;new text end and

new text begin (2)new text end to be able to implement the responsibilities assigned to the license holder in each
person'snew text begin coordinatednew text end servicenew text begin and supportnew text end plannew text begin or identified in the coordinated service and
support plan addendum, according to the requirements of this chapternew text end .

Subd. 2.

Supervision of staff having direct contact.

Except for a license holder
who is the sole direct deleted text begin servicedeleted text end new text begin supportnew text end staff, the license holder must provide adequate
supervision of staff providing direct deleted text begin servicedeleted text end new text begin supportnew text end to ensure the health, safety, and
protection of rights of each person and implementation of the responsibilities assigned to
the license holder in each person's deleted text begin service plandeleted text end new text begin coordinated service and support plannew text end .

Subd. 3.

Staff qualifications.

(a) The license holder must ensure that staffnew text begin providing
direct support, or staff who have responsibilities related to supervising or managing the
provision of direct support service,new text end is competentnew text begin as demonstratednew text end throughnew text begin skills and
knowledgenew text end training, experience, and education to meet the person's needs and additional
requirements as written in thenew text begin coordinatednew text end servicenew text begin and supportnew text end plan, or when otherwise
required by the case manager or the federal waiver plan. The license holder must verify
and maintain evidence of staff competency, including documentation of:

(1) education and experience qualificationsnew text begin relevant to the job responsibilities
assigned to the staff and the needs of the general population of persons served by the
programnew text end , including a valid degree and transcript, or a current license, registration, or
certification, when a degree or licensure, registration, or certification is requirednew text begin by this
chapter or in the coordinated service and support plannew text end ;

(2) deleted text begin completion of requireddeleted text end new text begin demonstrated competency in thenew text end orientation and training
new text begin areas required under this chapternew text end , deleted text begin includingdeleted text end new text begin and when applicable,new text end completion of continuing
education required to maintain professional licensure, registration, or certification
requirementsnew text begin . Competency in these areas is determined by the license holder through
knowledge testing and observed skill assessment conducted by the trainer or instructornew text end ; and

(3) except for a license holder who is the sole direct deleted text begin servicedeleted text end new text begin supportnew text end staff,new text begin periodic
new text end performance evaluations completed by the license holder of the direct deleted text begin servicedeleted text end new text begin supportnew text end staff
person's ability to perform the job functions based on direct observation.

(b) Staff under 18 years of age may not perform overnight duties or administer
medication.

Subd. 4.

Orientationnew text begin to program requirementsnew text end .

deleted text begin (a)deleted text end Except for a license holder
who does not supervise any direct deleted text begin servicedeleted text end new text begin supportnew text end staff, within deleted text begin 90 days of hiring direct
service staffdeleted text end new text begin 60 days of hire, unless stated otherwisenew text end , the license holder must provide
and ensure completion of orientationnew text begin for direct support staffnew text end that combines supervised
on-the-job training with review of and instruction deleted text begin ondeleted text end new text begin innew text end the followingnew text begin areasnew text end :

(1) the job description and how to complete specific job functions, including:

(i) responding to and reporting incidents as required under section 245D.06,
subdivision 1; and

(ii) following safety practices established by the license holder and as required in
section 245D.06, subdivision 2;

(2) the license holder's current policies and procedures required under this chapter,
including their location and access, and staff responsibilities related to implementation
of those policies and procedures;

(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff
responsibilities related to complying with data privacy practices;

(4) the service recipient rights deleted text begin under section 245D.04deleted text end , and staff responsibilities
related to ensuring the exercise and protection of those rightsnew text begin according to the requirements
in section 245D.04new text end ;

(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment
reporting and service planning for children and vulnerable adults, and staff responsibilities
related to protecting persons from maltreatment and reporting maltreatmentnew text begin . This
orientation must be provided within 72 hours of first providing direct contact services and
annually thereafter according to section 245A.65, subdivision 3new text end ;

(6) deleted text begin what constitutes use of restraints, seclusion, and psychotropic medications,
and staff responsibilities related to the prohibitions of their usedeleted text end new text begin the principles of
person-centered service planning and delivery as identified in section 245D.07, subdivision
1a, and how they apply to direct support service provided by the staff personnew text end ; and

(7) other topics as determined necessary in the person'snew text begin coordinatednew text end servicenew text begin and
supportnew text end plan by the case manager or other areas identified by the license holder.

deleted text begin (b) License holders who provide direct service themselves must complete the
orientation required in paragraph (a), clauses (3) to (7).
 deleted text end

new text begin Subd. 4a. new text end

new text begin Orientation to individual service recipient needs. new text end

deleted text begin (c)deleted text end new text begin (a)new text end Before
deleted text begin providingdeleted text end new text begin havingnew text end unsupervised direct deleted text begin service todeleted text end new text begin contact withnew text end a person served by the
program, or for whom the staff person has not previously provided direct deleted text begin servicedeleted text end new text begin supportnew text end ,
or any time the plans or procedures identified in deleted text begin clauses (1) and (2)deleted text end new text begin paragraphs (b) to
(e)new text end are revised, the staff person must review and receive instruction on the deleted text begin following
as it relatesdeleted text end new text begin requirements in paragraphs (b) to (e) as they relatenew text end to the staff person's job
functions for that persondeleted text begin :deleted text end new text begin .
new text end

deleted text begin (1)deleted text end new text begin (b) The staff person must review and receive instruction onnew text end the person's
new text begin coordinatednew text end servicenew text begin and supportnew text end plan as it relates to the responsibilities assigned to the
license holder, and when applicable, the person's individual abuse prevention plan
deleted text begin according to section 245A.65deleted text end , to achievenew text begin and demonstratenew text end an understanding of the person
as a unique individual, and how to implement those plansdeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (2)deleted text end new text begin (c) The staff person must review and receive instruction onnew text end medication
administration procedures established for the person whennew text begin medication administration is
new text end assigned to the license holder according to section 245D.05, subdivision 1, paragraph
(b). Unlicensed staff may administer medications only after successful completion of a
medication administration training, from a training curriculum developed by a registered
nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse
practitioner, physician's assistant, or physician deleted text begin incorporatingdeleted text end new text begin . The training curriculum
must incorporatenew text end an observed skill assessment conducted by the trainer to ensure staff
demonstrate the ability to safely and correctly follow medication procedures.

Medication administration must be taught by a registered nurse, clinical nurse
specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of
service initiation or any time thereafter, the person has or develops a health care condition
that affects the service options available to the person because the condition requires:

deleted text begin (i)deleted text end new text begin (1)new text end specialized or intensive medical or nursing supervision;new text begin and
new text end

deleted text begin (ii)deleted text end new text begin (2)new text end nonmedical service providers to adapt their services to accommodate the
health and safety needs of the persondeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (iii) necessary training in order to meet the health service needs of the person as
determined by the person's physician.
 deleted text end

new text begin (d) The staff person must review and receive instruction on the safe and correct
operation of medical equipment used by the person to sustain life, including but not
limited to ventilators, feeding tubes, or endotracheal tubes. The training must be provided
by a licensed health care professional or a manufacturer's representative and incorporate
an observed skill assessment to ensure staff demonstrate the ability to safely and correctly
operate the equipment according to the treatment orders and the manufacturer's instructions.
 new text end

new text begin (e) The staff person must review and receive instruction on what constitutes use of
restraints, time out, and seclusion, including chemical restraint, and staff responsibilities
related to the prohibitions of their use according to the requirements in section 245D.06,
subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
or undesired behavior and why they are not safe, and the safe and correct use of manual
restraint on an emergency basis according to the requirements in section 245D.061.
 new text end

new text begin (f) In the event of an emergency service initiation, the license holder must ensure
the training required in this subdivision occurs within 72 hours of the direct support staff
person first having unsupervised contact with the person receiving services. The license
holder must document the reason for the unplanned or emergency service initiation and
maintain the documentation in the person's service recipient record.
 new text end

new text begin (g) License holders who provide direct support services themselves must complete
the orientation required in subdivision 4, clauses (3) to (7).
 new text end

Subd. 5.

new text begin Annual new text end training.

deleted text begin (a)deleted text end A license holder must provide annual training to
direct deleted text begin servicedeleted text end new text begin supportnew text end staff on the topics identified in subdivision 4, deleted text begin paragraph (a),deleted text end clauses
(3) to deleted text begin (6)deleted text end new text begin (7). Training on relevant topics received from sources other than the license
holder may count toward training requirementsnew text end .

deleted text begin (b) A license holder providing behavioral programming, specialist services, personal
support, 24-hour emergency assistance, night supervision, independent living skills,
structured day, prevocational, or supported employment services must provide a minimum
of eight hours of annual training to direct service staff that addresses:
 deleted text end

deleted text begin (1) topics related to the general health, safety, and service needs of the population
served by the license holder; and
 deleted text end

deleted text begin (2) other areas identified by the license holder or in the person's current service plan.
 deleted text end

deleted text begin Training on relevant topics received from sources other than the license holder
may count toward training requirements.
 deleted text end

deleted text begin (c) When the license holder is the owner, lessor, or tenant of the service site and
whenever a person receiving services is present at the site, the license holder must have
a staff person available on site who is trained in basic first aid and, when required in a
person's service plan, cardiopulmonary resuscitation.
 deleted text end

new text begin Subd. 5a. new text end

new text begin Alternative sources of training. new text end

new text begin Orientation or training received by the
staff person from sources other than the license holder in the same subjects as identified
in subdivision 4 may count toward the orientation and annual training requirements if
received in the 12-month period before the staff person's date of hire. The license holder
must maintain documentation of the training received from other sources and of each staff
person's competency in the required area according to the requirements in subdivision 3.
 new text end

Subd. 6.

Subcontractorsnew text begin and temporary staffnew text end .

If the license holder uses a
subcontractornew text begin or temporary staffnew text end to perform services licensed under this chapter on the
license holder's behalf, the license holder must ensure that the subcontractornew text begin or temporary
staffnew text end meets and maintains compliance with all requirements under this chapter that apply
to the services to be providednew text begin , including training, orientation, and supervision necessary
to fulfill their responsibilities. The license holder must ensure that a background study
has been completed according to the requirements in sections 245C.03, subdivision 1,
and 245C.04. Subcontractors and temporary staff hired by the license holder must meet
the Minnesota licensing requirements applicable to the disciplines in which they are
providing services. The license holder must maintain documentation that the applicable
requirements have been metnew text end .

Subd. 7.

Volunteers.

The license holder must ensure that volunteers who provide
direct new text begin support new text end services to persons served by the program receive the training, orientation,
and supervision necessary to fulfill their responsibilities.new text begin The license holder must ensure
that a background study has been completed according to the requirements in sections
245C.03, subdivision 1, and 245C.04. The license holder must maintain documentation
that the applicable requirements have been met.
new text end

new text begin Subd. 8. new text end

new text begin Staff orientation and training plan. new text end

new text begin The license holder must develop
a staff orientation and training plan documenting when and how compliance with
subdivisions 4, 4a, and 5 will be met.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 28.

new text begin [245D.091] INTERVENTION SERVICES.
 new text end

new text begin Subdivision 1. new text end

new text begin Licensure requirements. new text end

new text begin An individual meeting the staff
qualification requirements of this section who is an employee of a program licensed
according to this chapter and providing behavioral support services, specialist services,
or crisis respite services is not required to hold a separate license under this chapter.
An individual meeting the staff qualifications of this section who is not providing these
services as an employee of a program licensed according to this chapter must obtain a
license according to this chapter.
 new text end

new text begin Subd. 2. new text end

new text begin Behavior professional qualifications. new text end

new text begin A behavior professional, as defined
in the brain injury and community alternatives for disabled individuals waiver plans or
successor plans, must have competencies in areas related to:
 new text end

new text begin (1) ethical considerations;
 new text end

new text begin (2) functional assessment;
 new text end

new text begin (3) functional analysis;
 new text end

new text begin (4) measurement of behavior and interpretation of data;
 new text end

new text begin (5) selecting intervention outcomes and strategies;
 new text end

new text begin (6) behavior reduction and elimination strategies that promote least restrictive
approved alternatives;
 new text end

new text begin (7) data collection;
 new text end

new text begin (8) staff and caregiver training;
 new text end

new text begin (9) support plan monitoring;
 new text end

new text begin (10) co-occurring mental disorders or neuro-cognitive disorder;
 new text end

new text begin (11) demonstrated expertise with populations being served; and
 new text end

new text begin (12) must be a:
 new text end

new text begin (i) psychologist licensed under sections 148.88 to 148.98, who has stated to the
Board of Psychology competencies in the above identified areas;
 new text end

new text begin (ii) clinical social worker licensed as an independent clinical social worker under
chapter 148D, or a person with a master's degree in social work from an accredited college
or university, with at least 4,000 hours of post-master's supervised experience in the
delivery of clinical services in the areas identified in clauses (1) to (11);
 new text end

new text begin (iii) physician licensed under chapter 147 and certified by the American Board
of Psychiatry and Neurology or eligible for board certification in psychiatry with
competencies in the areas identified in clauses (1) to (11);
 new text end

new text begin (iv) licensed professional clinical counselor licensed under sections 148B.29 to
148B.39 with at least 4,000 hours of post-master's supervised experience in the delivery
of clinical services who has demonstrated competencies in the areas identified in clauses
(1) to (11);
 new text end

new text begin (v) person with a master's degree from an accredited college or university in one
of the behavioral sciences or related fields, with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services with demonstrated competencies
in the areas identified in clauses (1) to (11); or
 new text end

new text begin (vi) registered nurse who is licensed under sections 148.171 to 148.285, and who is
certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and
mental health nursing by a national nurse certification organization, or who has a master's
degree in nursing or one of the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services.
 new text end

new text begin Subd. 3. new text end

new text begin Behavior analyst qualifications. new text end

new text begin (a) A behavior analyst, as defined in
the brain injury and community alternatives for disabled individuals waiver plans or
successor plans, must:
 new text end

new text begin (1) have obtained a baccalaureate degree, master's degree, or a PhD in a social
services discipline; or
 new text end

new text begin (2) meet the qualifications of a mental health practitioner as defined in section
245.462, subdivision 17.
 new text end

new text begin (b) In addition, a behavior analyst must:
 new text end

new text begin (1) have four years of supervised experience working with individuals who exhibit
challenging behaviors as well as co-occurring mental disorders or neuro-cognitive disorder;
 new text end

new text begin (2) have received ten hours of instruction in functional assessment and functional
analysis;
 new text end

new text begin (3) have received 20 hours of instruction in the understanding of the function of
behavior;
 new text end

new text begin (4) have received ten hours of instruction on design of positive practices behavior
support strategies;
 new text end

new text begin (5) have received 20 hours of instruction on the use of behavior reduction approved
strategies used only in combination with behavior positive practices strategies;
 new text end

new text begin (6) be determined by a behavior professional to have the training and prerequisite
skills required to provide positive practice strategies as well as behavior reduction
approved and permitted intervention to the person who receives behavioral support; and
 new text end

new text begin (7) be under the direct supervision of a behavior professional.
 new text end

new text begin Subd. 4. new text end

new text begin Behavior specialist qualifications. new text end

new text begin (a) A behavior specialist, as defined
in the brain injury and community alternatives for disabled individuals waiver plans or
successor plans, must meet the following qualifications:
 new text end

new text begin (1) have an associate's degree in a social services discipline; or
 new text end

new text begin (2) have two years of supervised experience working with individuals who exhibit
challenging behaviors as well as co-occurring mental disorders or neuro-cognitive disorder.
 new text end

new text begin (b) In addition, a behavior specialist must:
 new text end

new text begin (1) have received a minimum of four hours of training in functional assessment;
 new text end

new text begin (2) have received 20 hours of instruction in the understanding of the function of
behavior;
 new text end

new text begin (3) have received ten hours of instruction on design of positive practices behavioral
support strategies;
 new text end

new text begin (4) be determined by a behavior professional to have the training and prerequisite
skills required to provide positive practices strategies as well as behavior reduction
approved intervention to the person who receives behavioral support; and
 new text end

new text begin (5) be under the direct supervision of a behavior professional.
 new text end

new text begin Subd. 5. new text end

new text begin Specialist services qualifications. new text end

new text begin An individual providing specialist
services, as defined in the developmental disabilities waiver plan or successor plan, must
have:
 new text end

new text begin (1) the specific experience and skills required of the specialist to meet the needs of
the person identified by the person's service planning team; and
 new text end

new text begin (2) the qualifications of the specialist identified in the person's coordinated service
and support plan.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 29.

new text begin [245D.095] RECORD REQUIREMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Record-keeping systems. new text end

new text begin The license holder must ensure that the
content and format of service recipient, personnel, and program records are uniform and
legible according to the requirements of this chapter.
 new text end

new text begin Subd. 2. new text end

new text begin Admission and discharge register. new text end

new text begin The license holder must keep a written
or electronic register, listing in chronological order the dates and names of all persons
served by the program who have been admitted, discharged, or transferred, including
service terminations initiated by the license holder and deaths.
 new text end

new text begin Subd. 3. new text end

new text begin Service recipient record. new text end

new text begin (a) The license holder must maintain a record of
current services provided to each person on the premises where the services are provided
or coordinated. When the services are provided in a licensed facility, the records must
be maintained at the facility, otherwise the records must be maintained at the license
holder's program office. new text end new text begin The license holder must protect service recipient records against
loss, tampering, or unauthorized disclosure according to the requirements in sections
13.01 to 13.10 and 13.46.
 new text end

new text begin (b) The license holder must maintain the following information for each person:
 new text end

new text begin (1) an admission form signed by the person or the person's legal representative
that includes:
 new text end

new text begin (i) identifying information, including the person's name, date of birth, address,
and telephone number; and
 new text end

new text begin (ii) the name, address, and telephone number of the person's legal representative, if
any, and a primary emergency contact, the case manager, and family members or others as
identified by the person or case manager;
 new text end

new text begin (2) service information, including service initiation information, verification of the
person's eligibility for services, documentation verifying that services have been provided
as identified in the coordinated service and support plan according to paragraph (a), and
date of admission or readmission;
 new text end

new text begin (3) health information, including medical history, special dietary needs, and
allergies, and when the license holder is assigned responsibility for meeting the person's
health service needs according to section 245D.05:
 new text end

new text begin (i) current orders for medication, treatments, or medical equipment and a signed
authorization from the person or the person's legal representative to administer or assist in
administering the medication or treatments, if applicable;
 new text end

new text begin (ii) a signed statement authorizing the license holder to act in a medical emergency
when the person's legal representative, if any, cannot be reached or is delayed in arriving;
 new text end

new text begin (iii) medication administration procedures;
 new text end

new text begin (iv) a medication administration record documenting the implementation of the
medication administration procedures, the medication administration record reviews, and
including any agreements for administration of injectable medications by the license
holder according to the requirements in section 245D.05; and
 new text end

new text begin (v) a medical appointment schedule when the license holder is assigned
responsibility for assisting with medical appointments;
 new text end

new text begin (4) the person's current coordinated service and support plan or that portion of the
plan assigned to the license holder;
 new text end

new text begin (5) copies of the individual abuse prevention plan and assessments as required under
section 245D.071, subdivisions 2 and 3;
 new text end

new text begin (6) a record of other service providers serving the person when the person's
coordinated service and support plan identifies the need for coordination between the
service providers, that includes a contact person and telephone numbers, services being
provided, and names of staff responsible for coordination;
 new text end

new text begin (7) documentation of orientation to service recipient rights according to section
245D.04, subdivision 1, and maltreatment reporting policies and procedures according to
section 245A.65, subdivision 1, paragraph (c);
 new text end

new text begin (8) copies of authorizations to handle a person's funds, according to section 245D.06,
subdivision 4, paragraph (a);
 new text end

new text begin (9) documentation of complaints received and grievance resolution;
 new text end

new text begin (10) incident reports involving the person, required under section 245D.06,
subdivision 1;
 new text end

new text begin (11) copies of written reports regarding the person's status when requested according
to section 245D.07, subdivision 3, progress review reports as required under section
245D.071, subdivision 5, progress or daily log notes that are recorded by the program,
and reports received from other agencies involved in providing services or care to the
person; and
 new text end

new text begin (12) discharge summary, including service termination notice and related
documentation, when applicable.
 new text end

new text begin Subd. 4. new text end

new text begin Access to service recipient records. new text end

new text begin The license holder must ensure that
the following people have access to the information in subdivision 1 in accordance with
applicable state and federal law, regulation, or rule:
 new text end

new text begin (1) the person, the person's legal representative, and anyone properly authorized
by the person;
 new text end

new text begin (2) the person's case manager;
 new text end

new text begin (3) staff providing services to the person unless the information is not relevant to
carrying out the coordinated service and support plan; and
 new text end

new text begin (4) the county child or adult foster care licensor, when services are also licensed as
child or adult foster care.
 new text end

new text begin Subd. 5. new text end

new text begin Personnel records. new text end

new text begin (a) The license holder must maintain a personnel
record of each employee to document and verify staff qualifications, orientation, and
training. The personnel record must include:
 new text end

new text begin (1) the employee's date of hire, completed application, an acknowledgement signed
by the employee that job duties were reviewed with the employee and the employee
understands those duties, and documentation that the employee meets the position
requirements as determined by the license holder;
 new text end

new text begin (2) documentation of staff qualifications, orientation, training, and performance
evaluations as required under section 245D.09, subdivisions 3 to 5, including the date
the training was completed, the number of hours per subject area, and the name of the
trainer or instructor; and
 new text end

new text begin (3) a completed background study as required under chapter 245C.
 new text end

new text begin (b) For employees hired after January 1, 2014, the license holder must maintain
documentation in the personnel record or elsewhere, sufficient to determine the date of the
employee's first supervised direct contact with a person served by the program, and the
date of first unsupervised direct contact with a person served by the program.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 30.

Minnesota Statutes 2012, section 245D.10, is amended to read:


245D.10 POLICIES AND PROCEDURES.

Subdivision 1.

Policy and procedure requirements.

deleted text begin Thedeleted text end new text begin Anew text end license holder
new text begin providing either basic or intensive supports and servicesnew text end must establish, enforce, and
maintain policies and procedures as required in this chapternew text begin , chapter 245A, and other
applicable state and federal laws and regulations governing the provision of home and
community-based services licensed according to this chapternew text end .

Subd. 2.

Grievances.

The license holder must establish policies and procedures
that deleted text begin providedeleted text end new text begin promote service recipient rights by providingnew text end a simple complaint process for
persons served by the program and their authorized representatives to bring a grievance that:

(1) provides staff assistance with the complaint process when requested, and the
addresses and telephone numbers of outside agencies to assist the person;

(2) allows the person to bring the complaint to the highest level of authority in the
program if the grievance cannot be resolved by other staff members, and that provides
the name, address, and telephone number of that person;

(3) requires the license holder to promptly respond to all complaints affecting a
person's health and safety. For all other complaints, the license holder must provide an
initial response within 14 calendar days of receipt of the complaint. All complaints must
be resolved within 30 calendar days of receipt or the license holder must document the
reason for the delay and a plan for resolution;

(4) requires a complaint review that includes an evaluation of whether:

(i) related policies and procedures were followed and adequate;

(ii) there is a need for additional staff training;

(iii) the complaint is similar to past complaints with the persons, staff, or services
involved; and

(iv) there is a need for corrective action by the license holder to protect the health
and safety of persons receiving services;

(5) based on the review in clause (4), requires the license holder to develop,
document, and implement a corrective action plan designed to correct current lapses and
prevent future lapses in performance by staff or the license holder, if any;

(6) provides a written summary of the complaint and a notice of the complaint
resolution to the person and case manager that:

(i) identifies the nature of the complaint and the date it was received;

(ii) includes the results of the complaint review;

(iii) identifies the complaint resolution, including any corrective action; and

(7) requires that the complaint summary and resolution notice be maintained in the
service recipient record.

Subd. 3.

Service suspension and service termination.

(a) The license holder must
establish policies and procedures for temporary service suspension and service termination
that promote continuity of care and service coordination with the person and the case
manager and with other licensed caregivers, if any, who also provide support to the person.

(b) The policy must include the following requirements:

(1) the license holder must notify the person new text begin or the person's legal representative new text end and
case manager in writing of the intended termination or temporary service suspension, and
the person's right to seek a temporary order staying the termination of service according to
the procedures in section 256.045, subdivision 4a, or 6, paragraph (c);

(2) notice of the proposed termination of services, including those situations
that began with a temporary service suspension, must be given at least 60 days before
the proposed termination is to become effective when a license holder is providing
deleted text begin independent living skills training, structured day, prevocational or supported employment
services to the persondeleted text end new text begin intensive supports and services identified in section 245D.03,
subdivision 1, paragraph (c)new text end , and 30 days prior to termination for all other services
licensed under this chapter;

(3) the license holder must provide information requested by the person or case
manager when services are temporarily suspended or upon notice of termination;

(4) prior to giving notice of service termination or temporary service suspension,
the license holder must document actions taken to minimize or eliminate the need for
service suspension or termination;

(5) during the temporary service suspension or service termination notice period,
the license holder will work with the appropriate county agency to develop reasonable
alternatives to protect the person and others;

(6) the license holder must maintain information about the service suspension or
termination, including the written termination notice, in the service recipient record; and

(7) the license holder must restrict temporary service suspension to situations in
which the person's deleted text begin behavior causes immediate and serious danger to the health and safety
of the person or othersdeleted text end new text begin conduct poses an imminent risk of physical harm to self or others
and less restrictive or positive support strategies would not achieve safetynew text end .

Subd. 4.

Availability of current written policies and procedures.

(a) The license
holder must review and update, as needed, the written policies and procedures required
under this chapter.

(b)new text begin (1)new text end The license holder must inform the person and case manager of the policies
and procedures affecting a person's rights under section 245D.04, and provide copies of
those policies and procedures, within five working days of service initiation.

new text begin (2) If a license holder only provides basic services and supports, this includes the:
 new text end

new text begin (i) grievance policy and procedure required under subdivision 2; and
 new text end

new text begin (ii) service suspension and termination policy and procedure required under
subdivision 3.
 new text end

new text begin (3) For all other license holders this includes the:
 new text end

new text begin (i) policies and procedures in clause (2);
 new text end

new text begin (ii) emergency use of manual restraints policy and procedure required under
subdivision 3a; and
 new text end

new text begin (iii) data privacy requirements under section 245D.11, subdivision 3.
 new text end

(c) The license holder must provide a written notice at least 30 days before
implementing any revised policies and procedures affecting a person's rights under section
245D.04. The notice must explain the revision that was made and include a copy of
the revised policy and procedure. The license holder must document the reason for not
providing the notice at least 30 days before implementing the revisions.

(d) Before implementing revisions to required policies and procedures, the license
holder must inform all employees of the revisions and provide training on implementation
of the revised policies and procedures.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 31.

new text begin [245D.11] POLICIES AND PROCEDURES; INTENSIVE SUPPORT
SERVICES.
 new text end

new text begin Subdivision 1. new text end

new text begin Policy and procedure requirements. new text end

new text begin A license holder providing
intensive support services as identified in section 245D.03, subdivision 1, paragraph (c),
must establish, enforce, and maintain policies and procedures as required in this section.
 new text end

new text begin Subd. 2. new text end

new text begin Health and safety. new text end

new text begin The license holder must establish policies and
procedures that promote health and safety by ensuring:
 new text end

new text begin (1) use of universal precautions and sanitary practices in compliance with section
245D.06, subdivision 2, clause (5);
 new text end

new text begin (2) if the license holder operates a residential program, health service coordination
and care according to the requirements in section 245D.05, subdivision 1;
 new text end

new text begin (3) safe medication assistance and administration according to the requirements
in sections 245D.05, subdivisions 1a, 2, and 5, and 245D.051, that are established in
consultation with a registered nurse, nurse practitioner, physician's assistant, or medical
doctor and require completion of medication administration training according to the
requirements in section 245D.09, subdivision 4a, paragraph (c). Medication assistance
and administration includes, but is not limited to:
 new text end

new text begin (i) providing medication-related services for a person;
 new text end

new text begin (ii) medication setup;
 new text end

new text begin (iii) medication administration;
 new text end

new text begin (iv) medication storage and security;
 new text end

new text begin (v) medication documentation and charting;
 new text end

new text begin (vi) verification and monitoring of effectiveness of systems to ensure safe medication
handling and administration;
 new text end

new text begin (vii) coordination of medication refills;
 new text end

new text begin (viii) handling changes to prescriptions and implementation of those changes;
 new text end

new text begin (ix) communicating with the pharmacy; and
 new text end

new text begin (x) coordination and communication with prescriber;
 new text end

new text begin (4) safe transportation, when the license holder is responsible for transportation of
persons, with provisions for handling emergency situations according to the requirements
in section 245D.06, subdivision 2, clauses (2) to (4);
 new text end

new text begin (5) a plan for ensuring the safety of persons served by the program in emergencies as
defined in section 245D.02, subdivision 8, and procedures for staff to report emergencies
to the license holder. A license holder with a community residential setting or a day service
facility license must ensure the policy and procedures comply with the requirements in
section 245D.22, subdivision 4;
 new text end

new text begin (6) a plan for responding to all incidents as defined in section 245D.02, subdivision
11; and reporting all incidents required to be reported according to section 245D.06,
subdivision 1. The plan must:
 new text end

new text begin (i) provide the contact information of a source of emergency medical care and
transportation; and
 new text end

new text begin (ii) require staff to first call 911 when the staff believes a medical emergency may be
life threatening, or to call the mental health crisis intervention team when the person is
experiencing a mental health crisis; and
 new text end

new text begin (7) a procedure for the review of incidents and emergencies to identify trends or
patterns, and corrective action if needed. The license holder must establish and maintain
a record-keeping system for the incident and emergency reports. Each incident and
emergency report file must contain a written summary of the incident. The license holder
must conduct a review of incident reports for identification of incident patterns, and
implementation of corrective action as necessary to reduce occurrences. Each incident
report must include:
 new text end

new text begin (i) the name of the person or persons involved in the incident. It is not necessary
to identify all persons affected by or involved in an emergency unless the emergency
resulted in an incident;
 new text end

new text begin (ii) the date, time, and location of the incident or emergency;
 new text end

new text begin (iii) a description of the incident or emergency;
 new text end

new text begin (iv) a description of the response to the incident or emergency and whether a person's
individual service and support plan or risk management plan, or program policies and
procedures were implemented as applicable;
 new text end

new text begin (v) the name of the staff person or persons who responded to the incident or
emergency; and
 new text end

new text begin (vi) the determination of whether corrective action is necessary based on the results
of the review.
 new text end

new text begin Subd. 3. new text end

new text begin Data privacy. new text end

new text begin The license holder must establish policies and procedures that
promote service recipient rights by ensuring data privacy according to the requirements in:
 new text end

new text begin (1) the Minnesota Government Data Practices Act, section 13.46, and all other
applicable Minnesota laws and rules in handling all data related to the services provided;
and
 new text end

new text begin (2) the Health Insurance Portability and Accountability Act of 1996 (HIPAA), to the
extent that the license holder performs a function or activity involving the use of protected
health information as defined under Code of Federal Regulations, title 45, section 164.501,
including, but not limited to, providing health care services; health care claims processing
or administration; data analysis, processing, or administration; utilization review; quality
assurance; billing; benefit management; practice management; repricing; or as otherwise
provided by Code of Federal Regulations, title 45, section 160.103. The license holder
must comply with the Health Insurance Portability and Accountability Act of 1996 and
its implementing regulations, Code of Federal Regulations, title 45, parts 160 to 164,
and all applicable requirements.
 new text end

new text begin Subd. 4. new text end

new text begin Admission criteria. new text end

new text begin The license holder must establish policies and
procedures that promote continuity of care by ensuring that admission or service initiation
criteria:
 new text end

new text begin (1) is consistent with the license holder's registration information identified in the
requirements in section 245D.031, subdivision 2, and with the service-related rights
identified in section 245D.04, subdivisions 2, clauses (4) to (7), and 3, clause (8);
 new text end

new text begin (2) identifies the criteria to be applied in determining whether the license holder
can develop services to meet the needs specified in the person's coordinated service and
support plan;
 new text end

new text begin (3) requires a license holder providing services in a health care facility to comply
with the requirements in section 243.166, subdivision 4b, to provide notification to
residents when a registered predatory offender is admitted into the program or to a
potential admission when the facility was already serving a registered predatory offender.
For purposes of this clause, "health care facility" means a facility licensed by the
commissioner as a residential facility under chapter 245A to provide adult foster care or
residential services to persons with disabilities;
 new text end

new text begin (4) requires that the license holder must not refuse to admit a person based solely on
the basis of the type of residential services a person is receiving or solely on the basis of
the person's severity of disability, orthopedic or neurological handicaps, sight or hearing
impairments, lack of communication skills, physical disabilities, toilet habits, behavioral
disorders, or past failure to make progress; and
 new text end

new text begin (5) requires that when a person or the person's legal representative requests services
from the license holder, a refusal to admit the person must be based on an evaluation of
the person's assessed needs and the license holder's lack of capacity to meet the needs of
the person. Documentation of the basis for refusal must be provided to the person or the
person's legal representative and case manager upon request.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 32.

new text begin [245D.21] FACILITY LICENSURE REQUIREMENTS AND
APPLICATION PROCESS.
 new text end

new text begin Subdivision 1. new text end

new text begin Community residential settings and day service facilities. new text end

new text begin For
purposes of this section, "facility" means both a community residential setting and day
service facility and the physical plant.
 new text end

new text begin Subd. 2. new text end

new text begin Inspections and code compliance. new text end

new text begin (a) Physical plants must comply with
applicable state and local fire, health, building, and zoning codes.
 new text end

new text begin (b)(1) The facility must be inspected by a fire marshal or their delegate within
12 months before initial licensure to verify that it meets the applicable occupancy
requirements as defined in the State Fire Code and that the facility complies with the fire
safety standards for that occupancy code contained in the State Fire Code.
 new text end

new text begin (2) The fire marshal inspection of a community residential setting must verify the
residence is a dwelling unit within a residential occupancy as defined in section 9.117 of
the State Fire Code. A home safety checklist, approved by the commissioner, must be
completed for a community residential setting by the license holder and the commissioner
before the satellite license is reissued.
 new text end

new text begin (3) The facility shall be inspected according to the facility capacity specified on the
initial application form.
 new text end

new text begin (4) If the commissioner has reasonable cause to believe that a potentially hazardous
condition may be present or the licensed capacity is increased, the commissioner shall
request a subsequent inspection and written report by a fire marshal to verify the absence
of hazard.
 new text end

new text begin (5) Any condition cited by a fire marshal, building official, or health authority as
hazardous or creating an immediate danger of fire or threat to health and safety must be
corrected before a license is issued by the department, and for community residential
settings, before a license is reissued.
 new text end

new text begin (c) The facility must maintain in a permanent file the reports of health, fire, and
other safety inspections.
 new text end

new text begin (d) The facility's plumbing, ventilation, heating, cooling, lighting, and other
fixtures and equipment, including elevators or food service, if provided, must conform to
applicable health, sanitation, and safety codes and regulations.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 33.

new text begin [245D.22] FACILITY SANITATION AND HEALTH.
 new text end

new text begin Subdivision 1. new text end

new text begin General maintenance. new text end

new text begin The license holder must maintain the interior
and exterior of buildings, structures, or enclosures used by the facility, including walls,
floors, ceilings, registers, fixtures, equipment, and furnishings in good repair and in a
sanitary and safe condition. The facility must be clean and free from accumulations of
dirt, grease, garbage, peeling paint, mold, vermin, and insects. The license holder must
correct building and equipment deterioration, safety hazards, and unsanitary conditions.
 new text end

new text begin Subd. 2. new text end

new text begin Hazards and toxic substances. new text end

new text begin The license holder must ensure that
service sites owned or leased by the license holder are free from hazards that would
threaten the health or safety of a person receiving services by ensuring the requirements
in paragraphs (a) to (g) are met.
 new text end

new text begin (a) Chemicals, detergents, and other hazardous or toxic substances must not be
stored with food products or in any way that poses a hazard to persons receiving services.
 new text end

new text begin (b) The license holder must install handrails and nonslip surfaces on interior and
exterior runways, stairways, and ramps according to the applicable building code.
 new text end

new text begin (c) If there are elevators in the facility, the license holder must have elevators
inspected each year. The date of the inspection, any repairs needed, and the date the
necessary repairs were made must be documented.
 new text end

new text begin (d) The license holder must keep stairways, ramps, and corridors free of obstructions.
 new text end

new text begin (e) Outside property must be free from debris and safety hazards. Exterior stairs and
walkways must be kept free of ice and snow.
 new text end

new text begin (f) Heating, ventilation, air conditioning units, and other hot surfaces and moving
parts of machinery must be shielded or enclosed.
 new text end

new text begin (g) Use of dangerous items or equipment by persons served by the program must be
allowed in accordance with the person's coordinated service and support plan addendum
or the program abuse prevention plan, if not addressed in the coordinated service and
support plan addendum.
 new text end

new text begin Subd. 3. new text end

new text begin Storage and disposal of medication. new text end

new text begin Schedule II controlled substances in
the facility that are named in section 152.02, subdivision 3, must be stored in a locked
storage area permitting access only by persons and staff authorized to administer the
medication. This must be incorporated into the license holder's medication administration
policy and procedures required under section 245D.11, subdivision 2, clause (3).
Medications must be disposed of according to the Environmental Protection Agency
recommendations.
 new text end

new text begin Subd. 4. new text end

new text begin First aid. new text end

new text begin (a) A staff person must be trained in first aid and, when required
in a person's coordinated service and support plan, cardiopulmonary resuscitation, in
compliance with section 245D.06, subdivision 2, clause (1), item (iv).
 new text end

new text begin (b) A facility must have first aid kits readily available for use by, and that meets
the needs of, persons receiving services and staff. At a minimum, the first aid kit must
be equipped with accessible first aid supplies including bandages, sterile compresses,
scissors, an ice bag or cold pack, an oral or surface thermometer, mild liquid soap,
adhesive tape, and first aid manual.
 new text end

new text begin Subd. 5. new text end

new text begin Emergencies. new text end

new text begin (a) The license holder must have a written plan for
responding to emergencies as defined in section 245D.02, subdivision 8, to ensure the
safety of persons served in the facility. The plan must include:
 new text end

new text begin (1) procedures for emergency evacuation and emergency sheltering, including:
 new text end

new text begin (i) how to report a fire or other emergency;
 new text end

new text begin (ii) procedures to notify, relocate, and evacuate occupants, including use of adaptive
procedures or equipment to assist with the safe evacuation of persons with physical or
sensory disabilities; and
 new text end

new text begin (iii) instructions on closing off the fire area, using fire extinguishers, and activating
and responding to alarm systems;
 new text end

new text begin (2) a floor plan that identifies:
 new text end

new text begin (i) the location of fire extinguishers;
 new text end

new text begin (ii) the location of audible or visual alarm systems, including but not limited to
manual fire alarm boxes, smoke detectors, fire alarm enunciators and controls, and
sprinkler systems;
 new text end

new text begin (iii) the location of exits, primary and secondary evacuation routes, and accessible
egress routes, if any; and
 new text end

new text begin (iv) the location of emergency shelter within the facility;
 new text end

new text begin (3) a site plan that identifies:
 new text end

new text begin (i) designated assembly points outside the facility;
 new text end

new text begin (ii) the locations of fire hydrants; and
 new text end

new text begin (iii) the routes of fire department access;
 new text end

new text begin (4) the responsibilities each staff person must assume in case of emergency;
 new text end

new text begin (5) procedures for conducting quarterly drills each year and recording the date of
each drill in the file of emergency plans;
 new text end

new text begin (6) procedures for relocation or service suspension when services are interrupted
for more than 24 hours;
 new text end

new text begin (7) for a community residential setting with three or more dwelling units, a floor
plan that identifies the location of enclosed exit stairs; and
 new text end

new text begin (8) an emergency escape plan for each resident.
 new text end

new text begin (b) The license holder must:
 new text end

new text begin (1) maintain a log of quarterly fire drills on file in the facility;
 new text end

new text begin (2) provide an emergency response plan that is readily available to staff and persons
receiving services;
 new text end

new text begin (3) inform each person of a designated area within the facility where the person
should go to for emergency shelter during severe weather and the designated assembly
points outside the facility; and
 new text end

new text begin (4) maintain emergency contact information for persons served at the facility that
can be readily accessed in an emergency.
 new text end

new text begin Subd. 6. new text end

new text begin Emergency equipment. new text end

new text begin The facility must have a flashlight and a portable
radio or television set that do not require electricity and can be used if a power failure
occurs.
 new text end

new text begin Subd. 7. new text end

new text begin Telephone and posted numbers. new text end

new text begin A facility must have a non-coin operated
telephone that is readily accessible. A list of emergency numbers must be posted in a
prominent location. When an area has a 911 number or a mental health crisis intervention
team number, both numbers must be posted and the emergency number listed must be
911. In areas of the state without a 911 number, the numbers listed must be those of the
local fire department, police department, emergency transportation, and poison control
center. The names and telephone numbers of each person's representative, physician, and
dentist must be readily available.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 34.

new text begin [245D.23] COMMUNITY RESIDENTIAL SETTINGS; SATELLITE
LICENSURE REQUIREMENTS AND APPLICATION PROCESS.
 new text end

new text begin Subdivision 1. new text end

new text begin Separate satellite license required for separate sites. new text end

new text begin (a) A license
holder providing residential support services must obtain a separate satellite license for
each community residential setting located at separate addresses when the community
residential settings are to be operated by the same license holder. For purposes of this
chapter, a community residential setting is a satellite of the home and community-based
services license.
 new text end

new text begin (b) Community residential settings are permitted single-family use homes. After a
license has been issued, the commissioner shall notify the local municipality where the
residence is located of the approved license.
 new text end

new text begin Subd. 2. new text end

new text begin Notification to local agency. new text end

new text begin The license holder must notify the local
agency within 24 hours of the onset of changes in a residence resulting from construction,
remodeling, or damages requiring repairs that require a building permit or may affect a
licensing requirement in this chapter.
 new text end

new text begin Subd. 3. new text end

new text begin Alternate overnight supervision. new text end

new text begin A license holder granted an alternate
overnight supervision technology adult foster care license according to section 245A.11,
subdivision 7a, that converts to a community residential setting satellite license according
to this chapter must retain that designation.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 35.

new text begin [245D.24] COMMUNITY RESIDENTIAL SETTINGS; PHYSICAL
PLANT AND ENVIRONMENT.
 new text end

new text begin Subdivision 1. new text end

new text begin Occupancy. new text end

new text begin The residence must meet the definition of a dwelling
unit in a residential occupancy.
 new text end

new text begin Subd. 2. new text end

new text begin Common area requirements. new text end

new text begin The living area must be provided with an
adequate number of furnishings for the usual functions of daily living and social activities.
The dining area must be furnished to accommodate meals shared by all persons living in
the residence. These furnishings must be in good repair and functional to meet the daily
needs of the persons living in the residence.
 new text end

new text begin Subd. 3. new text end

new text begin Bedrooms. new text end

new text begin (a) People receiving services must mutually consent, in
writing, to sharing a bedroom with one another. No more than two people receiving
services may share one bedroom.
 new text end

new text begin (b) A single occupancy bedroom must have at least 80 square feet of floor space with
a 7-1/2 foot ceiling. A double occupancy room must have at least 120 square feet of floor
space with a 7-1/2 foot ceiling. Bedrooms must be separated from halls, corridors, and
other habitable rooms by floor to ceiling walls containing no openings except doorways
and must not serve as a corridor to another room used in daily living.
 new text end

new text begin (c) A person's personal possessions and items for the person's own use are the only
items permitted to be stored in a person's bedroom.
 new text end

new text begin (d) Unless otherwise documented through assessment as a safety concern for the
person, each person must be provided with the following furnishings:
 new text end

new text begin (1) a separate bed of proper size and height for the convenience and comfort of the
person, with a clean mattress in good repair;
 new text end

new text begin (2) clean bedding appropriate for the season for each person;
 new text end

new text begin (3) an individual cabinet, or dresser, shelves, and a closet, for storage of personal
possessions and clothing; and
 new text end

new text begin (4) a mirror for grooming.
 new text end

new text begin (e) When possible, a person must be allowed to have items of furniture that the
person personally owns in the bedroom, unless doing so would interfere with safety
precautions, violate a building or fire code, or interfere with another person's use of the
bedroom. A person may choose to not have a cabinet, dresser, shelves, or a mirror in the
bedroom, as otherwise required under paragraph (d), clause (3) or (4). If a person chooses
not to have a piece of required furniture, the license holder must document this choice and
is not required to provide the item.
 new text end

new text begin (f) A person must be allowed to bring personal possessions into the bedroom
and other designated storage space, if such space is available, in the residence. The
person must be allowed to accumulate possessions to the extent the residence is able to
accommodate them, unless doing so is contraindicated for the person's physical or mental
health, would interfere with safety precautions or another person's use of the bedroom, or
would violate a building or fire code. The license holder must allow for locked storage
of personal items. Any restriction on the possession or locked storage of personal items,
including requiring a person to use a lock provided by the license holder, must comply
with section 245D.04, subdivision 3, paragraph (c), and allow the person to be present if
and when the license holder opens the lock.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 36.

new text begin [245D.25] COMMUNITY RESIDENTIAL SETTINGS; FOOD AND
WATER.
 new text end

new text begin Subdivision 1. new text end

new text begin Water. new text end

new text begin Potable water from privately owned wells must be tested
annually by a Department of Health-certified laboratory for coliform bacteria and nitrate
nitrogens to verify safety. The health authority may require retesting and corrective
measures if results exceed state water standards in Minnesota Rules, chapter 4720, or in
the event of a flooding or incident which may put the well at risk of contamination. To
prevent scalding, the water temperature of faucets must not exceed 120 degrees Fahrenheit.
 new text end

new text begin Subd. 2. new text end

new text begin Food. new text end

new text begin Food served must meet any special dietary needs of a person as
prescribed by the person's physician or dietitian. Three nutritionally balanced meals a day
must be served or made available to persons, and nutritious snacks must be available
between meals.
 new text end

new text begin Subd. 3. new text end

new text begin Food safety. new text end

new text begin Food must be obtained, handled, and properly stored to
prevent contamination, spoilage, or a threat to the health of a person.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 37.

new text begin [245D.26] COMMUNITY RESIDENTIAL SETTINGS; SANITATION
AND HEALTH.
 new text end

new text begin Subdivision 1. new text end

new text begin Goods provided by the license holder. new text end

new text begin Individual clean bed linens
appropriate for the season and the person's comfort, including towels and wash cloths,
must be available for each person. Usual or customary goods for the operation of a
residence which are communally used by all persons receiving services living in the
residence must be provided by the license holder, including household items for meal
preparation, cleaning supplies to maintain the cleanliness of the residence, window
coverings on windows for privacy, toilet paper, and hand soap.
 new text end

new text begin Subd. 2. new text end

new text begin Personal items. new text end

new text begin Personal health and hygiene items must be stored in a
safe and sanitary manner.
 new text end

new text begin Subd. 3. new text end

new text begin Pets and service animals. new text end

new text begin Pets and service animals housed within
the residence must be immunized and maintained in good health as required by local
ordinances and state law. The license holder must ensure that the person and the person's
representative is notified before admission of the presence of pets in the residence.
 new text end

new text begin Subd. 4. new text end

new text begin Smoking in the residence. new text end

new text begin License holders must comply with the
requirements of the Minnesota Clean Indoor Air Act, sections 144.411 to 144.417, when
smoking is permitted in the residence.
 new text end

new text begin Subd. 5. new text end

new text begin Weapons. new text end

new text begin Weapons and ammunition must be stored separately in locked
areas that are inaccessible to a person receiving services. For purposes of this subdivision,
"weapons" means firearms and other instruments or devices designed for and capable of
producing bodily harm.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 38.

new text begin [245D.27] DAY SERVICES FACILITIES; SATELLITE LICENSURE
REQUIREMENTS AND APPLICATION PROCESS.
 new text end

new text begin Except for day service facilities on the same or adjoining lot, the license holder
providing day services must apply for a separate license for each facility-based service
site when the license holder is the owner, lessor, or tenant of the service site at which
persons receive day services and the license holder's employees who provide day services
are present for a cumulative total of more than 30 days within any 12-month period. For
purposes of this chapter, a day services facility license is a satellite license of the day
services program. A day services program may operate multiple licensed day service
facilities in one or more counties in the state. For the purposes of this section, "adjoining
lot" means day services facilities that are next door to or across the street from one another.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 39.

new text begin [245D.28] DAY SERVICES FACILITIES; PHYSICAL PLANT AND
SPACE REQUIREMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Facility capacity and useable space requirements. new text end

new text begin (a) The facility
capacity of each day service facility must be determined by the amount of primary space
available, the scheduling of activities at other service sites, and the space requirements of
all persons receiving services at the facility, not just the licensed services. The facility
capacity must specify the maximum number of persons that may receive services on
site at any one time.
 new text end

new text begin (b) When a facility is located in a multifunctional organization, the facility may
share common space with the multifunctional organization if the required available
primary space for use by persons receiving day services is maintained while the facility is
operating. The license holder must comply at all times with all applicable fire and safety
codes under section 245A.04, subdivision 2a, and adequate supervision requirements
under section 245D.31 for all persons receiving day services.
 new text end

new text begin (c) A day services facility must have a minimum of 40 square feet of primary space
available for each person and each staff person or employee who is present at the site at
any one time. Primary space does not include:
 new text end

new text begin (1) common areas, such as hallways, stairways, closets, utility areas, bathrooms,
and kitchens;
 new text end

new text begin (2) floor areas beneath stationary equipment; or
 new text end

new text begin (3) any space occupied by persons associated with the multifunctional organization
while persons receiving day services are using common space.
 new text end

new text begin Subd. 2. new text end

new text begin Individual personal articles. new text end

new text begin Each person must be provided space in a
closet, cabinet, on a shelf, or a coat hook for storage of personal items for the person's own
use while receiving services at the facility, unless doing so would interfere with safety
precautions, another person's work space, or violate a building or fire code.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 40.

new text begin [245D.29] DAY SERVICES FACILITIES; HEALTH AND SAFETY
REQUIREMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Refrigeration. new text end

new text begin If the license holder provides refrigeration at service
sites owned or leased by the license holder for storing perishable foods and perishable
portions of bag lunches, whether the foods are supplied by the license holder or the
persons receiving services, the refrigeration must have a temperature of 40 degrees
Fahrenheit or less.
 new text end

new text begin Subd. 2. new text end

new text begin Drinking water. new text end

new text begin Drinking water must be available to all persons
receiving services. If a person is unable to request or obtain drinking water, it must be
provided according to that person's individual needs. Drinking water must be provided in
single-service containers or from drinking fountains accessible to all persons.
 new text end

new text begin Subd. 3. new text end

new text begin Individuals who become ill during the day. new text end

new text begin There must be an area in
which a person receiving services can rest if:
 new text end

new text begin (1) the person becomes ill during the day;
new text end

new text begin (2) the person does not live in a licensed residential site;
 new text end

new text begin (3) the person requires supervision; and
 new text end

new text begin (4) there is not a caretaker immediately available. Supervision must be provided
until the caretaker arrives to bring the person home.
 new text end

new text begin Subd. 4. new text end

new text begin Safety procedures. new text end

new text begin The license holder must establish general written
safety procedures that include criteria for selecting, training, and supervising persons who
work with hazardous machinery, tools, or substances. Safety procedures specific to each
person's activities must be explained and be available in writing to all staff members
and persons receiving services.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 41.

new text begin [245D.31] DAY SERVICES FACILITIES; STAFF RATIO AND
FACILITY COVERAGE.
 new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section applies only to facility-based day services.
 new text end

new text begin Subd. 2. new text end

new text begin Factors. new text end

new text begin (a) The number of direct support service staff members that a
license holder must have on duty at the facility at a given time to meet the minimum
staffing requirements established in this section varies according to:
 new text end

new text begin (1) the number of persons who are enrolled and receiving direct support services
at that given time;
 new text end

new text begin (2) the staff ratio requirement established under subdivision 3 for each person who
is present; and
 new text end

new text begin (3) whether the conditions described in subdivision 8 exist and warrant additional
staffing beyond the number determined to be needed under subdivision 7.
 new text end

new text begin (b) The commissioner must consider the factors in paragraph (a) in determining a
license holder's compliance with the staffing requirements and must further consider
whether the staff ratio requirement established under subdivision 3 for each person
receiving services accurately reflects the person's need for staff time.
 new text end

new text begin Subd. 3. new text end

new text begin Staff ratio requirement for each person receiving services. new text end

new text begin The case
manager, in consultation with the interdisciplinary team, must determine at least once each
year which of the ratios in subdivisions 4, 5, and 6 is appropriate for each person receiving
services on the basis of the characteristics described in subdivisions 4, 5, and 6. The ratio
assigned each person and the documentation of how the ratio was arrived at must be kept
in each person's individual service plan. Documentation must include an assessment of the
person with respect to the characteristics in subdivisions 4, 5, and 6 recorded on a standard
assessment form required by the commissioner.
 new text end

new text begin Subd. 4. new text end

new text begin Person requiring staff ratio of one to four. new text end

new text begin A person must be assigned a
staff ratio requirement of one to four if:
 new text end

new text begin (1) on a daily basis the person requires total care and monitoring or constant
hand-over-hand physical guidance to successfully complete at least three of the following
activities: toileting, communicating basic needs, eating, ambulating; or is not capable of
taking appropriate action for self-preservation under emergency conditions; or
 new text end

new text begin (2) the person engages in conduct that poses an imminent risk of physical harm to
self or others at a documented level of frequency, intensity, or duration requiring frequent
daily ongoing intervention and monitoring as established in the person's coordinated
service and support plan or coordinated service and support plan addendum.
 new text end

new text begin Subd. 5. new text end

new text begin Person requiring staff ratio of one to eight. new text end

new text begin A person must be assigned a
staff ratio requirement of one to eight if:
 new text end

new text begin (1) the person does not meet the requirements in subdivision 4; and
 new text end

new text begin (2) on a daily basis the person requires verbal prompts or spot checks and minimal
or no physical assistance to successfully complete at least four of the following activities:
toileting, communicating basic needs, eating, ambulating, or taking appropriate action for
self-preservation under emergency conditions.
 new text end

new text begin Subd. 6. new text end

new text begin Person requiring staff ratio of one to six. new text end

new text begin A person who does not have
any of the characteristics described in subdivision 4 or 5 must be assigned a staff ratio
requirement of one to six.
 new text end

new text begin Subd. 7. new text end

new text begin Determining number of direct support service staff required. new text end

new text begin The
minimum number of direct support service staff members required at any one time to
meet the combined staff ratio requirements of the persons present at that time can be
determined by the following steps:
 new text end

new text begin (1) assign each person in attendance the three-digit decimal below that corresponds
to the staff ratio requirement assigned to that person. A staff ratio requirement of one to
four equals 0.250. A staff ratio requirement of one to eight equals 0.125. A staff ratio
requirement of one to six equals 0.166. A staff ratio requirement of one to ten equals 0.100;
 new text end

new text begin (2) add all of the three-digit decimals (one three-digit decimal for every person in
attendance) assigned in clause (1);
 new text end

new text begin (3) when the sum in clause (2) falls between two whole numbers, round off the sum
to the larger of the two whole numbers; and
 new text end

new text begin (4) the larger of the two whole numbers in clause (3) equals the number of direct
support service staff members needed to meet the staff ratio requirements of the persons
in attendance.
 new text end

new text begin Subd. 8. new text end

new text begin Staff to be included in calculating minimum staffing requirement. new text end

new text begin Only
direct support staff must be counted as staff members in calculating the staff to participant
ratio. A volunteer may be counted as a direct support staff in calculating the staff to
participant ratio if the volunteer meets the same standards and requirements as paid staff.
No person receiving services must be counted as or be substituted for a staff member in
calculating the staff to participant ratio.
 new text end

new text begin Subd. 9. new text end

new text begin Conditions requiring additional direct support staff. new text end

new text begin The license holder
must increase the number of direct support staff members present at any one time beyond
the number arrived at in subdivision 4 if necessary when any one or combination of the
following circumstances can be documented by the commissioner as existing:
 new text end

new text begin (1) the health and safety needs of the persons receiving services cannot be met by
the number of staff members available under the staffing pattern in effect even though the
number has been accurately calculated under subdivision 7; or
 new text end

new text begin (2) the person's conduct frequently presents an imminent risk of physical harm to
self or others.
 new text end

new text begin Subd. 10. new text end

new text begin Supervision requirements. new text end

new text begin (a) At no time must one direct support
staff member be assigned responsibility for supervision and training of more than ten
persons receiving supervision and training, except as otherwise stated in each person's risk
management plan.
 new text end

new text begin (b) In the temporary absence of the director or a supervisor, a direct support staff
member must be designated to supervise the center.
 new text end

new text begin Subd. 11. new text end

new text begin Multifunctional programs. new text end

new text begin A multifunctional program may count other
employees of the organization besides direct support staff of the day service facility in
calculating the staff to participant ratio if the employee is assigned to the day services
facility for a specified amount of time, during which the employee is not assigned to
another organization or program.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 42.

new text begin [245D.32] ALTERNATIVE LICENSING INSPECTIONS.
 new text end

new text begin Subdivision 1. new text end

new text begin Eligibility for an alternative licensing inspection. new text end

new text begin (a) A license
holder providing services licensed under this chapter, with a qualifying accreditation and
meeting the eligibility criteria in paragraphs (b) and (c) may request approval for an
alternative licensing inspection when all services provided under the license holder's
license are accredited. A license holder with a qualifying accreditation and meeting
the eligibility criteria in paragraphs (b) and (c) may request approval for an alternative
licensing inspection for individual community residential settings or day services facilities
licensed under this chapter.
 new text end

new text begin (b) In order to be eligible for an alternative licensing inspection, the program must
have had at least one inspection by the commissioner following issuance of the initial
license. For programs operating a day services facility, each facility must have had at least
one on-site inspection by the commissioner following issuance of the initial license.
 new text end

new text begin (c) In order to be eligible for an alternative licensing inspection, the program must
have been in "substantial and consistent compliance" at the time of the last licensing
inspection and during the current licensing period. For purposes of this section, substantial
and consistent compliance means:
 new text end

new text begin (1) the license holder's license was not made conditional, suspended, or revoked;
 new text end

new text begin (2) there have been no substantiated allegations of maltreatment against the license
holder;
 new text end

new text begin (3) there were no program deficiencies identified that would jeopardize the health,
safety, or rights of persons being served; and
 new text end

new text begin (4) the license holder maintained substantial compliance with the other requirements
of chapters 245A and 245C and other applicable laws and rules.
 new text end

new text begin (d) For the purposes of this section, the license holder's license includes services
licensed under this chapter that were previously licensed under chapter 245B until
December 31, 2013.
 new text end

new text begin Subd. 2. new text end

new text begin Qualifying accreditation. new text end

new text begin The commissioner must accept a three-year
accreditation from the Commission on Accreditation of Rehabilitation Facilities (CARF)
as a qualifying accreditation.
 new text end

new text begin Subd. 3. new text end

new text begin Request for approval of an alternative inspection status. new text end

new text begin (a) A request
for an alternative inspection must be made on the forms and in the manner prescribed
by the commissioner. When submitting the request, the license holder must submit all
documentation issued by the accrediting body verifying that the license holder has obtained
and maintained the qualifying accreditation and has complied with recommendations
or requirements from the accrediting body during the period of accreditation. Based
on the request and the additional required materials, the commissioner may approve
an alternative inspection status.
 new text end

new text begin (b) The commissioner must notify the license holder in writing that the request for
an alternative inspection status has been approved. Approval must be granted until the
end of the qualifying accreditation period.
 new text end

new text begin (c) The license holder must submit a written request for approval to be renewed
one month before the end of the current approval period according to the requirements
in paragraph (a). If the license holder does not submit a request to renew approval as
required, the commissioner must conduct a licensing inspection.
 new text end

new text begin Subd. 4. new text end

new text begin Programs approved for alternative licensing inspection; deemed
compliance licensing requirements. new text end

new text begin (a) A license holder approved for alternative
licensing inspection under this section is required to maintain compliance with all
licensing standards according to this chapter.
 new text end

new text begin (b) A license holder approved for alternative licensing inspection under this section
must be deemed to be in compliance with all the requirements of this chapter, and the
commissioner must not perform routine licensing inspections.
 new text end

new text begin (c) Upon receipt of a complaint regarding the services of a license holder approved
for alternative licensing inspection under this section, the commissioner must investigate
the complaint and may take any action as provided under section 245A.06 or 245A.07.
 new text end

new text begin Subd. 5. new text end

new text begin Investigations of alleged or suspected maltreatment. new text end

new text begin Nothing in this
section changes the commissioner's responsibilities to investigate alleged or suspected
maltreatment of a minor under section 626.556 or a vulnerable adult under section 626.557.
 new text end

new text begin Subd. 6. new text end

new text begin Termination or denial of subsequent approval. new text end

new text begin Following approval of
an alternative licensing inspection, the commissioner may terminate or deny subsequent
approval of an alternative licensing inspection if the commissioner determines that:
 new text end

new text begin (1) the license holder has not maintained the qualifying accreditation;
 new text end

new text begin (2) the commissioner has substantiated maltreatment for which the license holder or
facility is determined to be responsible during the qualifying accreditation period; or
 new text end

new text begin (3) during the qualifying accreditation period, the license holder has been issued
an order for conditional license, fine, suspension, or license revocation that has not been
reversed upon appeal.
 new text end

new text begin Subd. 7. new text end

new text begin Appeals. new text end

new text begin The commissioner's decision that the conditions for approval for
an alternative licensing inspection have not been met is final and not subject to appeal
under the provisions of chapter 14.
 new text end

new text begin Subd. 8. new text end

new text begin Commissioner's programs. new text end

new text begin Home and community-based services licensed
under this chapter for which the commissioner is the license holder with a qualifying
accreditation are excluded from being approved for an alternative licensing inspection.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 43.

new text begin [245D.33] ADULT MENTAL HEALTH CERTIFICATION STANDARDS.
 new text end

new text begin (a) The commissioner of human services shall issue a mental health certification
for services licensed under this chapter, when a license holder is determined to have met
the requirements under paragraph (b). This certification is voluntary for license holders.
The certification shall be printed on the license and identified on the commissioner's
public Web site.
 new text end

new text begin (b) The requirements for certification are:
 new text end

new text begin (1) all staff have received at least seven hours of annual training covering all of
the following topics:
 new text end

new text begin (i) mental health diagnoses;
 new text end

new text begin (ii) mental health crisis response and de-escalation techniques;
 new text end

new text begin (iii) recovery from mental illness;
 new text end

new text begin (iv) treatment options, including evidence-based practices;
 new text end

new text begin (v) medications and their side effects;
 new text end

new text begin (vi) co-occurring substance abuse and health conditions; and
 new text end

new text begin (vii) community resources;
 new text end

new text begin (2) a mental health professional, as defined in section 245.462, subdivision 18, or a
mental health practitioner as defined in section 245.462, subdivision 17, is available
for consultation and assistance;
 new text end

new text begin (3) there is a plan and protocol in place to address a mental health crisis; and
 new text end

new text begin (4) each person's individual service and support plan identifies who is providing
clinical services and their contact information, and includes an individual crisis prevention
and management plan developed with the person.
 new text end

new text begin (c) License holders seeking certification under this section must request this
certification on forms and in the manner prescribed by the commissioner.
 new text end

new text begin (d) If the commissioner finds that the license holder has failed to comply with the
certification requirements under paragraph (b), the commissioner may issue a correction
order and an order of conditional license in accordance with section 245A.06 or may
issue a sanction in accordance with section 245A.07, including and up to removal of
the certification.
 new text end

new text begin (e) A denial of the certification or the removal of the certification based on a
determination that the requirements under paragraph (b) have not been met is not subject to
appeal. A license holder that has been denied a certification or that has had a certification
removed may again request certification when the license holder is in compliance with the
requirements of paragraph (b).
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 44.

Minnesota Statutes 2012, section 256B.4912, subdivision 1, is amended to read:


Subdivision 1.

Provider qualifications.

new text begin (a) new text end For the home and community-based
waivers providing services to seniors and individuals with disabilitiesnew text begin under sections
256B.0913, 256B.0915, 256B.092, and 256B.49new text end , the commissioner shall establish:

(1) agreements with enrolled waiver service providers to ensure providers meet
Minnesota health care program requirements;

(2) regular reviews of provider qualifications, and including requests of proof of
documentation; and

(3) processes to gather the necessary information to determine provider qualifications.

new text begin (b) new text end Beginning July 1, 2012, staff that provide direct contact, as defined in section
245C.02, subdivision 11, for services specified in the federally approved waiver plans
must meet the requirements of chapter 245C prior to providing waiver services and as
part of ongoing enrollment. Upon federal approval, this requirement must also apply to
consumer-directed community supports.

new text begin (c) Beginning January 1, 2014, service owners and managerial officials overseeing
the management or policies of services that provide direct contact as specified in the
federally approved waiver plans must meet the requirements of chapter 245C prior to
reenrollment or, for new providers, prior to initial enrollment if they have not already done
so as a part of service licensure requirements.
 new text end

Sec. 45.

Minnesota Statutes 2012, section 256B.4912, subdivision 7, is amended to read:


Subd. 7.

Applicant and license holder training.

An applicant or license holder
new text begin for the home and community-based waivers providing services to seniors and individuals
with disabilities under sections 256B.0913, 256B.0915, 256B.092, and 256B.49 new text end that is
not enrolled as a Minnesota health care program home and community-based services
waiver provider at the time of application must ensure that at least one controlling
individual completes a onetime training on the requirements for providing home and
community-based services deleted text begin from a qualified sourcedeleted text end as determined by the commissioner,
before a provider is enrolled or license is issued.new text begin Within six months of enrollment, a newly
enrolled home and community-based waiver service provider must ensure that at least one
controlling individual has completed training on waiver and related program billing.
new text end

Sec. 46.

Minnesota Statutes 2012, section 256B.4912, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section the following terms have
the meanings given them.
new text end

new text begin (b) "Controlling individual" means a public body, governmental agency, business
entity, officer, owner, or managerial official whose responsibilities include the direction of
the management or policies of a program.
 new text end

new text begin (c) "Managerial official" means an individual who has decision-making authority
related to the operation of the program and responsibility for the ongoing management of
or direction of the policies, services, or employees of the program.
 new text end

new text begin (d) "Owner" means an individual who has direct or indirect ownership interest in
a corporation or partnership, or business association enrolling with the Department of
Human Services as a provider of waiver services.
 new text end

Sec. 47.

Minnesota Statutes 2012, section 256B.4912, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Enrollment requirements. new text end

new text begin All home and community-based waiver
providers must provide, at the time of enrollment and within 30 days of a request, in a
format determined by the commissioner, information and documentation that includes, but
is not limited to, the following:
 new text end

new text begin (1) proof of surety bond coverage in the amount of $50,000 or ten percent of the
provider's payments from Medicaid in the previous calendar year, whichever is greater;
 new text end

new text begin (2) proof of fidelity bond coverage in the amount of $20,000; and
 new text end

new text begin (3) proof of liability insurance.
 new text end

Sec. 48.

Minnesota Statutes 2012, section 626.557, subdivision 9a, is amended to read:


Subd. 9a.

Evaluation and referral of reports made to common entry point unit.

The common entry point must screen the reports of alleged or suspected maltreatment for
immediate risk and make all necessary referrals as follows:

(1) if the common entry point determines that there is an immediate need for
adult protective services, the common entry point agency shall immediately notify the
appropriate county agency;

(2) if the report contains suspected criminal activity against a vulnerable adult, the
common entry point shall immediately notify the appropriate law enforcement agency;

(3) the common entry point shall refer all reports of alleged or suspected
maltreatment to the appropriate lead investigative agency as soon as possible, but in any
event no longer than two working days;new text begin and
new text end

deleted text begin (4) if the report involves services licensed by the Department of Human Services
and subject to chapter 245D, the common entry point shall refer the report to the county as
the lead agency according to clause (3), but shall also notify the Department of Human
Services of the report; and
 deleted text end

deleted text begin (5)deleted text end new text begin (4)new text end if the report contains information about a suspicious death, the common
entry point shall immediately notify the appropriate law enforcement agencies, the local
medical examiner, and the ombudsman for mental health and developmental disabilities
established under section 245.92. Law enforcement agencies shall coordinate with the
local medical examiner and the ombudsman as provided by law.

Sec. 49.

Minnesota Statutes 2012, section 626.5572, subdivision 13, is amended to read:


Subd. 13.

Lead investigative agency.

"Lead investigative agency" is the primary
administrative agency responsible for investigating reports made under section 626.557.

(a) The Department of Health is the lead investigative agency for facilities or
services licensed or required to be licensed as hospitals, home care providers, nursing
homes, boarding care homes, hospice providers, residential facilities that are also federally
certified as intermediate care facilities that serve people with developmental disabilities,
or any other facility or service not listed in this subdivision that is licensed or required to
be licensed by the Department of Health for the care of vulnerable adults. "Home care
provider" has the meaning provided in section 144A.43, subdivision 4, and applies when
care or services are delivered in the vulnerable adult's home, whether a private home or a
housing with services establishment registered under chapter 144D, including those that
offer assisted living services under chapter 144G.

(b) deleted text begin Except as provided under paragraph (c), for services licensed according to
chapter 245D,deleted text end The Department of Human Services is the lead investigative agency for
facilities or services licensed or required to be licensed as adult day care, adult foster care,
programs for people with developmental disabilities, family adult day services, mental
health programs, mental health clinics, chemical dependency programs, the Minnesota
sex offender program, or any other facility or service not listed in this subdivision that is
licensed or required to be licensed by the Department of Human Services.

(c) The county social service agency or its designee is the lead investigative agency
for all other reports, including, but not limited to, reports involving vulnerable adults
receiving services from a personal care provider organization under section 256B.0659deleted text begin ,
or receiving home and community-based services licensed by the Department of Human
Services and subject to chapter 245Ddeleted text end .

Sec. 50. new text begin INTEGRATED LICENSING SYSTEM FOR HOME CARE AND HOME
AND COMMUNITY-BASED SERVICES.
new text end

new text begin (a) The Department of Health Compliance Monitoring Division and the Department
of Human Services Licensing Division shall jointly develop an integrated licensing system
for providers of both home care services subject to licensure under Minnesota Statutes,
chapter 144A, and for home and community-based services subject to licensure under
Minnesota Statutes, chapter 245D. The integrated licensing system shall:
 new text end

new text begin (1) require only one license of any provider of services under Minnesota Statutes,
sections 144A.43 to 144A.482, and 245D.03, subdivision 1;
 new text end

new text begin (2) promote quality services that recognize a person's individual needs and protect
the person's health, safety, rights, and well-being;
 new text end

new text begin (3) promote provider accountability through application requirements, compliance
inspections, investigations, and enforcement actions;
 new text end

new text begin (4) reference other applicable requirements in existing state and federal laws,
including the federal Affordable Care Act;
 new text end

new text begin (5) establish internal procedures to facilitate ongoing communications between the
agencies, and with providers and services recipients about the regulatory activities;
 new text end

new text begin (6) create a link between the agency Web sites so that providers and the public can
access the same information regardless of which Web site is accessed initially; and
 new text end

new text begin (7) collect data on identified outcome measures as necessary for the agencies to
report to the Centers for Medicare and Medicaid Services.
 new text end

new text begin (b) The joint recommendations for legislative changes to implement the integrated
licensing system are due to the legislature by February 15, 2014.
 new text end

new text begin (c) Before implementation of the integrated licensing system, providers licensed as
home care providers under Minnesota Statutes, chapter 144A, may also provide home
and community-based services subject to licensure under Minnesota Statutes, chapter
245D, without obtaining a home and community-based services license under Minnesota
Statutes, chapter 245D. During this time, the conditions under clauses (1) to (3) shall
apply to these providers:
 new text end

new text begin (1) the provider must comply with all requirements under Minnesota Statutes, chapter
245D, for services otherwise subject to licensure under Minnesota Statutes, chapter 245D;
 new text end

new text begin (2) a violation of requirements under Minnesota Statutes, chapter 245D, may be
enforced by the Department of Health under the enforcement authority set forth in
Minnesota Statutes, section 144A.475; and
 new text end

new text begin (3) the Department of Health will provide information to the Department of Human
Services about each provider licensed under this section, including the provider's license
application, licensing documents, inspections, information about complaints received, and
investigations conducted for possible violations of Minnesota Statutes, chapter 245D.
 new text end

Sec. 51. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 245B.01; 245B.02; 245B.03; 245B.031;
245B.04; 245B.05, subdivisions 1, 2, 3, 5, 6, and 7; 245B.055; 245B.06; 245B.07; and
245B.08, new text end new text begin are repealed effective January 1, 2014.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2012, sections 256B.092, subdivision 11; and 256B.49,
subdivision 22, new text end new text begin are repealed.
 new text end

new text begin (c) new text end new text begin Minnesota Statutes 2012, section 245D.08, new text end new text begin is repealed.
 new text end

ARTICLE 10

WAIVER PROVIDER STANDARDS TECHNICAL CHANGES

Section 1.

Minnesota Statutes 2012, section 16C.10, subdivision 5, is amended to read:


Subd. 5.

Specific purchases.

The solicitation process described in this chapter is
not required for acquisition of the following:

(1) merchandise for resale purchased under policies determined by the commissioner;

(2) farm and garden products which, as determined by the commissioner, may be
purchased at the prevailing market price on the date of sale;

(3) goods and services from the Minnesota correctional facilities;

(4) goods and services from rehabilitation facilities and extended employment
providers that are certified by the commissioner of employment and economic
development, and day deleted text begin training and habilitationdeleted text end services licensed under deleted text begin sections 245B.01
to 245B.08deleted text end new text begin chapter 245Dnew text end ;

(5) goods and services for use by a community-based facility operated by the
commissioner of human services;

(6) goods purchased at auction or when submitting a sealed bid at auction provided
that before authorizing such an action, the commissioner consult with the requesting
agency to determine a fair and reasonable value for the goods considering factors
including, but not limited to, costs associated with submitting a bid, travel, transportation,
and storage. This fair and reasonable value must represent the limit of the state's bid;

(7) utility services where no competition exists or where rates are fixed by law or
ordinance; and

(8) goods and services from Minnesota sex offender program facilities.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 2.

Minnesota Statutes 2012, section 16C.155, subdivision 1, is amended to read:


Subdivision 1.

Service contracts.

The commissioner of administration shall
ensure that a portion of all contracts for janitorial services; document imaging;
document shredding; and mailing, collating, and sorting services be awarded by the
state to rehabilitation programs and extended employment providers that are certified
by the commissioner of employment and economic development, and day deleted text begin training and
habilitationdeleted text end services licensed under deleted text begin sections 245B.01 to 245B.08deleted text end new text begin chapter 245Dnew text end . The
amount of each contract awarded under this section may exceed the estimated fair market
price as determined by the commissioner for the same goods and services by up to six
percent. The aggregate value of the contracts awarded to eligible providers under this
section in any given year must exceed 19 percent of the total value of all contracts for
janitorial services; document imaging; document shredding; and mailing, collating, and
sorting services entered into in the same year. For the 19 percent requirement to be
applicable in any given year, the contract amounts proposed by eligible providers must be
within six percent of the estimated fair market price for at least 19 percent of the contracts
awarded for the corresponding service area.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 3.

Minnesota Statutes 2012, section 144D.01, subdivision 4, is amended to read:


Subd. 4.

Housing with services establishment or establishment.

(a) "Housing
with services establishment" or "establishment" means:

(1) an establishment providing sleeping accommodations to one or more adult
residents, at least 80 percent of which are 55 years of age or older, and offering or
providing, for a fee, one or more regularly scheduled health-related services or two or
more regularly scheduled supportive services, whether offered or provided directly by the
establishment or by another entity arranged for by the establishment; or

(2) an establishment that registers under section 144D.025.

(b) Housing with services establishment does not include:

(1) a nursing home licensed under chapter 144A;

(2) a hospital, certified boarding care home, or supervised living facility licensed
under sections 144.50 to 144.56;

(3) a board and lodging establishment licensed under chapter 157 and Minnesota
Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660,
or 9530.4100 to 9530.4450, or under chapter deleted text begin 245Bdeleted text end new text begin 245Dnew text end ;

(4) a board and lodging establishment which serves as a shelter for battered women
or other similar purpose;

(5) a family adult foster care home licensed by the Department of Human Services;

(6) private homes in which the residents are related by kinship, law, or affinity with
the providers of services;

(7) residential settings for persons with developmental disabilities in which the
services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable
successor rules or laws;

(8) a home-sharing arrangement such as when an elderly or disabled person or
single-parent family makes lodging in a private residence available to another person
in exchange for services or rent, or both;

(9) a duly organized condominium, cooperative, common interest community, or
owners' association of the foregoing where at least 80 percent of the units that comprise the
condominium, cooperative, or common interest community are occupied by individuals
who are the owners, members, or shareholders of the units; or

(10) services for persons with developmental disabilities that are provided under
a license according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until
January 1, 1998, or under chapter deleted text begin 245Bdeleted text end new text begin 245Dnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 4.

Minnesota Statutes 2012, section 174.30, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

(a) The operating standards for special transportation
service adopted under this section do not apply to special transportation provided by:

(1) a common carrier operating on fixed routes and schedules;

(2) a volunteer driver using a private automobile;

(3) a school bus as defined in section 169.011, subdivision 71; or

(4) an emergency ambulance regulated under chapter 144.

(b) The operating standards adopted under this section only apply to providers
of special transportation service who receive grants or other financial assistance from
either the state or the federal government, or both, to provide or assist in providing that
service; except that the operating standards adopted under this section do not apply
to any nursing home licensed under section 144A.02, to any board and care facility
licensed under section 144.50, or to any day training and habilitation services, day care,
or group home facility licensed under sections 245A.01 to 245A.19 unless the facility or
program provides transportation to nonresidents on a regular basis and the facility receives
reimbursement, other than per diem payments, for that service under rules promulgated
by the commissioner of human services.

(c) Notwithstanding paragraph (b), the operating standards adopted under this
section do not apply to any vendor of services licensed under chapter deleted text begin 245Bdeleted text end new text begin 245Dnew text end that
provides transportation services to consumers or residents of other vendors licensed under
chapter deleted text begin 245Bdeleted text end new text begin 245Dnew text end and transports 15 or fewer persons, including consumers or residents
and the driver.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 5.

Minnesota Statutes 2012, section 245A.02, subdivision 1, is amended to read:


Subdivision 1.

Scope.

The terms used in this chapter deleted text begin and chapter 245Bdeleted text end have the
meanings given them in this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 245A.02, subdivision 9, is amended to read:


Subd. 9.

License holder.

"License holder" means an individual, corporation,
partnership, voluntary association, or other organization that is legally responsible for the
operation of the program, has been granted a license by the commissioner under this chapter
or chapter deleted text begin 245Bdeleted text end new text begin 245D new text end and the rules of the commissioner, and is a controlling individual.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 7.

Minnesota Statutes 2012, section 245A.03, subdivision 9, is amended to read:


Subd. 9.

Permitted services by an individual who is related.

Notwithstanding
subdivision 2, paragraph (a), clause (1), and subdivision 7, an individual who is related to a
person receiving supported living services may provide licensed services to that person if:

(1) the person who receives supported living services received these services in a
residential site on July 1, 2005;

(2) the services under clause (1) were provided in a corporate foster care setting for
adults and were funded by the developmental disabilities home and community-based
services waiver defined in section 256B.092;

(3) the individual who is related obtains and maintains both a license under chapter
deleted text begin 245Bdeleted text end new text begin 245Dnew text end and an adult foster care license under Minnesota Rules, parts 9555.5105
to 9555.6265; and

(4) the individual who is related is not the guardian of the person receiving supported
living services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 8.

Minnesota Statutes 2012, section 245A.04, subdivision 13, is amended to read:


Subd. 13.

Funds and property; other requirements.

(a) A license holder must
ensure that persons served by the program retain the use and availability of personal funds
or property unless restrictions are justified in the person's individual plan. deleted text begin This subdivision
does not apply to programs governed by the provisions in section 245B.07, subdivision 10.
deleted text end

(b) The license holder must ensure separation of funds of persons served by the
program from funds of the license holder, the program, or program staff.

(c) Whenever the license holder assists a person served by the program with the
safekeeping of funds or other property, the license holder must:

(1) immediately document receipt and disbursement of the person's funds or other
property at the time of receipt or disbursement, including the person's signature, or the
signature of the conservator or payee; and

(2) return to the person upon the person's request, funds and property in the license
holder's possession subject to restrictions in the person's treatment plan, as soon as
possible, but no later than three working days after the date of request.

(d) License holders and program staff must not:

(1) borrow money from a person served by the program;

(2) purchase personal items from a person served by the program;

(3) sell merchandise or personal services to a person served by the program;

(4) require a person served by the program to purchase items for which the license
holder is eligible for reimbursement; or

(5) use funds of persons served by the program to purchase items for which the
facility is already receiving public or private payments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 9.

Minnesota Statutes 2012, section 245A.07, subdivision 3, is amended to read:


Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may
suspend or revoke a license, or impose a fine if:

(1) a license holder fails to comply fully with applicable laws or rules;

(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
a disqualification which has not been set aside under section 245C.22;

(3) a license holder knowingly withholds relevant information from or gives false
or misleading information to the commissioner in connection with an application for
a license, in connection with the background study status of an individual, during an
investigation, or regarding compliance with applicable laws or rules; or

(4) after July 1, 2012, and upon request by the commissioner, a license holder fails
to submit the information required of an applicant under section 245A.04, subdivision 1,
paragraph (f) or (g).

A license holder who has had a license suspended, revoked, or has been ordered
to pay a fine must be given notice of the action by certified mail or personal service. If
mailed, the notice must be mailed to the address shown on the application or the last
known address of the license holder. The notice must state the reasons the license was
suspended, revoked, or a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license
holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received
the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits
a timely appeal of an order suspending or revoking a license, the license holder may
continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs
(g) and (h), until the commissioner issues a final order on the suspension or revocation.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the
license holder of the responsibility for payment of fines and the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal
of an order to pay a fine must be made in writing by certified mail or personal service. If
mailed, the appeal must be postmarked and sent to the commissioner within ten calendar
days after the license holder receives notice that the fine has been ordered. If a request is
made by personal service, it must be received by the commissioner within ten calendar
days after the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date
specified. If the license holder fails to fully comply with the order, the commissioner
may issue a second fine or suspend the license until the license holder complies. If the
license holder receives state funds, the state, county, or municipal agencies or departments
responsible for administering the funds shall withhold payments and recover any payments
made while the license is suspended for failure to pay a fine. A timely appeal shall stay
payment of the fine until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services,
in writing, when a violation specified in the order to forfeit a fine is corrected. If upon
reinspection the commissioner determines that a violation has not been corrected as
indicated by the order to forfeit a fine, the commissioner may issue a second fine. The
commissioner shall notify the license holder by certified mail or personal service that a
second fine has been assessed. The license holder may appeal the second fine as provided
under this subdivision.

(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for
each determination of maltreatment of a child under section 626.556 or the maltreatment
of a vulnerable adult under section 626.557 for which the license holder is determined
responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i),
or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each
occurrence of a violation of law or rule governing matters of health, safety, or supervision,
including but not limited to the provision of adequate staff-to-child or adult ratios, and
failure to comply with background study requirements under chapter 245C; and the license
holder shall forfeit $100 for each occurrence of a violation of law or rule other than
those subject to a $1,000 or $200 fine above. For purposes of this section, "occurrence"
means each violation identified in the commissioner's fine order. Fines assessed against a
license holder that holds a license to provide deleted text begin the residential-based habilitationdeleted text end new text begin home and
community-based new text end services, as deleted text begin defined underdeleted text end new text begin identified innew text end section deleted text begin 245B.02, subdivision
20deleted text end new text begin 245D.03, subdivision 1new text end , and a new text begin community residential setting or day services facility
new text end license deleted text begin to provide foster caredeleted text end new text begin under chapter 245D where the services are providednew text end , may be
assessed against both licenses for the same occurrence, but the combined amount of the
fines shall not exceed the amount specified in this clause for that occurrence.

(5) When a fine has been assessed, the license holder may not avoid payment by
closing, selling, or otherwise transferring the licensed program to a third party. In such an
event, the license holder will be personally liable for payment. In the case of a corporation,
each controlling individual is personally and jointly liable for payment.

(d) Except for background study violations involving the failure to comply with an
order to immediately remove an individual or an order to provide continuous, direct
supervision, the commissioner shall not issue a fine under paragraph (c) relating to a
background study violation to a license holder who self-corrects a background study
violation before the commissioner discovers the violation. A license holder who has
previously exercised the provisions of this paragraph to avoid a fine for a background
study violation may not avoid a fine for a subsequent background study violation unless at
least 365 days have passed since the license holder self-corrected the earlier background
study violation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 10.

Minnesota Statutes 2012, section 256B.0625, subdivision 19c, is amended to
read:


Subd. 19c.

Personal care.

Medical assistance covers personal care assistance
services provided by an individual who is qualified to provide the services according to
subdivision 19a and sections 256B.0651 to 256B.0656, provided in accordance with a
plan, and supervised by a qualified professional.

"Qualified professional" means a mental health professional as defined in section
245.462, subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6);
deleted text begin ordeleted text end a registered nurse as defined in sections 148.171 to 148.285, a licensed social worker
as defined in sections 148E.010 and 148E.055, or a qualified deleted text begin developmental disabilities
deleted text end deleted text begin specialist under section 245B.07, subdivision 4deleted text end new text begin designated coordinator under section
245D.081, subdivision 2new text end . The qualified professional shall perform the duties required in
section 256B.0659.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 11.

Minnesota Statutes 2012, section 256B.5011, subdivision 2, is amended to read:


Subd. 2.

Contract provisions.

(a) The service contract with each intermediate
care facility must include provisions for:

(1) modifying payments when significant changes occur in the needs of the
consumers;

(2) appropriate and necessary statistical information required by the commissioner;

(3) annual aggregate facility financial information; and

(4) additional requirements for intermediate care facilities not meeting the standards
set forth in the service contract.

(b) The commissioner of human services and the commissioner of health, in
consultation with representatives from counties, advocacy organizations, and the provider
community, shall review deleted text begin the consolidated standards under chapter 245B anddeleted text end new text begin the home and
community-based services standards under chapter 245D and new text end the supervised living facility
rule under Minnesota Rules, chapter 4665, to determine what provisions in Minnesota
Rules, chapter 4665, may be waived by the commissioner of health for intermediate care
facilities in order to enable facilities to implement the performance measures in their
contract and provide quality services to residents without a duplication of or increase in
regulatory requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 12.

Minnesota Statutes 2012, section 471.59, subdivision 1, is amended to read:


Subdivision 1.

Agreement.

Two or more governmental units, by agreement entered
into through action of their governing bodies, may jointly or cooperatively exercise
any power common to the contracting parties or any similar powers, including those
which are the same except for the territorial limits within which they may be exercised.
The agreement may provide for the exercise of such powers by one or more of the
participating governmental units on behalf of the other participating units. The term
"governmental unit" as used in this section includes every city, county, town, school
district, independent nonprofit firefighting corporation, other political subdivision of
this or another state, another state, federally recognized Indian tribe, the University
of Minnesota, the Minnesota Historical Society, nonprofit hospitals licensed under
sections 144.50 to 144.56, rehabilitation facilities and extended employment providers
that are certified by the commissioner of employment and economic development, deleted text begin day
training and habilitation services licensed under sections 245B.01 to 245B.08,deleted text end new text begin day and
supported employment services licensed under chapter 245D, new text end and any agency of the state
of Minnesota or the United States, and includes any instrumentality of a governmental
unit. For the purpose of this section, an instrumentality of a governmental unit means an
instrumentality having independent policy-making and appropriating authority.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 13.

Minnesota Statutes 2012, section 626.556, subdivision 2, is amended to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care,
and in the case of sexual abuse includes a person who has a significant relationship to the
child as defined in section 609.341, or a person in a position of authority as defined in
section 609.341, who by act or omission commits or attempts to commit an act against a
child under their care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse which includes the status of a parent or household member
who has committed a violation which requires registration as an offender under section
243.166, subdivision 1b, paragraph (a) or (b), or required registration under section
243.166, subdivision 1b, paragraph (a) or (b).

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance, or the
presence of a fetal alcohol spectrum disorder;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include,
but are not limited to, any of the following that are done in anger or without regard to the
safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter deleted text begin 245Bdeleted text end new text begin 245Dnew text end ;

(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

(3) a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent
legal and physical custody of a child to a relative under Minnesota Statutes 2010, section
260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a
similar law of another jurisdiction.

A child is the subject of a report of threatened injury when the responsible social
services agency receives birth match data under paragraph (o) from the Department of
Human Services.

(o) Upon receiving data under section 144.225, subdivision 2b, contained in a
birth record or recognition of parentage identifying a child who is subject to threatened
injury under paragraph (n), the Department of Human Services shall send the data to the
responsible social services agency. The data is known as "birth match" data. Unless the
responsible social services agency has already begun an investigation or assessment of the
report due to the birth of the child or execution of the recognition of parentage and the
parent's previous history with child protection, the agency shall accept the birth match
data as a report under this section. The agency may use either a family assessment or
investigation to determine whether the child is safe. All of the provisions of this section
apply. If the child is determined to be safe, the agency shall consult with the county
attorney to determine the appropriateness of filing a petition alleging the child is in need
of protection or services under section 260C.007, subdivision 6, clause (16), in order to
deliver needed services. If the child is determined not to be safe, the agency and the county
attorney shall take appropriate action as required under section 260C.301, subdivision 3.

(p) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

(q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:

(1) is not likely to occur and could not have been prevented by exercise of due
care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence or event.

(r) "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota
Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
substantiated maltreatment by the individual, the commissioner of human services shall
determine that a nonmaltreatment mistake was made by the individual.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 14.

Minnesota Statutes 2012, section 626.556, subdivision 3, is amended to read:


Subd. 3.

Persons mandated to report.

(a) A person who knows or has reason
to believe a child is being neglected or physically or sexually abused, as defined in
subdivision 2, or has been neglected or physically or sexually abused within the preceding
three years, shall immediately report the information to the local welfare agency, agency
responsible for assessing or investigating the report, police department, or the county
sheriff if the person is:

(1) a professional or professional's delegate who is engaged in the practice of
the healing arts, social services, hospital administration, psychological or psychiatric
treatment, child care, education, correctional supervision, probation and correctional
services, or law enforcement; or

(2) employed as a member of the clergy and received the information while
engaged in ministerial duties, provided that a member of the clergy is not required by
this subdivision to report information that is otherwise privileged under section 595.02,
subdivision 1, paragraph (c).

The police department or the county sheriff, upon receiving a report, shall
immediately notify the local welfare agency or agency responsible for assessing or
investigating the report, orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon receiving a report, shall
immediately notify the local police department or the county sheriff orally and in writing.
The county sheriff and the head of every local welfare agency, agency responsible
for assessing or investigating reports, and police department shall each designate a
person within their agency, department, or office who is responsible for ensuring that
the notification duties of this paragraph and paragraph (b) are carried out. Nothing in
this subdivision shall be construed to require more than one report from any institution,
facility, school, or agency.

(b) Any person may voluntarily report to the local welfare agency, agency responsible
for assessing or investigating the report, police department, or the county sheriff if the
person knows, has reason to believe, or suspects a child is being or has been neglected or
subjected to physical or sexual abuse. The police department or the county sheriff, upon
receiving a report, shall immediately notify the local welfare agency or agency responsible
for assessing or investigating the report, orally and in writing. The local welfare agency or
agency responsible for assessing or investigating the report, upon receiving a report, shall
immediately notify the local police department or the county sheriff orally and in writing.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for
licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or
chapter deleted text begin 245Bdeleted text end new text begin 245Dnew text end ; or a nonlicensed personal care provider organization as defined in
sections 256B.04, subdivision 16; and 256B.0625, subdivision 19. A health or corrections
agency receiving a report may request the local welfare agency to provide assistance
pursuant to subdivisions 10, 10a, and 10b. A board or other entity whose licensees
perform work within a school facility, upon receiving a complaint of alleged maltreatment,
shall provide information about the circumstances of the alleged maltreatment to the
commissioner of education. Section 13.03, subdivision 4, applies to data received by the
commissioner of education from a licensing entity.

(d) Any person mandated to report shall receive a summary of the disposition of
any report made by that reporter, including whether the case has been opened for child
protection or other services, or if a referral has been made to a community organization,
unless release would be detrimental to the best interests of the child. Any person who is
not mandated to report shall, upon request to the local welfare agency, receive a concise
summary of the disposition of any report made by that reporter, unless release would be
detrimental to the best interests of the child.

(e) For purposes of this section, "immediately" means as soon as possible but in
no event longer than 24 hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 15.

Minnesota Statutes 2012, section 626.556, subdivision 10d, is amended to read:


Subd. 10d.

Notification of neglect or abuse in facility.

(a) When a report is
received that alleges neglect, physical abuse, sexual abuse, or maltreatment of a child while
in the care of a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed according to sections
144.50 to 144.58; 241.021; or 245A.01 to 245A.16; or chapter deleted text begin 245Bdeleted text end new text begin 245Dnew text end , or a school as
defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
personal care provider organization as defined in section 256B.04, subdivision 16, and
256B.0625, subdivision 19a, the commissioner of the agency responsible for assessing
or investigating the report or local welfare agency investigating the report shall provide
the following information to the parent, guardian, or legal custodian of a child alleged to
have been neglected, physically abused, sexually abused, or the victim of maltreatment
of a child in the facility: the name of the facility; the fact that a report alleging neglect,
physical abuse, sexual abuse, or maltreatment of a child in the facility has been received;
the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child
in the facility; that the agency is conducting an assessment or investigation; any protective
or corrective measures being taken pending the outcome of the investigation; and that a
written memorandum will be provided when the investigation is completed.

(b) The commissioner of the agency responsible for assessing or investigating the
report or local welfare agency may also provide the information in paragraph (a) to the
parent, guardian, or legal custodian of any other child in the facility if the investigative
agency knows or has reason to believe the alleged neglect, physical abuse, sexual
abuse, or maltreatment of a child in the facility has occurred. In determining whether
to exercise this authority, the commissioner of the agency responsible for assessing
or investigating the report or local welfare agency shall consider the seriousness of the
alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the
number of children allegedly neglected, physically abused, sexually abused, or victims of
maltreatment of a child in the facility; the number of alleged perpetrators; and the length
of the investigation. The facility shall be notified whenever this discretion is exercised.

(c) When the commissioner of the agency responsible for assessing or investigating
the report or local welfare agency has completed its investigation, every parent, guardian,
or legal custodian previously notified of the investigation by the commissioner or
local welfare agency shall be provided with the following information in a written
memorandum: the name of the facility investigated; the nature of the alleged neglect,
physical abuse, sexual abuse, or maltreatment of a child in the facility; the investigator's
name; a summary of the investigation findings; a statement whether maltreatment was
found; and the protective or corrective measures that are being or will be taken. The
memorandum shall be written in a manner that protects the identity of the reporter and
the child and shall not contain the name, or to the extent possible, reveal the identity of
the alleged perpetrator or of those interviewed during the investigation. If maltreatment
is determined to exist, the commissioner or local welfare agency shall also provide the
written memorandum to the parent, guardian, or legal custodian of each child in the facility
who had contact with the individual responsible for the maltreatment. When the facility is
the responsible party for maltreatment, the commissioner or local welfare agency shall also
provide the written memorandum to the parent, guardian, or legal custodian of each child
who received services in the population of the facility where the maltreatment occurred.
This notification must be provided to the parent, guardian, or legal custodian of each child
receiving services from the time the maltreatment occurred until either the individual
responsible for maltreatment is no longer in contact with a child or children in the facility
or the conclusion of the investigation. In the case of maltreatment within a school facility,
as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10, the commissioner
of education need not provide notification to parents, guardians, or legal custodians of
each child in the facility, but shall, within ten days after the investigation is completed,
provide written notification to the parent, guardian, or legal custodian of any student
alleged to have been maltreated. The commissioner of education may notify the parent,
guardian, or legal custodian of any student involved as a witness to alleged maltreatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
 new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 256B.49, subdivision 16a, new text end new text begin is repealed effective
January 1, 2014.
 new text end

ARTICLE 11

MISCELLANEOUS

Section 1.

Minnesota Statutes 2012, section 246.54, is amended to read:


246.54 LIABILITY OF COUNTY; REIMBURSEMENT.

Subdivision 1.

County portion for cost of care.

(a) Except for chemical
dependency services provided under sections 254B.01 to 254B.09, the client's county
shall pay to the state of Minnesota a portion of the cost of care provided in a regional
treatment center or a state nursing facility to a client legally settled in that county. A
county's payment shall be made from the county's own sources of revenue and payments
shall equal a percentage of the cost of care, as determined by the commissioner, for each
day, or the portion thereof, that the client spends at a regional treatment center or a state
nursing facility according to the following schedule:

(1) zero percent for the first 30 days;

(2) 20 percent for days 31 to 60; and

(3) deleted text begin 50deleted text end new text begin 75new text end percent for any days over 60.

(b) The increase in the county portion for cost of care under paragraph (a), clause
(3), shall be imposed when the treatment facility has determined that it is clinically
appropriate for the client to be discharged.

(c) If payments received by the state under sections 246.50 to 246.53 exceed 80
percent of the cost of care for days 31 to 60, or deleted text begin 50deleted text end new text begin 25new text end percent for days over 60, the county
shall be responsible for paying the state only the remaining amount. The county shall
not be entitled to reimbursement from the client, the client's estate, or from the client's
relatives, except as provided in section 246.53.

Subd. 2.

Exceptions.

(a) Subdivision 1 does not apply to services provided at the
Minnesota Security Hospital deleted text begin or the Minnesota extended treatment options programdeleted text end . For
services at deleted text begin these facilitiesdeleted text end new text begin the Minnesota Security Hospitalnew text end , a county's payment shall be
made from the county's own sources of revenue and payments deleted text begin shall be paid as follows:deleted text end new text begin .
Excluding the state-operated forensic transition service,new text end payments to the state from the
county shall equal ten percent of the cost of care, as determined by the commissioner, for
each day, or the portion thereof, that the client spends at the facility. new text begin For the state-operated
forensic transition service, payments to the state from the county shall equal 50 percent of
the cost of care, as determined by the commissioner, for each day, or the portion thereof,
that the client spends in the program. new text end If payments received by the state under sections
246.50 to 246.53 new text begin for services provided at the Minnesota Security Hospital, excluding the
state-operated forensic transition service, new text end exceed 90 percent of the cost of care, the county
shall be responsible for paying the state only the remaining amount. new text begin If payments received
by the state under sections 246.50 to 246.53 for the state-operated forensic transition service
exceed 50 percent of the cost of care, the county shall be responsible for paying the state
only the remaining amount. new text end The county shall not be entitled to reimbursement from the
client, the client's estate, or from the client's relatives, except as provided in section 246.53.

(b) Regardless of the facility to which the client is committed, subdivision 1 does
not apply to the following individuals:

deleted text begin (1) clients who are committed as mentally ill and dangerous under section 253B.02,
subdivision 17;
 deleted text end

deleted text begin (2)deleted text end new text begin (1)new text end clients who are committed as sexual psychopathic personalities under section
253B.02, subdivision 18b; and

deleted text begin (3)deleted text end new text begin (2)new text end clients who are committed as sexually dangerous persons under section
253B.02, subdivision 18c.

deleted text begin For each of the individuals in clauses (1) to (3), the payment by the county to the state
shall equal ten percent of the cost of care for each day as determined by the commissioner.
 deleted text end

Sec. 2.

Minnesota Statutes 2012, section 402A.10, is amended to read:


402A.10 DEFINITIONS.

Subdivision 1.

Terms defined.

For the purposes of this chapter, the terms defined
in this section have the meanings given.

new text begin Subd. 1a. new text end

new text begin Balanced set of program measures. new text end

new text begin A "balanced set of program
measures" is a set of measures that, together, adequately quantify achievement toward a
particular program's outcome. As directed by section 402A.16, the Human Services
Performance Council must recommend to the commissioner when a particular program
has a balanced set of program measures.
 new text end

Subd. 2.

Commissioner.

"Commissioner" means the commissioner of human
services.

Subd. 3.

Council.

"Council" means the State-County Results, Accountability, and
Service Delivery Redesign Council established in section 402A.20.

Subd. 4.

Essential human services or essential services.

"Essential human
services" or "essential services" means assistance and services to recipients or potential
recipients of public welfare and other services delivered by counties or tribes that are
mandated in federal and state law that are to be available in all counties of the state.

new text begin Subd. 4a. new text end

new text begin Essential human services program. new text end

new text begin An "essential human services
program" for the purposes of remedies under section 402A.18 means the following
programs:
 new text end

new text begin (1) child welfare, including protection, truancy, minor parent, guardianship, and
adoption;
 new text end

new text begin (2) children's mental health;
 new text end

new text begin (3) children's disability services;
 new text end

new text begin (4) public assistance eligibility, including measures related to processing timelines
across information services programs;
 new text end

new text begin (5) MFIP;
 new text end

new text begin (6) child support;
 new text end

new text begin (7) chemical dependency;
 new text end

new text begin (8) adult disability;
 new text end

new text begin (9) adult mental health;
 new text end

new text begin (10) adult services such as long-term care; and
 new text end

new text begin (11) adult protection.
 new text end

new text begin Subd. 4b. new text end

new text begin Measure. new text end

new text begin A "measure" means a quantitative indicator of a performance
outcome.
 new text end

new text begin Subd. 4c. new text end

new text begin Performance improvement plan. new text end

new text begin A "performance improvement plan"
means a plan developed by a county or service delivery authority that describes steps the
county or service delivery authority must take to improve performance on a specific
measure or set of measures. The performance improvement plan must be negotiated
with and approved by the commissioner. The performance improvement plan must
require a specific numerical improvement in the measure or measures on which the plan
is based and may include specific programmatic best practices or specific performance
management practices that the county must implement.
 new text end

new text begin Subd. 4d. new text end

new text begin Performance management system for human services. new text end

new text begin A "performance
management system for human services" means a process by which performance data for
essential human services is collected from counties or service delivery authorities and used
to inform a variety of stakeholders and to improve performance over time.
 new text end

Subd. 5.

Service delivery authority.

"Service delivery authority" means a single
county, or consortium of counties operating by execution of a joint powers agreement
under section 471.59 or other contractual agreement, that has voluntarily chosen by
resolution of the county board of commissioners to participate in the redesign under this
chapter or has been assigned by the commissioner pursuant to section 402A.18. A service
delivery authority includes an Indian tribe or group of tribes that have voluntarily chosen
by resolution of tribal government to participate in redesign under this chapter.

Subd. 6.

Steering committee.

"Steering committee" means the Steering Committee
on Performance and Outcome Reforms.

Sec. 3.

new text begin [402A.12] ESTABLISHMENT OF A PERFORMANCE MANAGEMENT
SYSTEM FOR HUMAN SERVICES.
 new text end

new text begin By January 1, 2014, the commissioner shall implement a performance management
system for essential human services as described in sections 402A.15 to 402A.18 that
includes initial performance measures and standards consistent with the recommendations
of the Steering Committee on Performance and Outcome Reforms in the December 2012
report to the legislature.
 new text end

Sec. 4.

new text begin [402A.16] HUMAN SERVICES PERFORMANCE COUNCIL.
 new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin By October 1, 2013, the commissioner shall convene
a Human Services Performance Council to advise the commissioner on the implementation
and operation of the performance management system for human services.
 new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The Human Services Performance Council shall:
 new text end

new text begin (1) hold meetings at least quarterly that are in compliance with Minnesota's Open
Meeting Law under chapter 13D;
 new text end

new text begin (2) annually review the annual performance data submitted by counties or service
delivery authorities;
 new text end

new text begin (3) review and advise the commissioner on department procedures related to the
implementation of the performance management system and system process requirements
and on barriers to process improvement in human services delivery;
 new text end

new text begin (4) advise the commissioner on the training and technical assistance needs of county
or service delivery authority and department personnel;
 new text end

new text begin (5) review instances in which a county or service delivery authority has not made
adequate progress on a performance improvement plan and make recommendations to
the commissioner under section 402A.18;
 new text end

new text begin (6) consider appeals from counties or service delivery authorities that are in the
remedies process and make recommendations to the commissioner on resolving the issue;
 new text end

new text begin (7) convene working groups to update and develop outcomes, measures, and
performance standards for the performance management system and, on an annual basis,
present these recommendations to the commissioner, including recommendations on when
a particular essential human service program has a balanced set of program measures
in place;
 new text end

new text begin (8) make recommendations on human services administrative rules or statutes that
could be repealed in order to improve service delivery;
 new text end

new text begin (9) provide information to stakeholders on the council's role and regularly collect
stakeholder input on performance management system performance; and
 new text end

new text begin (10) submit an annual report to the legislature and the commissioner, which
includes a comprehensive report on the performance of individual counties or service
delivery authorities as it relates to system measures; a list of counties or service delivery
authorities that have been required to create performance improvement plans and the areas
identified for improvement as part of the remedies process; a summary of performance
improvement training and technical assistance activities offered to the county personnel
by the department; recommendations on administrative rules or state statutes that could be
repealed in order to improve service delivery; recommendations for system improvements,
including updates to system outcomes, measures and standards; and a response from
the commissioner.
 new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) Human Services Performance Council membership shall
be equally balanced among the following five stakeholder groups: the Association of
Minnesota Counties, the Minnesota Association of County Social Service Administrators,
the Department of Human Services, tribes and communities of color, and service providers
and advocates for persons receiving human services. The Association of Minnesota
Counties and the Minnesota Association of County Social Service Administrators shall
appoint their own respective representatives. The commissioner of human services shall
appoint representatives of the Department of Human Services, tribes and communities of
color, and social services providers and advocates. Minimum council membership shall
be 15 members, with at least three representatives from each stakeholder group, and
maximum council membership shall be 20 members, with four representatives from
each stakeholder group.
 new text end

new text begin (b) Notwithstanding section 15.059, Human Services Performance Council members
shall be appointed for a minimum of two years, but may serve longer terms at the
discretion of their appointing authority.
 new text end

new text begin (c) Notwithstanding section 15.059, members of the council shall receive no
compensation for their services.
 new text end

new text begin (d) A commissioner's representative and a county representative from either the
Association of Minnesota Counties or the Minnesota Association of County Social Service
Administrators shall serve as Human Services Performance Council cochairs.
 new text end

new text begin Subd. 4. new text end

new text begin Commissioner duties. new text end

new text begin The commissioner shall:
 new text end

new text begin (1) implement and maintain the performance management system for human services;
 new text end

new text begin (2) establish and regularly update the system's outcomes, measures, and standards,
including the minimum performance standard for each performance measure;
 new text end

new text begin (3) determine when a particular program has a balanced set of measures;
 new text end

new text begin (4) receive reports from counties or service delivery authorities at least annually on
their performance against system measures, provide counties with data needed to assess
performance and monitor progress, and provide timely feedback to counties or service
delivery authorities on their performance;
 new text end

new text begin (5) implement and monitor the remedies process in section 402A.18;
 new text end

new text begin (6) report to the Human Services Performance Council on county or service delivery
authority performance on a semiannual basis;
 new text end

new text begin (7) provide general training and technical assistance to counties or service delivery
authorities on topics related to performance measurement and performance improvement;
 new text end

new text begin (8) provide targeted training and technical assistance to counties or service delivery
authorities that supports their performance improvement plans; and
 new text end

new text begin (9) provide staff support for the Human Services Performance Council.
 new text end

new text begin Subd. 5. new text end

new text begin County or service delivery authority duties. new text end

new text begin The counties or service
delivery authorities shall:
 new text end

new text begin (1) report performance data to meet performance management system requirements;
and
 new text end

new text begin (2) provide training to personnel on basic principles of performance measurement
and improvement and participate in training provided by the department.
 new text end

Sec. 5.

Minnesota Statutes 2012, section 402A.18, is amended to read:


402A.18 COMMISSIONER POWER TO REMEDY FAILURE TO MEET
PERFORMANCE OUTCOMES.

Subdivision 1.

Underperforming county; specific service.

If the commissioner
determines that a county or service delivery authority is deficient in achieving minimum
performance deleted text begin outcomesdeleted text end new text begin standardsnew text end for a specific essential deleted text begin servicedeleted text end new text begin human services programnew text end ,
the commissioner may impose the following remedies and adjust state and federal
program allocations accordingly:

(1) voluntary incorporation of the administration and operation of the specific
essential deleted text begin servicedeleted text end new text begin human services programnew text end with an existing service delivery authority or
another county. A service delivery authority or county incorporating an underperforming
county shall not be financially liable for the costs associated with remedying performance
outcome deficiencies;

(2) mandatory incorporation of the administration and operation of the specific
essential deleted text begin servicedeleted text end new text begin human services programnew text end with an existing service delivery authority or
another county. A service delivery authority or county incorporating an underperforming
county shall not be financially liable for the costs associated with remedying performance
outcome deficiencies; or

(3) transfer of authority for program administration and operation of the specific
essential deleted text begin servicedeleted text end new text begin human services programnew text end to the commissioner.

Subd. 2.

Underperforming county; more than one-half of services.

If the
commissioner determines that a county or service delivery authority is deficient in
achieving minimum performance deleted text begin outcomesdeleted text end new text begin standardsnew text end for more than one-half of the defined
essential new text begin human new text end servicesnew text begin programsnew text end , the commissioner may impose the following remedies:

(1) voluntary incorporation of the administration and operation of essential new text begin human
new text end services new text begin programs new text end with an existing service delivery authority or another county. A
service delivery authority or county incorporating an underperforming county shall
not be financially liable for the costs associated with remedying performance outcome
deficiencies;

(2) mandatory incorporation of the administration and operation of essential new text begin human
new text end services new text begin programs new text end with an existing service delivery authority or another county. A
service delivery authority or county incorporating an underperforming county shall
not be financially liable for the costs associated with remedying performance outcome
deficiencies; or

(3) transfer of authority for deleted text begin programdeleted text end administration and operation of essential new text begin human
new text end services new text begin programs new text end to the commissioner.

Subd. 2a.

Financial responsibility of underperforming county.

A county subject
to remedies under subdivision 1 or 2 shall provide to the entity assuming administration
of the deleted text begin essential service ordeleted text end essential new text begin human new text end services new text begin program or programs new text end the amount of
nonfederal and nonstate funding needed to remedy performance outcome deficiencies.

Subd. 3.

Conditions prior to imposing remedies.

deleted text begin Before the commissioner may
impose the remedies authorized under this section, the following conditions must be met:
 deleted text end

deleted text begin (1) the county or service delivery authority determined by the commissioner
to be deficient in achieving minimum performance outcomes has the opportunity, in
coordination with the council, to develop a program outcome improvement plan. The
program outcome improvement plan must be developed no later than six months from the
date of the deficiency determination; and
 deleted text end

deleted text begin (2) the council has conducted an assessment of the program outcome improvement
plan to determine if the county or service delivery authority has made satisfactory progress
toward performance outcomes and has made a recommendation about remedies to the
commissioner. The assessment and recommendation must be made to the commissioner
within 12 months from the date of the deficiency determination. deleted text end new text begin (a) The commissioner
shall notify a county or service delivery authority that it must submit a performance
improvement plan if:
 new text end

new text begin (1) the county or service delivery authority does not meet the minimum performance
standard for a measure; or
 new text end

new text begin (2) the county or service delivery authority does not meet the minimum performance
standard for one or more racial or ethnic subgroup for which there is a statistically valid
population size for three or more measures, even if the county or service delivery authority
met the standard for the overall population.
 new text end

new text begin The commissioner must approve the performance improvement plan. The county or
service delivery authority may negotiate the terms of the performance improvement plan
with the commissioner.
 new text end

new text begin (b) When the department determines that a county or service delivery authority does
not meet the minimum performance standard for a given measure, the commissioner
must advise the county or service delivery authority that fiscal penalties may result if the
performance does not improve. The department must offer technical assistance to the
county or service delivery authority. Within 30 days of the initial advisement from the
department, the county or service delivery authority may claim and the department may
approve an extenuating circumstance that relieves the county or service delivery authority
of any further remedy. If a county or service delivery authority has a small number of
participants in an essential human services program such that reliable measurement is
not possible, the commissioner may approve extenuating circumstances or may average
performance over three years.
 new text end

new text begin (c) If there are no extenuating circumstances, the county or service delivery authority
must submit a performance improvement plan to the commissioner within 60 days of the
initial advisement from the department. The term of the performance improvement plan
must be two years, starting with the date the plan is approved by the commissioner. This
plan must include a target level for improvement for each measure that did not meet
the minimum performance standard. The commissioner must approve the performance
improvement plan within 60 days of submittal.
 new text end

new text begin (d) The department must monitor the performance improvement plan for two
years. After two years, if the county or service delivery authority meets the minimum
performance standard, there is no further remedy. If the county or service delivery
authority fails to meet the minimum performance standard, but meets the improvement
target in the performance improvement plan, the county or service delivery authority shall
modify the performance improvement plan for further improvement and the department
shall continue to monitor the plan.
 new text end

new text begin (e) If, after two years of monitoring, the county or service delivery authority fails to
meet both the minimum performance standard and the improvement target identified in
the performance improvement plan, the next step of the remedies process shall be invoked
by the commissioner. This phase of the remedies process may include:
 new text end

new text begin (1) fiscal penalties for the county or service delivery authority that do not exceed
one percent of the county's human services expenditures and that are negotiated in the
performance improvement plan, based on what is needed to improve outcomes. Counties
or service delivery authorities must reinvest the amount of the fiscal penalty into the
essential human services program that was underperforming. A county or service delivery
authority shall not be required to pay more than three fiscal penalties in a year; and
 new text end

new text begin (2) the department's provision of technical assistance to the county or service
delivery authority that is targeted to address the specific performance issues.
 new text end

new text begin The commissioner shall continue monitoring the performance improvement plan for a
third year.
 new text end

new text begin (f) If, after the third year of monitoring, the county or service delivery authority
meets the minimum performance standard, there is no further remedy. If the county or
service delivery authority fails to meet the minimum performance standard, but meets the
improvement target for the performance improvement plan, the county or service delivery
authority shall modify the performance improvement plan for further improvement and
the department shall continue to monitor the plan.
 new text end

new text begin (g) If, after the third year of monitoring, the county or service delivery authority fails
to meet the minimum performance standard and the improvement target identified in the
performance improvement plan, the Human Services Performance Council shall review
the situation and recommend a course of action to the commissioner.
 new text end

new text begin (h) If the commissioner has determined that a program has a balanced set of program
measures and a county or service delivery authority is subject to fiscal penalties for more
than one-half of the measures for that program, the commissioner may apply further
remedies as described in subdivisions 1 and 2.
 new text end

Sec. 6.

Laws 1998, chapter 407, article 6, section 116, is amended to read:


Sec. 116. EBT TRANSACTION COSTSdeleted text begin ; APPROVAL FROM LEGISLATUREdeleted text end .

The commissioner of human services shall deleted text begin request and receive approval from the
legislature before adjusting the payment todeleted text end new text begin not subsidizenew text end retailers for electronic benefit
transfer deleted text begin transaction costsdeleted text end new text begin Supplemental Nutrition Assistance Program transactionsnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days after the commissioner
notifies retailers of the termination of their agreement with the state. The commissioner of
human services must notify the revisor of statutes of that date.
 new text end

ARTICLE 12

HOME CARE PROVIDERS

Section 1.

Minnesota Statutes 2012, section 144.051, is amended by adding a
subdivision to read:


new text begin Subd. 3. new text end

new text begin Data classification; private data. new text end

new text begin The following data collected, created,
or maintained by the commissioner are classified as "private data" as defined in section
13.02, subdivision 12:
 new text end

new text begin (1) data submitted by or on behalf of applicants for licenses prior to issuance of
the license;
 new text end

new text begin (2) the identity of complainants who have made reports concerning licensees or
applicants unless the complainant consents to the disclosure;
 new text end

new text begin (3) the identity of individuals who provide information as part of surveys and
investigations;
 new text end

new text begin (4) Social Security numbers; and
 new text end

new text begin (5) health record data.
 new text end

Sec. 2.

Minnesota Statutes 2012, section 144.051, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Data classification; public data. new text end

new text begin The following data collected, created,
or maintained by the commissioner are classified as "public data" as defined in section
13.02, subdivision 15:
 new text end

new text begin (1) all application data on licensees, license numbers, license status;
 new text end

new text begin (2) licensing information about licenses previously held under this chapter;
 new text end

new text begin (3) correction orders, including information about compliance with the order and
whether the fine was paid;
 new text end

new text begin (4) final enforcement actions pursuant to chapter 14;
 new text end

new text begin (5) orders for hearing, findings of fact and conclusions of law; and
 new text end

new text begin (6) when the licensee and department agree to resolve the matter without a hearing,
the agreement and specific reasons for the agreement are public data.
 new text end

Sec. 3.

Minnesota Statutes 2012, section 144.051, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Data classification; confidential data. new text end

new text begin The following data collected,
created, or maintained by the Department of Health are classified as "confidential data"
as defined in section 13.02, subdivision 3: active investigative data relating to the
investigation of potential violations of law by licensee including data from the survey
process before the correction order is issued by the department.
 new text end

Sec. 4.

Minnesota Statutes 2012, section 144.051, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Release of private or confidential data. new text end

new text begin The department may release
private or confidential data, except Social Security numbers, to the appropriate state,
federal, or local agency and law enforcement office to enhance investigative or
enforcement efforts or further public health protective process. Types of offices include,
but are not limited to, Adult Protective Services, Office of the Ombudsmen for Long-Term
Care and Office of the Ombudsmen for Mental Health and Developmental Disabilities, the
health licensing boards, Department of Human Services, county or city attorney's offices,
police, and local or county public health offices.
 new text end

Sec. 5.

Minnesota Statutes 2012, section 144A.43, is amended to read:


144A.43 DEFINITIONS.

Subdivision 1.

Applicability.

The definitions in this section apply to sections
144.699, subdivision 2, and 144A.43 to deleted text begin 144A.47deleted text end new text begin 144A.482new text end .

new text begin Subd. 1a. new text end

new text begin Agent. new text end

new text begin "Agent" means the person upon whom all notices and orders shall
be served and who is authorized to accept service of notices and orders on behalf of
the home care provider.
 new text end

new text begin Subd. 1b. new text end

new text begin Applicant. new text end

new text begin "Applicant" means an individual, organization, association,
corporation, unit of government, or other entity that applies for a temporary license,
license, or renewal of their home care provider license under section 144A.472.
 new text end

new text begin Subd. 1c. new text end

new text begin Client. new text end

new text begin "Client" means a person to whom home care services are provided.
 new text end

new text begin Subd. 1d. new text end

new text begin Client record. new text end

new text begin "Client record" means all records that document
information about the home care services provided to the client by the home care provider.
 new text end

new text begin Subd. 1e. new text end

new text begin Client representative. new text end

new text begin "Client representative" means a person who,
because of the client's needs, makes decisions about the client's care on behalf of the
client. A client representative may be a guardian, health care agent, family member, or
other agent of the client. Nothing in this section expands or diminishes the rights of
persons to act on behalf of clients under other law.
 new text end

Subd. 2.

Commissioner.

"Commissioner" means the commissioner of health.

new text begin Subd. 2a. new text end

new text begin Controlled substance. new text end

new text begin "Controlled substance" has the meaning given
in section 152.01, subdivision 4.
 new text end

new text begin Subd. 2b. new text end

new text begin Department. new text end

new text begin "Department" means the Minnesota Department of Health.
 new text end

new text begin Subd. 2c. new text end

new text begin Dietary supplement. new text end

new text begin "Dietary supplement" means a product taken by
mouth that contains a "dietary ingredient" intended to supplement the diet. Dietary
ingredients may include vitamins, minerals, herbs or other botanicals, amino acids, and
substances such as enzymes, organ tissue, glandulars, or metabolites.
 new text end

new text begin Subd. 2d. new text end

new text begin Dietician. new text end

new text begin "Dietitian" is a person licensed under sections 148.621 to
148.633.
 new text end

new text begin Subd. 2e. new text end

new text begin Dietetics or nutrition practice. new text end

new text begin "Dietetics or nutrition practice" is
performed by a licensed dietician or licensed nutritionist and includes the activities of
assessment, setting priorities and objectives, providing nutrition counseling, developing
and implementing nutrition care services, and evaluating and maintaining appropriate
standards of quality of nutrition care under sections 148.621 to 148.633.
 new text end

Subd. 3.

Home care service.

"Home care service" means any of the following
services deleted text begin whendeleted text end delivered in deleted text begin a place of residence todeleted text end new text begin the home of new text end a person whose illness,
disability, or physical condition creates a need for the service:

deleted text begin (1) nursing services, including the services of a home health aide;
 deleted text end

deleted text begin (2) personal care services not included under sections 148.171 to 148.285;
deleted text end

deleted text begin (3) physical therapy;
 deleted text end

deleted text begin (4) speech therapy;
 deleted text end

deleted text begin (5) respiratory therapy;
 deleted text end

deleted text begin (6) occupational therapy;
 deleted text end

deleted text begin (7) nutritional services;
 deleted text end

deleted text begin (8) home management services when provided to a person who is unable to perform
these activities due to illness, disability, or physical condition. Home management
services include at least two of the following services: housekeeping, meal preparation,
and shopping;
 deleted text end

deleted text begin (9) medical social services;
 deleted text end

deleted text begin (10) the provision of medical supplies and equipment when accompanied by the
provision of a home care service; and
 deleted text end

deleted text begin (11) other similar medical services and health-related support services identified by
the commissioner in rule.
 deleted text end

deleted text begin "Home care service" does not include the following activities conducted by the
commissioner of health or a board of health as defined in section 145A.02, subdivision 2:
communicable disease investigations or testing; administering or monitoring a prescribed
therapy necessary to control or prevent a communicable disease; or the monitoring
of an individual's compliance with a health directive as defined in section 144.4172,
subdivision 6.
deleted text end

new text begin (1) assistive tasks provided by unlicensed personnel;
 new text end

new text begin (2) services provided by a registered nurse or licensed practical nurse, physical
therapist, respiratory therapist, occupational therapist, speech-language pathologist,
dietitian or nutritionist, or social worker;
 new text end

new text begin (3) medication and treatment management services; or
 new text end

new text begin (4) the provision of durable medical equipment services when provided with any of
the home care services listed in clauses (1) to (3).
 new text end

new text begin Subd. 3a. new text end

new text begin Hands-on-assistance. new text end

new text begin "Hands-on-assistance" means physical help by
another person without which the client is not able to perform the activity.
 new text end

new text begin Subd. 3b. new text end

new text begin Home. new text end

new text begin "Home" means the client's temporary or permanent place of
residence.
 new text end

Subd. 4.

Home care provider.

"Home care provider" means an individual,
organization, association, corporation, unit of government, or other entity that is regularly
engaged in the deliverynew text begin of at least one home care servicenew text end , directly deleted text begin or by contractual
arrangement, of home care servicesdeleted text end new text begin in a client's homenew text end for a feenew text begin and who has a valid current
temporary license or license issued under sections 144A.43 to 144A.482new text end . deleted text begin At least one
home care service must be provided directly, although additional home care services may
be provided by contractual arrangements. "Home care provider" does not include:
deleted text end

deleted text begin (1) any home care or nursing services conducted by and for the adherents of any
recognized church or religious denomination for the purpose of providing care and
services for those who depend upon spiritual means, through prayer alone, for healing;
 deleted text end

deleted text begin (2) an individual who only provides services to a relative;
 deleted text end

deleted text begin (3) an individual not connected with a home care provider who provides assistance
with home management services or personal care needs if the assistance is provided
primarily as a contribution and not as a business;
 deleted text end

deleted text begin (4) an individual not connected with a home care provider who shares housing with
and provides primarily housekeeping or homemaking services to an elderly or disabled
person in return for free or reduced-cost housing;
 deleted text end

deleted text begin (5) an individual or agency providing home-delivered meal services;
 deleted text end

deleted text begin (6) an agency providing senior companion services and other older American
volunteer programs established under the Domestic Volunteer Service Act of 1973,
Public Law 98-288;
 deleted text end

deleted text begin (7) an employee of a nursing home licensed under this chapter or an employee of a
boarding care home licensed under sections 144.50 to 144.56 who responds to occasional
emergency calls from individuals residing in a residential setting that is attached to or
located on property contiguous to the nursing home or boarding care home;
deleted text end

deleted text begin (8) a member of a professional corporation organized under chapter 319B that does
not regularly offer or provide home care services as defined in subdivision 3;
 deleted text end

deleted text begin (9) the following organizations established to provide medical or surgical services
that do not regularly offer or provide home care services as defined in subdivision 3:
a business trust organized under sections 318.01 to 318.04, a nonprofit corporation
organized under chapter 317A, a partnership organized under chapter 323, or any other
entity determined by the commissioner;
deleted text end

deleted text begin (10) an individual or agency that provides medical supplies or durable medical
equipment, except when the provision of supplies or equipment is accompanied by a
home care service;
 deleted text end

deleted text begin (11) an individual licensed under chapter 147; or
 deleted text end

deleted text begin (12) an individual who provides home care services to a person with a developmental
disability who lives in a place of residence with a family, foster family, or primary caregiver.
 deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Medication reminder. deleted text end

deleted text begin "Medication reminder" means providing a verbal
or visual reminder to a client to take medication. This includes bringing the medication
to the client and providing liquids or nutrition to accompany medication that a client is
self-administering.
 deleted text end

new text begin Subd. 6. new text end

new text begin License. new text end

new text begin "License" means a basic or comprehensive home care license
issued by the commissioner to a home care provider.
 new text end

new text begin Subd. 7. new text end

new text begin Licensed health professional. new text end

new text begin "Licensed health professional" means a
person, other than a registered nurse or licensed practical nurse, who provides home care
services within the scope of practice of the person's health occupation license, registration,
or certification as regulated and who is licensed by the appropriate Minnesota state board
or agency.
 new text end

new text begin Subd. 8. new text end

new text begin Licensee. new text end

new text begin "Licensee" means a home care provider that is licensed under
this chapter.
 new text end

new text begin Subd. 9. new text end

new text begin Managerial official. new text end

new text begin "Managerial official" means an administrator,
director, officer, trustee, or employee of a home care provider, however designated, who
has the authority to establish or control business policy.
 new text end

new text begin Subd. 10. new text end

new text begin Medication. new text end

new text begin "Medication" means a prescription or over-the-counter drug.
For purposes of this chapter only, medication includes dietary supplements.
 new text end

new text begin Subd. 11. new text end

new text begin Medication administration. new text end

new text begin "Medication administration" means
performing a set of tasks to ensure a client takes medications, and includes the following:
 new text end

new text begin (1) checking the client's medication record;
 new text end

new text begin (2) preparing the medication as necessary;
 new text end

new text begin (3) administering the medication to the client;
 new text end

new text begin (4) documenting the administration or reason for not administering the medication;
and
 new text end

new text begin (5) reporting to a nurse any concerns about the medication, the client, or the client's
refusal to take the medication.
 new text end

new text begin Subd. 12. new text end

new text begin Medication management. new text end

new text begin "Medication management" means the
provision of any of the following medication-related services to a client:
 new text end

new text begin (1) performing medication setup;
 new text end

new text begin (2) administering medication;
 new text end

new text begin (3) storing and securing medications;
 new text end

new text begin (4) documenting medication activities;
 new text end

new text begin (5) verifying and monitoring effectiveness of systems to ensure safe handling and
administration;
 new text end

new text begin (6) coordinating refills;
 new text end

new text begin (7) handling and implementing changes to prescriptions;
 new text end

new text begin (8) communicating with the pharmacy about the client's medications; and
 new text end

new text begin (9) coordinating and communicating with the prescriber.
 new text end

new text begin Subd. 13. new text end

new text begin Medication setup. new text end

new text begin "Medication setup" means arranging medications by a
nurse, pharmacy, or authorized prescriber for later administration by the client or by
comprehensive home care staff.
 new text end

new text begin Subd. 14. new text end

new text begin Nurse. new text end

new text begin "Nurse" means a person who is licensed under sections 148.171 to
148.285.
 new text end

new text begin Subd. 15. new text end

new text begin Occupational therapist. new text end

new text begin "Occupational therapist" means a person who is
licensed under sections 148.6401 to 148.6450.
 new text end

new text begin Subd. 16. new text end

new text begin Over-the-counter drug. new text end

new text begin "Over-the-counter drug" means a drug that is
not required by federal law to bear the symbol "Rx only."
 new text end

new text begin Subd. 17. new text end

new text begin Owner. new text end

new text begin "Owner" means a proprietor, general partner, limited partner who
has five percent or more of equity interest in a limited partnership, a person who owns or
controls voting stock in a corporation in an amount equal to or greater than five percent of
the shares issued and outstanding, or a corporation that owns equity interest in a licensee
or applicant for a license.
 new text end

new text begin Subd. 18. new text end

new text begin Pharmacist. new text end

new text begin "Pharmacist" has the meaning given in section 151.01,
subdivision 3.
 new text end

new text begin Subd. 19. new text end

new text begin Physical therapist. new text end

new text begin "Physical therapist" means a person who is licensed
under sections 148.65 to 148.78.
 new text end

new text begin Subd. 20. new text end

new text begin Physician. new text end

new text begin "Physician" means a person who is licensed under chapter 147.
 new text end

new text begin Subd. 21. new text end

new text begin Prescriber. new text end

new text begin "Prescriber" means a person who is authorized by sections
148.235; 151.01, subdivision 23; and 151.37, to prescribe prescription drugs.
 new text end

new text begin Subd. 22. new text end

new text begin Prescription. new text end

new text begin "Prescription" has the meaning given in section 151.01,
subdivision 16.
 new text end

new text begin Subd. 23. new text end

new text begin Regularly scheduled. new text end

new text begin "Regularly scheduled" means ordered or planned
to be completed at predetermined times or according to a predetermined routine.
 new text end

new text begin Subd. 24. new text end

new text begin Reminder. new text end

new text begin "Reminder" means providing a verbal or visual reminder
to a client.
 new text end

new text begin Subd. 25. new text end

new text begin Respiratory therapist. new text end

new text begin "Respiratory therapist" means a person who
is licensed under chapter 147C.
 new text end

new text begin Subd. 26. new text end

new text begin Revenues. new text end

new text begin "Revenues" means all money or the value of property or
services received by a registrant and derived from the provision of home care services,
including fees for services, grants, bequests, gifts, donations, appropriations of public
money, and earned interest or dividends.
 new text end

new text begin Subd. 27. new text end

new text begin Service plan. new text end

new text begin "Service plan" means the written plan between the client or
client's representative and the temporary licensee or licensee about the services that will
be provided to the client.
 new text end

new text begin Subd. 28. new text end

new text begin Social worker. new text end

new text begin "Social worker" means a person who is licensed under
chapter 148D or 148E.
 new text end

new text begin Subd. 29. new text end

new text begin Speech language pathologist. new text end

new text begin "Speech language pathologist" has the
meaning given in section 148.512.
 new text end

new text begin Subd. 30. new text end

new text begin Standby assistance. new text end

new text begin "Standby assistance" means the presence of another
person within arm's reach to minimize the risk of injury while performing daily activities
through physical intervention or cuing.
 new text end

new text begin Subd. 31. new text end

new text begin Substantial compliance. new text end

new text begin "Substantial compliance" means complying
with the requirements in this chapter sufficiently to prevent unacceptable health or safety
risks to the home care client.
 new text end

new text begin Subd. 32. new text end

new text begin Survey. new text end

new text begin "Survey" means an inspection of a licensee or applicant for
licensure for compliance with this chapter.
 new text end

new text begin Subd. 33. new text end

new text begin Surveyor. new text end

new text begin "Surveyor" means a staff person of the department authorized
to conduct surveys of home care providers and applicants.
 new text end

new text begin Subd. 34. new text end

new text begin Temporary license. new text end

new text begin "Temporary license" means the initial basic or
comprehensive home care license the department issues after approval of a complete
written application and before the department completes the temporary license survey and
determines that the temporary licensee is in substantial compliance.
 new text end

new text begin Subd. 35. new text end

new text begin Treatment or therapy. new text end

new text begin "Treatment" or "therapy" means the provision
of care, other than medications, ordered or prescribed by a licensed health professional
provided to a client to cure, rehabilitate, or ease symptoms.
 new text end

new text begin Subd. 36. new text end

new text begin Unit of government. new text end

new text begin "Unit of government" means every city, county,
town, school district, other political subdivisions of the state, and any agency of the state
or federal government, which includes any instrumentality of a unit of government.
 new text end

new text begin Subd. 37. new text end

new text begin Unlicensed personnel. new text end

new text begin "Unlicensed personnel" are individuals not
otherwise licensed or certified by a governmental health board or agency who provide
home care services in the client's home.
 new text end

new text begin Subd. 38. new text end

new text begin Verbal. new text end

new text begin "Verbal" means oral and not in writing.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 144A.44, is amended to read:


144A.44 HOME CARE BILL OF RIGHTS.

Subdivision 1.

Statement of rights.

A person who receives home care services
has these rights:

(1) the right to receive written information about rights deleted text begin in advance ofdeleted text end new text begin before
new text end receiving deleted text begin care or during the initial evaluation visit before the initiation of treatment
deleted text end new text begin servicesnew text end , including what to do if rights are violated;

(2) the right to receive care and services according to a suitable and up-to-date plan,
and subject to accepted new text begin health care, new text end medical or nursing standards, to take an active part
in deleted text begin creating and changing the plandeleted text end new text begin developing, modifying,new text end and evaluating deleted text begin caredeleted text end new text begin the plan
new text end and services;

(3) the right to be told deleted text begin in advance ofdeleted text end new text begin beforenew text end receiving deleted text begin care about thedeleted text end services deleted text begin that will
be provided, the disciplines that will furnish caredeleted text end new text begin the type and disciplines of staff who will
be providing the servicesnew text end , the frequency of visits proposed to be furnished, other choices
that are availablenew text begin for addressing home care needsnew text end , and deleted text begin the consequences of these choices
includingdeleted text end the new text begin potential new text end consequences of refusing these services;

(4) the right to be told in advance of any deleted text begin changedeleted text end new text begin recommended changes by the
providernew text end in the new text begin service new text end plan deleted text begin of caredeleted text end and to take an active part in any deleted text begin changedeleted text end new text begin decisions
about changes to the service plannew text end ;

(5) the right to refuse services or treatment;

(6) the right to know, deleted text begin in advancedeleted text end new text begin before receiving services or during the initial
visitnew text end , any limits to the services available from a new text begin home care new text end providerdeleted text begin , and the provider's
grounds for a termination of servicesdeleted text end ;

deleted text begin (7) the right to know in advance of receiving care whether the services are covered
by health insurance, medical assistance, or other health programs, the charges for services
that will not be covered by Medicare, and the charges that the individual may have to pay;
 deleted text end

deleted text begin (8)deleted text end new text begin (7)new text end the right to deleted text begin knowdeleted text end new text begin be told before services are initiatednew text end what the new text begin provider
new text end charges are for new text begin the new text end services, deleted text begin no matter who will be paying the billdeleted text end new text begin and if known to what
extent payment may be expected from health insurance, public programs or other sources,
and what charges the client may be responsible for payingnew text end ;

deleted text begin (9)deleted text end new text begin (8) new text end the right to know that there may be other services available in the community,
including other home care services and providers, and to know where to deleted text begin go fordeleted text end new text begin find
new text end information about these services;

deleted text begin (10)deleted text end new text begin (9)new text end the right to choose freely among available providers and to change providers
after services have begun, within the limits of health insurance, new text begin long-term care insurance,
new text end medical assistance, or other health programs;

deleted text begin (11)deleted text end new text begin (10)new text end the right to have personal, financial, and medical information kept private,
and to be advised of the provider's policies and procedures regarding disclosure of such
information;

deleted text begin (12)deleted text end new text begin (11)new text end the right to deleted text begin be alloweddeleted text end access deleted text begin todeleted text end new text begin the client's own new text end records and written
information from new text begin those new text end records in accordance with sections 144.291 to 144.298;

deleted text begin (13)deleted text end new text begin (12)new text end the right to be served by people who are properly trained and competent
to perform their duties;

deleted text begin (14)deleted text end new text begin (13)new text end the right to be treated with courtesy and respect, and to have the deleted text begin patient's
deleted text end new text begin client'snew text end property treated with respect;

deleted text begin (15)deleted text end new text begin (14)new text end the right to be free from physical and verbal abusenew text begin , neglect, financial
exploitation, and all forms of maltreatment covered under the Vulnerable Adults Act and
the Maltreatment of Minors Actnew text end ;

deleted text begin (16)deleted text end new text begin (15)new text end the right to reasonable, advance notice of changes in services or chargesdeleted text begin ,
includingdeleted text end new text begin ;
new text end

new text begin (16) the right to know the provider's reason for termination of services;
 new text end

new text begin (17) the right tonew text end at least ten days' advance notice of the termination of a service by a
provider, except in cases where:

(i) the deleted text begin recipient of servicesdeleted text end new text begin clientnew text end engages in conduct that new text begin significantly new text end alters the
deleted text begin conditions of employment as specified in the employment contract betweendeleted text end new text begin terms of
the service plan withnew text end the home care provider deleted text begin and the individual providing home care
services, or createsdeleted text end new text begin ;
new text end

new text begin (ii) the client, person who lives with the client, or others createnew text end an abusive or unsafe
work environment for the deleted text begin individualdeleted text end new text begin personnew text end providing home care services; or

deleted text begin (ii)deleted text end new text begin (iii)new text end an emergency deleted text begin for the informal caregiverdeleted text end or a significant change in the
deleted text begin recipient'sdeleted text end new text begin client'snew text end condition has resulted in service needs that exceed the current service
deleted text begin provider agreementdeleted text end new text begin plannew text end and that cannot be safely met by the home care provider;

deleted text begin (17)deleted text end new text begin (18)new text end the right to a coordinated transfer when there will be a change in the
provider of services;

deleted text begin (18)deleted text end new text begin (19)new text end the right to deleted text begin voice grievances regarding treatment or care that isdeleted text end new text begin complain
about services that are providednew text end , or deleted text begin fails to be, furnished, or regardingdeleted text end new text begin fail to be provided,
and new text end the lack of courtesy or respect to the deleted text begin patientdeleted text end new text begin client new text end or the deleted text begin patient'sdeleted text end new text begin client's new text end property;

deleted text begin (19)deleted text end new text begin (20)new text end the right to know how to contact an individual associated with the new text begin home
care new text end provider who is responsible for handling problems and to have the new text begin home care new text end provider
investigate and attempt to resolve the grievance or complaint;

deleted text begin (20)deleted text end new text begin (21)new text end the right to know the name and address of the state or county agency to
contact for additional information or assistance; and

deleted text begin (21)deleted text end new text begin (22)new text end the right to assert these rights personally, or have them asserted by
the deleted text begin patient's family or guardian when the patient has been judged incompetent,deleted text end new text begin client's
representative or by anyone on behalf of the client,new text end without retaliation.

Subd. 2.

Interpretation and enforcement of rights.

These rights are established
for the benefit of deleted text begin personsdeleted text end new text begin clientsnew text end who receive home care services. deleted text begin "Home care services"
means home care services as defined in section 144A.43, subdivision 3, and unlicensed
personal care assistance services, including services covered by medical assistance under
section 256B.0625, subdivision 19a.deleted text end new text begin All home care providers, including those exempted
under section 144A.471, must comply with this section. The commissioner shall enforce
this section and the home care bill of rights requirement against home care providers
exempt from licensure in the same manner as for licensees. new text end A home care provider may
not new text begin request or new text end require a deleted text begin persondeleted text end new text begin clientnew text end to surrender new text begin any of new text end these rights as a condition of
receiving services. deleted text begin A guardian or conservator or, when there is no guardian or conservator,
a designated person, may seek to enforce these rights.deleted text end This statement of rights does not
replace or diminish other rights and liberties that may exist relative to deleted text begin personsdeleted text end new text begin clients
new text end receiving home care services, persons providing home care services, or providers licensed
under deleted text begin Laws 1987, chapter 378. A copy of these rights must be provided to an individual
at the time home care services, including personal care assistance services, are initiated.
The copy shall also contain the address and phone number of the Office of Health Facility
Complaints and the Office of Ombudsman for Long-Term Care and a brief statement
describing how to file a complaint with these offices. Information about how to contact
the Office of Ombudsman for Long-Term Care shall be included in notices of change in
client fees and in notices where home care providers initiate transfer or discontinuation of
servicesdeleted text end new text begin sections 144A.43 to 144A.482new text end .

Sec. 7.

Minnesota Statutes 2012, section 144A.45, is amended to read:


144A.45 REGULATION OF HOME CARE SERVICES.

Subdivision 1.

deleted text begin Rulesdeleted text end new text begin Regulationsnew text end .

The commissioner shall deleted text begin adopt rules for the
regulation ofdeleted text end new text begin regulatenew text end home care providers pursuant to sections 144A.43 to deleted text begin 144A.47
deleted text end new text begin 144A.482new text end . The deleted text begin rulesdeleted text end new text begin regulationsnew text end shall include the following:

(1) provisions to assure, to the extent possible, the health, safety and well-being,
and appropriate treatment of persons who receive home care servicesnew text begin while respecting
clients' autonomy and choicenew text end ;

(2) requirements that home care providers furnish the commissioner with specified
information necessary to implement sections 144A.43 to deleted text begin 144A.47deleted text end new text begin 144A.482new text end ;

(3) standards of training of home care provider personneldeleted text begin , which may vary according
to the nature of the services provided or the health status of the consumerdeleted text end ;

new text begin (4) standards for provision of home care services;
 new text end

deleted text begin (4)deleted text end new text begin (5)new text end standards for medication management deleted text begin which may vary according to the
nature of the services provided, the setting in which the services are provided, or the
status of the consumer. Medication management includes the central storage, handling,
distribution, and administration of medicationsdeleted text end ;

deleted text begin (5)deleted text end new text begin (6)new text end standards for supervision of home care services deleted text begin requiring supervision by a
registered nurse or other appropriate health care professional which must occur on site
at least every 62 days, or more frequently if indicated by a clinical assessment, and in
accordance with sections 148.171 to 148.285 and rules adopted thereunder, except that a
person performing home care aide tasks for a class B licensee providing paraprofessional
services does not require nursing supervisiondeleted text end ;

deleted text begin (6)deleted text end new text begin (7)new text end standards for client evaluation or assessment deleted text begin which may vary according to
the nature of the services provided or the status of the consumerdeleted text end ;

deleted text begin (7)deleted text end new text begin (8)new text end requirements for the involvement of a deleted text begin consumer's physiciandeleted text end new text begin client's health
care providernew text end , the documentation of deleted text begin physicians'deleted text end new text begin health care providers'new text end orders, if required,
and the deleted text begin consumer's treatmentdeleted text end new text begin client's servicenew text end plandeleted text begin , anddeleted text end new text begin ;
new text end

new text begin (9)new text end the maintenance of accurate, current deleted text begin clinicaldeleted text end new text begin clientnew text end records;

deleted text begin (8)deleted text end new text begin (10)new text end the establishment of deleted text begin different classesdeleted text end new text begin basic and comprehensive levelsnew text end of
licenses deleted text begin for different types of providers and different standards and requirements for
different kinds of home caredeleted text end new text begin based on new text end servicesnew text begin providednew text end ; and

deleted text begin (9) operating procedures required to implementdeleted text end new text begin (11) provisions to enforce these
regulations andnew text end the home care bill of rights.

deleted text begin Subd. 1a. deleted text end

deleted text begin Home care aide tasks. deleted text end

deleted text begin Notwithstanding the provisions of Minnesota
Rules, part 4668.0110, subpart 1, item E, home care aide tasks also include assisting
toileting, transfers, and ambulation if the client is ambulatory and if the client has no
serious acute illness or infectious disease.
 deleted text end

deleted text begin Subd. 1b. deleted text end

deleted text begin Home health aide qualifications. deleted text end

deleted text begin Notwithstanding the provisions of
Minnesota Rules, part 4668.0100, subpart 5, a person may perform home health aide tasks
if the person maintains current registration as a nursing assistant on the Minnesota nursing
assistant registry. Maintaining current registration on the Minnesota nursing assistant
registry satisfies the documentation requirements of Minnesota Rules, part 4668.0110,
subpart 3.
 deleted text end

Subd. 2.

Regulatory functions.

deleted text begin (a)deleted text end The commissioner shall:

(1) deleted text begin evaluate, monitor, anddeleted text end licensenew text begin , survey, and monitor without advance notice, new text end home
care providers in accordance with sections deleted text begin 144A.45 to 144A.47deleted text end new text begin 144A.43 to 144A.482new text end ;

deleted text begin (2) inspect the office and records of a provider during regular business hours without
advance notice to the home care provider;
 deleted text end

new text begin (2) survey every temporary licensee within one year of the temporary license issuance
date subject to the temporary licensee providing home care services to a client or clients;
 new text end

new text begin (3) survey all licensed home care providers on an interval that will promote the
health and safety of clients;
 new text end

deleted text begin (3)deleted text end new text begin (4)new text end with the consent of the deleted text begin consumerdeleted text end new text begin clientnew text end , visit the home where services are
being provided;

deleted text begin (4)deleted text end new text begin (5)new text end issue correction orders and assess civil penalties in accordance with section
144.653, subdivisions 5 to 8, for violations of sections 144A.43 to deleted text begin 144A.47 or the rules
adopted under those sectionsdeleted text end new text begin 144A.482new text end ;

deleted text begin (5)deleted text end new text begin (6)new text end take action as authorized in section deleted text begin 144A.46, subdivision 3deleted text end new text begin 144A.475new text end ; and

deleted text begin (6)deleted text end new text begin (7)new text end take other action reasonably required to accomplish the purposes of sections
144A.43 to deleted text begin 144A.47deleted text end new text begin 144A.482new text end .

deleted text begin (b) In the exercise of the authority granted in sections 144A.43 to 144A.47, the
commissioner shall comply with the applicable requirements of section 144.122, the
Government Data Practices Act, and the Administrative Procedure Act.
 deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Medicaid reimbursement. deleted text end

deleted text begin Notwithstanding the provisions of section
256B.37 or state plan requirements to the contrary, certification by the federal Medicare
program must not be a requirement of Medicaid payment for services delivered under
section 144A.4605.
 deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Home care providers; services for Alzheimer's disease or related
disorder. deleted text end

deleted text begin (a) If a home care provider licensed under section 144A.46 or 144A.4605 markets
or otherwise promotes services for persons with Alzheimer's disease or related disorders,
the facility's direct care staff and their supervisors must be trained in dementia care.
 deleted text end

deleted text begin (b) Areas of required training include:
 deleted text end

deleted text begin (1) an explanation of Alzheimer's disease and related disorders;
 deleted text end

deleted text begin (2) assistance with activities of daily living;
 deleted text end

deleted text begin (3) problem solving with challenging behaviors; and
 deleted text end

deleted text begin (4) communication skills.
 deleted text end

deleted text begin (c) The licensee shall provide to consumers in written or electronic form a
description of the training program, the categories of employees trained, the frequency
of training, and the basic topics covered.
 deleted text end

Sec. 8.

new text begin [144A.471] HOME CARE PROVIDER AND HOME CARE SERVICES.
 new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin A home care provider may not open, operate,
manage, conduct, maintain, or advertise itself as a home care provider or provide home
care services in Minnesota without a temporary or current home care provider license
issued by the commissioner of health.
 new text end

new text begin Subd. 2. new text end

new text begin Determination of direct home care service. new text end

new text begin "Direct home care service"
means a home care service provided to a client by the home care provider or its employees,
and not by contract. Factors that must be considered in determining whether an individual
or a business entity provides at least one home care service directly include, but are not
limited to, whether the individual or business entity:
 new text end

new text begin (1) has the right to control, and does control, the types of services provided;
 new text end

new text begin (2) has the right to control, and does control, when and how the services are provided;
 new text end

new text begin (3) establishes the charges;
 new text end

new text begin (4) collects fees from the clients or receives payment from third-party payers on
the clients' behalf;
 new text end

new text begin (5) pays individuals providing services compensation on an hourly, weekly, or
similar basis;
 new text end

new text begin (6) treats the individuals providing services as employees for the purposes of payroll
taxes and workers' compensation insurance; and
 new text end

new text begin (7) holds itself out as a provider of home care services or acts in a manner that
leads clients or potential clients to believe that it is a home care provider providing home
care services.
 new text end

new text begin None of the factors listed in this subdivision is solely determinative.
 new text end

new text begin Subd. 3. new text end

new text begin Determination of regularly engaged. new text end

new text begin "Regularly engaged" means
providing, or offering to provide, home care services as a regular part of a business. The
following factors must be considered by the commissioner in determining whether an
individual or a business entity is regularly engaged in providing home care services:
 new text end

new text begin (1) whether the individual or business entity states or otherwise promotes that the
individual or business entity provides home care services;
 new text end

new text begin (2) whether persons receiving home care services constitute a substantial part of the
individual's or the business entity's clientele; and
 new text end

new text begin (3) whether the home care services provided are other than occasional or incidental
to the provision of services other than home care services.
 new text end

new text begin None of the factors listed in this subdivision is solely determinative.
 new text end

new text begin Subd. 4. new text end

new text begin Penalties for operating without license. new text end

new text begin A person involved in the
management, operation, or control of a home care provider that operates without an
appropriate license is guilty of a misdemeanor. This section does not apply to a person
who has no legal authority to affect or change decisions related to the management,
operation, or control of a home care provider.
 new text end

new text begin Subd. 5. new text end

new text begin Basic and comprehensive levels of licensure. new text end

new text begin An applicant seeking
to become a home care provider must apply for either a basic or comprehensive home
care license.
 new text end

new text begin Subd. 6. new text end

new text begin Basic home care license provider. new text end

new text begin Home care services that can be
provided with a basic home care license are assistive tasks provided by licensed or
unlicensed personnel that include:
 new text end

new text begin (1) assisting with dressing, self-feeding, oral hygiene, hair care, grooming, toileting,
and bathing;
 new text end

new text begin (2) providing standby assistance;
 new text end

new text begin (3) providing verbal or visual reminders to the client to take regularly scheduled
medication which includes bringing the client previously set-up medication, medication in
original containers, or liquid or food to accompany the medication;
 new text end

new text begin (4) providing verbal or visual reminders to the client to perform regularly scheduled
treatments and exercises;
 new text end

new text begin (5) preparing modified diets ordered by a licensed health professional; and
 new text end

new text begin (6) assisting with laundry, housekeeping, meal preparation, shopping, or other
household chores and services if the provider is also providing at least one of the activities
in clauses (1) to (5)
 new text end

new text begin Subd. 7. new text end

new text begin Comprehensive home care license provider. new text end

new text begin Home care services that
may be provided with a comprehensive home care license include any of the basic home
care services listed in subdivision 6, and one or more of the following:
 new text end

new text begin (1) services of an advanced practice nurse, registered nurse, licensed practical
nurse, physical therapist, respiratory therapist, occupational therapist, speech-language
pathologist, dietician or nutritionist, or social worker;
 new text end

new text begin (2) tasks delegated to unlicensed personnel by a registered nurse or assigned by a
licensed health professional within the person's scope of practice;
 new text end

new text begin (3) medication management services;
 new text end

new text begin (4) hands-on assistance with transfers and mobility;
 new text end

new text begin (5) assisting clients with eating when the clients have complicating eating problems
as identified in the client record or through an assessment such as difficulty swallowing,
recurrent lung aspirations, or requiring the use of a tube or parenteral or intravenous
instruments to be fed; or
 new text end

new text begin (6) providing other complex or specialty health care services.
 new text end

new text begin Subd. 8. new text end

new text begin Exemptions from home care services licensure. new text end

new text begin (a) Except as otherwise
provided in this chapter, home care services that are provided by the state, counties, or
other units of government must be licensed under this chapter.
 new text end

new text begin (b) An exemption under this subdivision does not excuse the exempted individual or
organization from complying with applicable provisions of the home care bill of rights
in section 144A.44. The following individuals or organizations are exempt from the
requirement to obtain a home care provider license:
 new text end

new text begin (1) an individual or organization that offers, provides, or arranges for personal care
assistance services under the medical assistance program as authorized under sections
256B.04, subdivision 16; 256B.0625, subdivision 19a; and 256B.0659;
 new text end

new text begin (2) a provider that is licensed by the commissioner of human services to provide
semi-independent living services for persons with developmental disabilities under section
252.275 and Minnesota Rules, parts 9525.0900 to 9525.1020;
 new text end

new text begin (3) a provider that is licensed by the commissioner of human services to provide
home and community-based services for persons with developmental disabilities under
section 256B.092 and Minnesota Rules, parts 9525.1800 to 9525.1930;
 new text end

new text begin (4) an individual or organization that provides only home management services, if
the individual or organization is registered under section 144A.482; or
new text end

new text begin (5) an individual who is licensed in this state as a nurse, dietitian, social worker,
occupational therapist, physical therapist, or speech-language pathologist who provides
health care services in the home independently and not through any contractual or
employment relationship with a home care provider or other organization.
 new text end

new text begin Subd. 9. new text end

new text begin Exclusions from home care licensure. new text end

new text begin The following are excluded from
home care licensure and are not required to provide the home care bill of rights:
 new text end

new text begin (1) an individual or business entity providing only coordination of home care that
includes one or more of the following:
 new text end

new text begin (i) determination of whether a client needs home care services, or assisting a client
in determining what services are needed;
 new text end

new text begin (ii) referral of clients to a home care provider;
 new text end

new text begin (iii) administration of payments for home care services; or
 new text end

new text begin (iv) administration of a health care home established under section 256B.0751;
 new text end

new text begin (2) an individual who is not an employee of a licensed home care provider if the
individual:
 new text end

new text begin (i) only provides services as an independent contractor to one or more licensed
home care providers;
 new text end

new text begin (ii) provides no services under direct agreements or contracts with clients; and
 new text end

new text begin (iii) is contractually bound to perform services in compliance with the contracting
home care provider's policies and service plans;
 new text end

new text begin (3) a business that provides staff to home care providers, such as a temporary
employment agency, if the business:
 new text end

new text begin (i) only provides staff under contract to licensed or exempt providers;
 new text end

new text begin (ii) provides no services under direct agreements with clients; and
 new text end

new text begin (iii) is contractually bound to perform services under the contracting home care
provider's direction and supervision;
 new text end

new text begin (4) any home care services conducted by and for the adherents of any recognized
church or religious denomination for its members through spiritual means, or by prayer
for healing;
 new text end

new text begin (5) an individual who only provides home care services to a relative;
 new text end

new text begin (6) an individual not connected with a home care provider that provides assistance
with basic home care needs if the assistance is provided primarily as a contribution and
not as a business;
 new text end

new text begin (7) an individual not connected with a home care provider that shares housing with
and provides primarily housekeeping or homemaking services to an elderly or disabled
person in return for free or reduced-cost housing;
 new text end

new text begin (8) an individual or provider providing home-delivered meal services;
 new text end

new text begin (9) an individual providing senior companion services and other Older American
Volunteer Programs (OAVP) established under the Domestic Volunteer Service Act of
1973, United States Code, title 42, chapter 66;
 new text end

new text begin (10) an employee of a nursing home licensed under this chapter or an employee of a
boarding care home licensed under sections 144.50 to 144.56 who responds to occasional
emergency calls from individuals residing in a residential setting that is attached to or
located on property contiguous to the nursing home or boarding care home;
 new text end

new text begin (11) a member of a professional corporation organized under chapter 319B that
does not regularly offer or provide home care services as defined in section 144A.43,
subdivision 3;
 new text end

new text begin (12) the following organizations established to provide medical or surgical services
that do not regularly offer or provide home care services as defined in section 144A.43,
subdivision 3: a business trust organized under sections 318.01 to 318.04, a nonprofit
corporation organized under chapter 317A, a partnership organized under chapter 323, or
any other entity determined by the commissioner;
 new text end

new text begin (13) an individual or agency that provides medical supplies or durable medical
equipment, except when the provision of supplies or equipment is accompanied by a
home care service;
 new text end

new text begin (14) a physician licensed under chapter 147;
 new text end

new text begin (15) an individual who provides home care services to a person with a developmental
disability who lives in a place of residence with a family, foster family, or primary caregiver;
 new text end

new text begin (16) a business that only provides services that are primarily instructional and not
medical services or health-related support services;
 new text end

new text begin (17) an individual who performs basic home care services for no more than 14 hours
each calendar week to no more than one client;
 new text end

new text begin (18) an individual or business licensed as hospice as defined in sections 144A.75 to
144A.755 who is not providing home care services independent of hospice service;
 new text end

new text begin (19) activities conducted by the commissioner of health or a board of health as
defined in section 145A.02, subdivision 2, including communicable disease investigations
or testing; or
 new text end

new text begin (20) administering or monitoring a prescribed therapy necessary to control or
prevent a communicable disease, or the monitoring of an individual's compliance with a
health directive as defined in section 144.4172, subdivision 6.
 new text end

Sec. 9.

new text begin [144A.472] HOME CARE PROVIDER LICENSE; APPLICATION AND
RENEWAL.
 new text end

new text begin Subdivision 1. new text end

new text begin License applications. new text end

new text begin Each application for a home care provider
license must include information sufficient to show that the applicant meets the
requirements of licensure, including:
 new text end

new text begin (1) the applicant's name, e-mail address, physical address, and mailing address,
including the name of the county in which the applicant resides and has a principal
place of business;
 new text end

new text begin (2) the initial license fee in the amount specified in subdivision 7;
 new text end

new text begin (3) e-mail address, physical address, mailing address, and telephone number of the
principal administrative office;
 new text end

new text begin (4) e-mail address, physical address, mailing address, and telephone number of
each branch office, if any;
 new text end

new text begin (5) names, e-mail and mailing addresses, and telephone numbers of all owners
and managerial officials;
 new text end

new text begin (6) documentation of compliance with the background study requirements of section
144A.476 for all persons involved in the management, operation, or control of the home
care provider;
 new text end

new text begin (7) documentation of a background study as required by section 144.057 for any
individual seeking employment, paid or volunteer, with the home care provider;
 new text end

new text begin (8) evidence of workers' compensation coverage as required by sections 176.181
and 176.182;
 new text end

new text begin (9) documentation of liability coverage, if the provider has it;
 new text end

new text begin (10) identification of the license level the provider is seeking;
 new text end

new text begin (11) documentation that identifies the managerial official who is in charge of
day-to-day operations and attestation that the person has reviewed and understands the
home care provider regulations;
 new text end

new text begin (12) documentation that the applicant has designated one or more owners,
managerial officials, or employees as an agent or agents, which shall not affect the legal
responsibility of any other owner or managerial official under this chapter;
 new text end

new text begin (13) the signature of the officer or managing agent on behalf of an entity, corporation,
association, or unit of government;
 new text end

new text begin (14) verification that the applicant has the following policies and procedures in place
so that if a license is issued, the applicant will implement the policies and procedures
and keep them current:
 new text end

new text begin (i) requirements in sections 626.556, reporting of maltreatment of minors, and
626.557, reporting of maltreatment of vulnerable adults;
 new text end

new text begin (ii) conducting and handling background studies on employees;
 new text end

new text begin (iii) orientation, training, and competency evaluations of home care staff, and a
process for evaluating staff performance;
 new text end

new text begin (iv) handling complaints from clients, family members, or client representatives
regarding staff or services provided by staff;
 new text end

new text begin (v) conducting initial evaluation of clients' needs and the providers' ability to provide
those services;
 new text end

new text begin (vi) conducting initial and ongoing client evaluations and assessments and how
changes in a client's condition are identified, managed, and communicated to staff and
other health care providers as appropriate;
 new text end

new text begin (vii) orientation to and implementation of the home care client bill of rights;
 new text end

new text begin (viii) infection control practices;
 new text end

new text begin (ix) reminders for medications, treatments, or exercises, if provided; and
 new text end

new text begin (x) conducting appropriate screenings, or documentation of prior screenings, to
show that staff are free of tuberculosis, consistent with current United States Centers for
Disease Control standards; and
 new text end

new text begin (15) other information required by the department.
 new text end

new text begin Subd. 2. new text end

new text begin Comprehensive home care license applications. new text end

new text begin In addition to the
information and fee required in subdivision 1, applicants applying for a comprehensive
home care license must also provide verification that the applicant has the following
policies and procedures in place so that if a license is issued, the applicant will implement
the policies and procedures in this subdivision and keep them current:
 new text end

new text begin (1) conducting initial and ongoing assessments of the client's needs by a registered
nurse or appropriate licensed health professional, including how changes in the client's
conditions are identified, managed, and communicated to staff and other health care
providers, as appropriate;
 new text end

new text begin (2) ensuring that nurses and licensed health professionals have current and valid
licenses to practice;
 new text end

new text begin (3) medication and treatment management;
 new text end

new text begin (4) delegation of home care tasks by registered nurses or licensed health professionals;
 new text end

new text begin (5) supervision of registered nurses and licensed health professionals; and
 new text end

new text begin (6) supervision of unlicensed personnel performing delegated home care tasks.
 new text end

new text begin Subd. 3. new text end

new text begin License renewal. new text end

new text begin (a) Except as provided in section 144A.475, a license
may be renewed for a period of one year if the licensee satisfies the following:
 new text end

new text begin (1) submits an application for renewal in the format provided by the commissioner
at least 30 days before expiration of the license;
 new text end

new text begin (2) submits the renewal fee in the amount specified in subdivision 7;
 new text end

new text begin (3) has provided home care services within the past 12 months;
 new text end

new text begin (4) complies with sections 144A.43 to 144A.4799;
 new text end

new text begin (5) provides information sufficient to show that the applicant meets the requirements
of licensure, including items required under subdivision 1;
 new text end

new text begin (6) provides verification that all policies under subdivision 1, are current; and
new text end

new text begin (7) provides any other information deemed necessary by the commissioner.
 new text end

new text begin (b) A renewal applicant who holds a comprehensive home care license must also
provide verification that policies listed under subdivision 2 are current.
 new text end

new text begin Subd. 4. new text end

new text begin Multiple units. new text end

new text begin Multiple units or branches of a licensee must be separately
licensed if the commissioner determines that the units cannot adequately share supervision
and administration of services from the main office.
 new text end

new text begin Subd. 5. new text end

new text begin Transfers prohibited; changes in ownership. new text end

new text begin Any home care license
issued by the commissioner may not be transferred to another party. Before acquiring
ownership of a home care provider business, a prospective applicant must apply for a
new temporary license. A change of ownership is a transfer of operational control to
a different business entity, and includes:
 new text end

new text begin (1) transfer of the business to a different or new corporation;
 new text end

new text begin (2) in the case of a partnership, the dissolution or termination of the partnership under
chapter 323A, with the business continuing by a successor partnership or other entity;
new text end

new text begin (3) relinquishment of control of the provider to another party, including to a contract
management firm that is not under the control of the owner of the business' assets;
 new text end

new text begin (4) transfer of the business by a sole proprietor to another party or entity; or
 new text end

new text begin (5) in the case of a privately held corporation, the change in ownership or control of
50 percent or more of the outstanding voting stock.
 new text end

new text begin Subd. 6. new text end

new text begin Notification of changes of information. new text end

new text begin The temporary licensee or
licensee shall notify the commissioner in writing within ten working days after any
change in the information required in subdivision 1, except the information required in
subdivision 1, clause (5), is required at the time of license renewal.
 new text end

new text begin Subd. 7. new text end

new text begin Fees; application, change of ownership, and renewal. new text end

new text begin (a) An initial
applicant seeking initial temporary home care licensure must submit the following
application fee to the commissioner along with a completed application:
 new text end

new text begin (1) basic home care provider, $2,100; or
 new text end

new text begin (2) comprehensive home care provider, $4,200.
 new text end

new text begin (b) A home care provider who is filing a change of ownership as required under
subdivision 5 must submit the following application fee to the commissioner, along with
the documentation required for the change of ownership:
 new text end

new text begin (1) basic home care provider, $2,100; or
 new text end

new text begin (2) comprehensive home care provider, $4,200.
 new text end

new text begin (c) A home care provider who is seeking to renew the provider's license shall pay a
fee to the commissioner based on revenues derived from the provision of home care
services during the calendar year prior to the year in which the application is submitted,
according to the following schedule:
 new text end

new text begin License Renewal Fee
 new text end

new text begin Provider Annual Revenue
 new text end 		new text begin Fee
 new text end
new text begin greater than $1,500,000
 new text end 		new text begin $6,625
 new text end
new text begin greater than $1,275,000 and no more than
$1,500,000
 new text end 		new text begin $5,797
 new text end
new text begin greater than $1,100,000 and no more than
$1,275,000
 new text end 		new text begin $4,969
 new text end
new text begin greater than $950,000 and no more than
$1,100,000
 new text end 		new text begin $4,141
 new text end
new text begin greater than $850,000 and no more than
$950,000
 new text end 		new text begin $3,727
 new text end
new text begin greater than $750,000 and no more than
$850,000
 new text end 		new text begin $3,313
 new text end
new text begin greater than $650,000 and no more than
$750,000
 new text end 		new text begin $2,898
 new text end
new text begin greater than $550,000 and no more than
$650,000
 new text end 		new text begin $2,485
 new text end
new text begin greater than $450,000 and no more than
$550,000
 new text end 		new text begin $2,070
 new text end
new text begin greater than $350,000 and no more than
$450,000
 new text end 		new text begin $1,656
 new text end
new text begin greater than $250,000 and no more than
$350,000
 new text end 		new text begin $1,242
 new text end
new text begin greater than $100,000 and no more than
$250,000
 new text end 		new text begin $828
 new text end
new text begin greater than $25,000 and no more than $100,000
 new text end 		new text begin $414
 new text end
new text begin no more than $25,000
 new text end 		new text begin $166
 new text end

new text begin (d) If requested, the home care provider shall provide the commissioner information
to verify the provider's annual revenues or other information as needed, including copies
of documents submitted to the Department of Revenue.
 new text end

new text begin (e) A temporary license or license applicant, or temporary licensee or licensee that
knowingly provides the commissioner incorrect revenue amounts for the purpose of
paying a lower license fee, shall be subject to a civil penalty in the amount of double the
fee the provider should have paid.
 new text end

new text begin (f) Fees and penalties collected under this section shall be deposited in the state
treasury and credited to the special state government revenue fund.
 new text end

Sec. 10.

new text begin [144A.473] ISSUANCE OF TEMPORARY LICENSE AND LICENSE
RENEWAL.
 new text end

new text begin Subdivision 1. new text end

new text begin Temporary license and renewal of license. new text end

new text begin (a) The department
shall review each application to determine the applicant's knowledge of and compliance
with Minnesota home care regulations. Before granting a temporary license or renewing a
license, the commissioner may further evaluate the applicant or licensee by requesting
additional information or documentation or by conducting an on-site survey of the
applicant to determine compliance with sections 144A.43 to 144A.482.
 new text end

new text begin (b) Within 14 calendar days after receiving an application for a license,
the commissioner shall acknowledge receipt of the application in writing. The
acknowledgment must indicate whether the application appears to be complete or whether
additional information is required before the application will be considered complete.
 new text end

new text begin (c) Within 90 days after receiving a complete application, the commissioner shall
issue a temporary license, renew the license, or deny the license.
 new text end

new text begin (d) The commissioner shall issue a license that contains the home care provider's
name, address, license level, expiration date of the license, and unique license number. All
licenses are valid for one year from the date of issuance.
 new text end

new text begin Subd. 2. new text end

new text begin Temporary license. new text end

new text begin (a) For new license applicants, the commissioner
shall issue a temporary license for either the basic or comprehensive home care level. A
temporary license is effective for one year from the date of issuance. Temporary licensees
must comply with sections 144A.43 to 144A.482.
 new text end

new text begin (b) During the temporary license year, the commissioner shall survey the temporary
licensee after the commissioner is notified or has evidence that the temporary licensee
is providing home care services.
 new text end

new text begin (c) Within five days of beginning the provision of services, the temporary
licensee must notify the commissioner that it is serving clients. The notification to the
commissioner may be mailed or e-mailed to the commissioner at the address provided by
the commissioner. If the temporary licensee does not provide home care services during
the temporary license year, then the temporary license expires at the end of the year and
the applicant must reapply for a temporary home care license.
 new text end

new text begin (d) A temporary licensee may request a change in the level of licensure prior to
being surveyed and granted a license by notifying the commissioner in writing and
providing additional documentation or materials required to update or complete the
changed temporary license application. The applicant must pay the difference between the
application fees when changing from the basic to the comprehensive level of licensure.
No refund will be made if the provider chooses to change the license application to the
basic level.
 new text end

new text begin (e) If the temporary licensee notifies the commissioner that the licensee has clients
within 45 days prior to the temporary license expiration, the commissioner may extend the
temporary license for up to 60 days in order to allow the commissioner to complete the
on-site survey required under this section and follow-up survey visits.
 new text end

new text begin Subd. 3. new text end

new text begin Temporary licensee survey. new text end

new text begin (a) If the temporary licensee is in substantial
compliance with the survey, the commissioner shall issue either a basic or comprehensive
home care license. If the temporary licensee is not in substantial compliance with the
survey, the commissioner shall not issue a basic or comprehensive license and there will
be no contested hearing right under chapter 14.
 new text end

new text begin (b) If the temporary licensee whose basic or comprehensive license has been denied
disagrees with the conclusions of the commissioner, then the licensee may request a
reconsideration by the commissioner or commissioner's designee. The reconsideration
request process will be conducted internally by the commissioner or commissioner's
designee, and chapter 14 does not apply.
 new text end

new text begin (c) The temporary licensee requesting reconsideration must make the request in
writing and must list and describe the reasons why the licensee disagrees with the decision
to deny the basic or comprehensive home care license.
 new text end

new text begin (d) A temporary licensee whose license is denied must comply with the requirements
for notification and transfer of clients in section 144A.475, subdivision 5.
 new text end

Sec. 11.

new text begin [144A.474] SURVEYS AND INVESTIGATIONS.
 new text end

new text begin Subdivision 1. new text end

new text begin Surveys. new text end

new text begin The commissioner shall conduct surveys of each home care
provider. Survey frequency may be based on the license level, the provider's compliance
history, number of clients served, or other factors as determined by the department deemed
necessary to ensure the health, safety, and welfare of clients and compliance with the law.
 new text end

new text begin Subd. 2. new text end

new text begin Scheduling surveys. new text end

new text begin Surveys and investigations shall be conducted
without advance notice to home care providers. Surveyors may contact the home care
provider on the day of a survey to arrange for someone to be available at the survey site.
The contact does not constitute advance notice.
 new text end

new text begin Subd. 3. new text end

new text begin Information provided by home care provider. new text end

new text begin The home care provider
shall provide accurate and truthful information to the department during a survey,
investigation, or other licensing activities.
 new text end

new text begin Subd. 4. new text end

new text begin Providing client records. new text end

new text begin Upon request of a surveyor, home care providers
shall provide a list of current and past clients or client representatives that includes
addresses and telephone numbers and any other information requested about the services
to clients within a reasonable period of time.
 new text end

new text begin Subd. 5. new text end

new text begin Contacting and visiting clients. new text end

new text begin Surveyors may contact or visit a home
care provider's clients to gather information without notice to the home care provider.
Before visiting a client, a surveyor shall obtain the client's or client's representative's
permission by telephone, mail, or in person. Surveyors shall inform all clients or client's
representatives of their right to decline permission for a visit.
 new text end

new text begin Subd. 6. new text end

new text begin Complaint investigations. new text end

new text begin Upon receiving information alleging that
a home care provider has violated or is currently violating a requirement of sections
144A.43 to 144A.482, 626.556, and 626.557, the commissioner shall investigate the
complaint according to sections 144A.51 to 144A.54.
 new text end

new text begin Subd. 7. new text end

new text begin Correction orders. new text end

new text begin (a) A correction order may be issued whenever the
commissioner finds upon survey or during a complaint investigation that a home care
provider, a controlling person, or an employee of the provider is not in compliance with
sections 144A.43 to 144A.482, 626.556, or 626.557. The correction order shall cite the
specific rule or statute and document areas of noncompliance and the time allowed for
correction.
 new text end

new text begin (b) The commissioner shall mail copies of any correction order to the last known
address of the home care provider. A copy of each correction order and copies of any
documentation supplied to the commissioner shall be kept on file by the home care
provider, and public documents shall be made available for viewing by any person upon
request. Copies may be kept electronically.
 new text end

new text begin (c) By the correction order date, the home care provider must document in the
provider's records any action taken to comply with the correction order. The commissioner
may request a copy of this documentation and the home care provider's action to respond
to the correction order in future surveys, upon a complaint investigation, and as otherwise
needed.
 new text end

new text begin Subd. 8. new text end

new text begin Reconsideration of survey findings. new text end

new text begin (a) If the applicant or licensee
believes that the contents of the commissioner's order for correction are in error, the
applicant or license holder may ask the commissioner to reconsider the parts of the
correction order that are alleged to be in error. The request for reconsideration must be
made in writing and must be postmarked and sent to the commissioner within 20 calendar
days after receipt of the correction order by the applicant or license holder, and:
 new text end

new text begin (1) specify the parts of the correction order that are alleged to be in error;
 new text end

new text begin (2) explain why they are in error; and
 new text end

new text begin (3) include documentation to support the allegation of error.
 new text end

new text begin (b) A request for reconsideration does not stay any provisions or requirements of the
correction order. The commissioner's disposition of a request for reconsideration is final
and not subject to appeal under chapter 14.
 new text end

new text begin Subd. 9. new text end

new text begin Fines. new text end

new text begin (a) The commissioner may assess fines according to this subdivision.
 new text end

new text begin (b) In addition to any enforcement action authorized under this chapter, the
commissioner may assess a licensed home care provider a fine from $1,000 to $10,000 for
any of the following violations:
 new text end

new text begin (1) determination of maltreatment of a child under section 626.556 or the
maltreatment of a vulnerable adult under section 626.557 for which the license holder is
determined responsible for the maltreatment under section 626.556, subdivision 10e,
paragraph (i), or 626.557, subdivision 9c, paragraph (c);
 new text end

new text begin (2) an act, omission, or practice that results in a client's illness, injury, or death or
places the client at imminent risk including physical abuse, sexual abuse, questionable or
wrongful death, serious unexplained injuries, or serious medical emergency;
 new text end

new text begin (3) failure to obtain background check clearance or exemption for direct care staff
prior to provision of services;
 new text end

new text begin (4) willful violation of state licensing laws and regulations; and
 new text end

new text begin (5) violation of employee health status guidance relating to control of infectious
diseases such as tuberculosis.
 new text end

new text begin (c) If the commissioner finds that the applicant or a home care provider required to
be licensed under sections 144A.43 to 144A.482 has not corrected violations identified
in a survey or complaint investigation that were specified in the correction order or
conditional license, the commissioner may impose a fine. A notice of noncompliance with
a correction order must be mailed to the applicant's or provider's last known address. The
noncompliance notice must list the violations not corrected.
 new text end

new text begin (d) Fines under this subdivision may be assessed according to paragraph (b), or
the commissioner may assess a fine other than those identified in paragraph (b) from
$500 to $2,000 per violation when the provider has failed to correct an order relating to
violation of state licensing laws.
 new text end

new text begin (e) The license holder must pay the fines assessed on or before the payment date
specified. If the license holder fails to fully comply with the order, the commissioner may
issue a second fine or suspend the license until the license holder complies by paying the
fine. If the license holder receives state funds, the state, county, or municipal agencies or
departments responsible for administering the funds shall withhold payments and recover
any payments made while the license is suspended for failure to pay a fine. A timely
appeal shall stay payment of the fine until the commissioner issues a final order.
 new text end

new text begin (f) A license holder shall promptly notify the commissioner in writing, including
by e-mail, when a violation specified in the order to forfeit a fine is corrected. If upon
reinspection the commissioner determines that a violation has not been corrected as
indicated by the order to forfeit a fine, the commissioner may issue a second fine. The
commissioner shall notify the license holder by mail to the last known address in the
licensing record that a second fine has been assessed. The license holder may appeal the
second fine as provided under this subdivision.
 new text end

new text begin (g) A home care provider that has been assessed a fine under this subdivision has a
right to a hearing under this section and chapter 14.
 new text end

new text begin (h) When a fine has been assessed, the license holder may not avoid payment by
closing, selling, or otherwise transferring the licensed program to a third party. In such an
event, the license holder shall be personally liable for payment of the fine. In the case
of a corporation, each controlling individual is personally and jointly liable for payment
of the fine.
 new text end

new text begin (i) In addition to any fine imposed under this section, the commissioner may assess
costs related to an investigation that results in a final order assessing a fine or other
enforcement action authorized by this chapter.
 new text end

new text begin (j) Fines collected under this subdivision shall be deposited in the state government
special revenue fund and credited to an account separate from the revenue collected under
section 144A.472. Subject to an appropriation by the legislature, the revenue from the
fines collected may be used by the commissioner for special projects to improve home care
regulations as recommended by the advisory council established in section 144A.4799.
 new text end

Sec. 12.

new text begin [144A.475] ENFORCEMENT.
 new text end

new text begin Subdivision 1. new text end

new text begin Conditions. new text end

new text begin (a) The commissioner may refuse to grant a temporary
license, renew a license, suspend or revoke a license, or impose a conditional license if the
home care provider or owner or managerial official of the home care provider:
 new text end

new text begin (1) is in violation of, or during the term of the license has violated, any of the
requirements in sections 144A.471 to 144A.482;
 new text end

new text begin (2) permits, aids, or abets the commission of any illegal act in the provision of
home care;
 new text end

new text begin (3) performs any act detrimental to the health, safety, and welfare of a client;
 new text end

new text begin (4) obtains the license by fraud or misrepresentation;
 new text end

new text begin (5) knowingly made or makes a false statement of a material fact in the application
for a license or in any other record or report required by this chapter;
 new text end

new text begin (6) denies representatives of the department access to any part of the home care
provider's books, records, files, or employees;
 new text end

new text begin (7) interferes with or impedes a representative of the department in contacting the
home care provider's clients;
 new text end

new text begin (8) interferes with or impedes a representative of the department in the enforcement
of this chapter or has failed to fully cooperate with an inspection, survey, or investigation
by the department;
 new text end

new text begin (9) destroys or makes unavailable any records or other evidence relating to the home
care provider's compliance with this chapter;
 new text end

new text begin (10) refuses to initiate a background study under section 144.057 or 245A.04;
 new text end

new text begin (11) fails to timely pay any fines assessed by the department;
 new text end

new text begin (12) violates any local, city, or township ordinance relating to home care services;
 new text end

new text begin (13) has repeated incidents of personnel performing services beyond their
competency level; or
 new text end

new text begin (14) has operated beyond the scope of the home care provider's license level.
 new text end

new text begin (b) A violation by a contractor providing the home care services of the home care
provider is a violation by the home care provider.
 new text end

new text begin Subd. 2. new text end

new text begin Terms to suspension or conditional license. new text end

new text begin A suspension or conditional
license designation may include terms that must be completed or met before a suspension
or conditional license designation is lifted. A conditional license designation may include
restrictions or conditions that are imposed on the provider. Terms for a suspension or
conditional license may include one or more of the following and the scope of each will be
determined by the commissioner:
 new text end

new text begin (1) requiring a consultant to review, evaluate, and make recommended changes to
the home care provider's practices and submit reports to the commissioner at the cost of
the home care provider;
 new text end

new text begin (2) requiring supervision of the home care provider or staff practices at the cost
of the home care provider by an unrelated person who has sufficient knowledge and
qualifications to oversee the practices and who will submit reports to the commissioner;
 new text end

new text begin (3) requiring the home care provider or employees to obtain training at the cost of
the home care provider;
 new text end

new text begin (4) requiring the home care provider to submit reports to the commissioner;
 new text end

new text begin (5) prohibiting the home care provider from taking any new clients for a period
of time; or
 new text end

new text begin (6) any other action reasonably required to accomplish the purpose of this
subdivision and section 144A.45, subdivision 2.
 new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin Prior to any suspension, revocation, or refusal to renew a license,
the home care provider shall be entitled to notice and a hearing as provided by sections
14.57 to 14.69. In addition to any other remedy provided by law, the commissioner may,
without a prior contested case hearing, temporarily suspend a license or prohibit delivery
of services by a provider for not more than 90 days if the commissioner determines that
the health or safety of a consumer is in imminent danger, provided:
 new text end

new text begin (1) advance notice is given to the home care provider;
 new text end

new text begin (2) after notice, the home care provider fails to correct the problem;
 new text end

new text begin (3) the commissioner has reason to believe that other administrative remedies are not
likely to be effective; and
 new text end

new text begin (4) there is an opportunity for a contested case hearing within the 90 days.
 new text end

new text begin Subd. 4. new text end

new text begin Time limits for appeals. new text end

new text begin To appeal the assessment of civil penalties
under section 144A.45, subdivision 2, clause (5), and an action against a license under
this section, a provider must request a hearing no later than 15 days after the provider
receives notice of the action.
 new text end

new text begin Subd. 5. new text end

new text begin Plan required. new text end

new text begin (a) The process of suspending or revoking a license
must include a plan for transferring affected clients to other providers by the home care
provider, which will be monitored by the commissioner. Within three business days of
being notified of the final revocation or suspension action, the home care provider shall
provide the commissioner, the lead agencies as defined in section 256B.0911, and the
ombudsman for long-term care with the following information:
 new text end

new text begin (1) a list of all clients, including full names and all contact information on file;
 new text end

new text begin (2) a list of each client's representative or emergency contact person, including full
names and all contact information on file;
 new text end

new text begin (3) the location or current residence of each client;
 new text end

new text begin (4) the payor sources for each client, including payor source identification numbers;
and
 new text end

new text begin (5) for each client, a copy of the client's service plan, and a list of the types of
services being provided.
 new text end

new text begin (b) The revocation or suspension notification requirement is satisfied by mailing the
notice to the address in the license record. The home care provider shall cooperate with
the commissioner and the lead agencies during the process of transferring care of clients to
qualified providers. Within three business days of being notified of the final revocation or
suspension action, the home care provider must notify and disclose to each of the home
care provider's clients, or the client's representative or emergency contact persons, that
the commissioner is taking action against the home care provider's license by providing a
copy of the revocation or suspension notice issued by the commissioner.
 new text end

new text begin Subd. 6. new text end

new text begin Owners and managerial officials; refusal to grant license. new text end

new text begin (a) The
owner and managerial officials of a home care provider whose Minnesota license has not
been renewed or that has been revoked because of noncompliance with applicable laws or
rules shall not be eligible to apply for nor will be granted a home care license, including
other licenses under this chapter, or be given status as an enrolled personal care assistance
provider agency or personal care assistant by the Department of Human Services under
section 256B.0659 for five years following the effective date of the nonrenewal or
revocation. If the owner and managerial officials already have enrollment status, their
enrollment will be terminated by the Department of Human Services.
 new text end

new text begin (b) The commissioner shall not issue a license to a home care provider for five
years following the effective date of license nonrenewal or revocation if the owner or
managerial official, including any individual who was an owner or managerial official
of another home care provider, had a Minnesota license that was not renewed or was
revoked as described in paragraph (a).
 new text end

new text begin (c) Notwithstanding subdivision 1, the commissioner shall not renew, or shall
suspend or revoke, the license of any home care provider that includes any individual
as an owner or managerial official who was an owner or managerial official of a home
care provider whose Minnesota license was not renewed or was revoked as described in
paragraph (a) for five years following the effective date of the nonrenewal or revocation.
 new text end

new text begin (d) The commissioner shall notify the home care provider 30 days in advance of
the date of nonrenewal, suspension, or revocation of the license. Within ten days after
the receipt of the notification, the home care provider may request, in writing, that the
commissioner stay the nonrenewal, revocation, or suspension of the license. The home
care provider shall specify the reasons for requesting the stay; the steps that will be taken
to attain or maintain compliance with the licensure laws and regulations; any limits on the
authority or responsibility of the owners or managerial officials whose actions resulted in
the notice of nonrenewal, revocation, or suspension; and any other information to establish
that the continuing affiliation with these individuals will not jeopardize client health, safety,
or well-being. The commissioner shall determine whether the stay will be granted within
30 days of receiving the provider's request. The commissioner may propose additional
restrictions or limitations on the provider's license and require that the granting of the stay
be contingent upon compliance with those provisions. The commissioner shall take into
consideration the following factors when determining whether the stay should be granted:
 new text end

new text begin (1) the threat that continued involvement of the owners and managerial officials with
the home care provider poses to client health, safety, and well-being;
 new text end

new text begin (2) the compliance history of the home care provider; and
 new text end

new text begin (3) the appropriateness of any limits suggested by the home care provider.
 new text end

new text begin If the commissioner grants the stay, the order shall include any restrictions or
limitation on the provider's license. The failure of the provider to comply with any
restrictions or limitations shall result in the immediate removal of the stay and the
commissioner shall take immediate action to suspend, revoke, or not renew the license.
 new text end

new text begin Subd. 7. new text end

new text begin Request for hearing. new text end

new text begin A request for a hearing must be in writing and must:
 new text end

new text begin (1) be mailed or delivered to the department or the commissioner's designee;
 new text end

new text begin (2) contain a brief and plain statement describing every matter or issue contested; and
 new text end

new text begin (3) contain a brief and plain statement of any new matter that the applicant or home
care provider believes constitutes a defense or mitigating factor.
 new text end

new text begin Subd. 8. new text end

new text begin Informal conference. new text end

new text begin At any time, the applicant or home care provider
and the commissioner may hold an informal conference to exchange information, clarify
issues, or resolve issues.
 new text end

new text begin Subd. 9. new text end

new text begin Injunctive relief. new text end

new text begin In addition to any other remedy provided by law, the
commissioner may bring an action in district court to enjoin a person who is involved in
the management, operation, or control of a home care provider or an employee of the
home care provider from illegally engaging in activities regulated by sections 144A.43 to
144A.482. The commissioner may bring an action under this subdivision in the district
court in Ramsey County or in the district in which a home care provider is providing
services. The court may grant a temporary restraining order in the proceeding if continued
activity by the person who is involved in the management, operation, or control of a home
care provider, or by an employee of the home care provider, would create an imminent
risk of harm to a recipient of home care services.
 new text end

new text begin Subd. 10. new text end

new text begin Subpoena. new text end

new text begin In matters pending before the commissioner under sections
144A.43 to 144A.482, the commissioner may issue subpoenas and compel the attendance
of witnesses and the production of all necessary papers, books, records, documents, and
other evidentiary material. If a person fails or refuses to comply with a subpoena or
order of the commissioner to appear or testify regarding any matter about which the
person may be lawfully questioned or to produce any papers, books, records, documents,
or evidentiary materials in the matter to be heard, the commissioner may apply to the
district court in any district, and the court shall order the person to comply with the
commissioner's order or subpoena. The commissioner of health may administer oaths to
witnesses or take their affirmation. Depositions may be taken in or outside the state in the
manner provided by law for the taking of depositions in civil actions. A subpoena or other
process or paper may be served on a named person anywhere in the state by an officer
authorized to serve subpoenas in civil actions, with the same fees and mileage and in the
same manner as prescribed by law for a process issued out of a district court. A person
subpoenaed under this subdivision shall receive the same fees, mileage, and other costs
that are paid in proceedings in district court.
 new text end

Sec. 13.

new text begin [144A.476] BACKGROUND STUDIES.
 new text end

new text begin Subdivision 1. new text end

new text begin Prior criminal convictions; owner and managerial officials. new text end

new text begin (a)
Before the commissioner issues a temporary license or renews a license, an owner or
managerial official is required to complete a background study under section 144.057. No
person may be involved in the management, operation, or control of a home care provider
if the person has been disqualified under chapter 245C. If an individual is disqualified
under section 144.056 or chapter 245C, the individual may request reconsideration of
the disqualification. If the individual requests reconsideration and the commissioner
sets aside or rescinds the disqualification, the individual is eligible to be involved in the
management, operation, or control of the provider. If an individual has a disqualification
under section 245C.15, subdivision 1, and the disqualification is affirmed, the individual's
disqualification is barred from a set aside, and the individual must not be involved in the
management, operation, or control of the provider.
 new text end

new text begin (b) For purposes of this section, owners of a home care provider subject to the
background check requirement are those individuals whose ownership interest provides
sufficient authority or control to affect or change decisions related to the operation of the
home care provider. An owner includes a sole proprietor, a general partner, or any other
individual whose individual ownership interest can affect the management and direction
of the policies of the home care provider.
 new text end

new text begin (c) For the purposes of this section, managerial officials subject to the background
check requirement are individuals who provide direct contact as defined in section 245C.02,
subdivision 11, or individuals who have the responsibility for the ongoing management or
direction of the policies, services, or employees of the home care provider. Data collected
under this subdivision shall be classified as private data under section 13.02, subdivision 12.
 new text end

new text begin (d) The department shall not issue any license if the applicant or owner or managerial
official has been unsuccessful in having a background study disqualification set aside
under section 144.057 and chapter 245C; if the owner or managerial official, as an owner
or managerial official of another home care provider, was substantially responsible for
the other home care provider's failure to substantially comply with sections 144A.43 to
144A.482; or if an owner that has ceased doing business, either individually or as an
owner of a home care provider, was issued a correction order for failing to assist clients in
violation of this chapter.
 new text end

new text begin Subd. 2. new text end

new text begin Employees, contractors, and volunteers. new text end

new text begin (a) Employees, contractors,
and volunteers of a home care provider are subject to the background study required by
section 144.057, and may be disqualified under chapter 245C. Nothing in this section shall
be construed to prohibit a home care provider from requiring self-disclosure of criminal
conviction information.
 new text end

new text begin (b) Termination of an employee in good faith reliance on information or records
obtained under paragraph (a) or subdivision 1, regarding a confirmed conviction does not
subject the home care provider to civil liability or liability for unemployment benefits.
 new text end

Sec. 14.

new text begin [144A.477] COMPLIANCE.
 new text end

new text begin Subdivision 1. new text end

new text begin Medicare-certified providers; coordination of surveys. new text end

new text begin If feasible,
the commissioner shall survey licensees to determine compliance with this chapter at the
same time as surveys for certification for Medicare if Medicare certification is based on
compliance with the federal conditions of participation and on survey and enforcement
by the Department of Health as agent for the United States Department of Health and
Human Services.
 new text end

new text begin Subd. 2. new text end

new text begin Medicare-certified providers; equivalent requirements. new text end

new text begin For home care
providers licensed to provide comprehensive home care services that are also certified for
participation in Medicare as a home health agency under Code of Federal Regulations,
title 42, part 484, the following state licensure regulations are considered equivalent to
the federal requirements:
 new text end

new text begin (1) quality management, section 144A.479, subdivision 3;
 new text end

new text begin (2) personnel records, section 144A.479, subdivision 7;
 new text end

new text begin (3) acceptance of clients, section 144A.4791, subdivision 4;
 new text end

new text begin (4) referrals, section 144A.4791, subdivision 5;
 new text end

new text begin (5) client assessment, sections 144A.4791, subdivision 8, and 144A.4792,
subdivisions 2 and 3;
 new text end

new text begin (6) individualized monitoring and reassessment, sections 144A.4791, subdivision
8, and 144A.4792, subdivisions 2 and 3;
 new text end

new text begin (7) individualized service plan, sections 144A.4791, subdivision 9, 144A.4792,
subdivision 5, and 144A.4793, subdivision 3;
 new text end

new text begin (8) client complaint and investigation process, section 144A.4791, subdivision 11;
 new text end

new text begin (9) prescription orders, section 144A.4792, subdivisions 13 to 16;
 new text end

new text begin (10) client records, section 144A.4794, subdivisions 1 to 3;
 new text end

new text begin (11) qualifications for unlicensed personnel performing delegated tasks, section
144A.4795;
 new text end

new text begin (12) training and competency staff, section 144A.4795;
 new text end

new text begin (13) training and competency for unlicensed personnel, section 144A.4795,
subdivision 7;
 new text end

new text begin (14) delegation of home care services, section 144A.4795, subdivision 4;
 new text end

new text begin (15) availability of contact person, section 144A.4797, subdivision 1; and
 new text end

new text begin (16) supervision of staff, section 144A.4797, subdivisions 2 and 3.
 new text end

new text begin Violations of requirements in clauses (1) to (16) may lead to enforcement actions
under section 144A.474.
 new text end

Sec. 15.

new text begin [144A.478] INNOVATION VARIANCE.
 new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "innovation variance"
means a specified alternative to a requirement of this chapter. An innovation variance
may be granted to allow a home care provider to offer home care services of a type or
in a manner that is innovative, will not impair the services provided, will not adversely
affect the health, safety, or welfare of the clients, and is likely to improve the services
provided. The innovative variance cannot change any of the client's rights under section
144A.44, home care bill of rights.
 new text end

new text begin Subd. 2. new text end

new text begin Conditions. new text end

new text begin The commissioner may impose conditions on the granting of
an innovation variance that the commissioner considers necessary.
 new text end

new text begin Subd. 3. new text end

new text begin Duration and renewal. new text end

new text begin The commissioner may limit the duration of any
innovation variance and may renew a limited innovation variance.
 new text end

new text begin Subd. 4. new text end

new text begin Applications; innovation variance. new text end

new text begin An application for innovation
variance from the requirements of this chapter may be made at any time, must be made in
writing to the commissioner, and must specify the following:
 new text end

new text begin (1) the statute or law from which the innovation variance is requested;
 new text end

new text begin (2) the time period for which the innovation variance is requested;
 new text end

new text begin (3) the specific alternative action that the licensee proposes;
 new text end

new text begin (4) the reasons for the request; and
 new text end

new text begin (5) justification that an innovation variance will not impair the services provided,
will not adversely affect the health, safety, or welfare of clients, and is likely to improve
the services provided.
 new text end

new text begin The commissioner may require additional information from the home care provider before
acting on the request.
 new text end

new text begin Subd. 5. new text end

new text begin Grants and denials. new text end

new text begin The commissioner shall grant or deny each request
for an innovation variance in writing within 45 days of receipt of a complete request.
Notice of a denial shall contain the reasons for the denial. The terms of a requested
innovation variance may be modified upon agreement between the commissioner and
the home care provider.
 new text end

new text begin Subd. 6. new text end

new text begin Violation of innovation variances. new text end

new text begin A failure to comply with the terms of
an innovation variance shall be deemed to be a violation of this chapter.
 new text end

new text begin Subd. 7. new text end

new text begin Revocation or denial of renewal. new text end

new text begin The commissioner shall revoke or
deny renewal of an innovation variance if:
 new text end

new text begin (1) it is determined that the innovation variance is adversely affecting the health,
safety, or welfare of the licensee's clients;
 new text end

new text begin (2) the home care provider has failed to comply with the terms of the innovation
variance;
 new text end

new text begin (3) the home care provider notifies the commissioner in writing that it wishes to
relinquish the innovation variance and be subject to the statute previously varied; or
 new text end

new text begin (4) the revocation or denial is required by a change in law.
 new text end

Sec. 16.

new text begin [144A.479] HOME CARE PROVIDER RESPONSIBILITIES;
BUSINESS OPERATION.
 new text end

new text begin Subdivision 1. new text end

new text begin Display of license. new text end

new text begin The original current license must be displayed
in the home care providers' principal business office and copies must be displayed in
any branch office. The home care provider must provide a copy of the license to any
person who requests it.
 new text end

new text begin Subd. 2. new text end

new text begin Advertising. new text end

new text begin Home care providers shall not use false, fraudulent,
or misleading advertising in the marketing of services. For purposes of this section,
advertising includes any verbal, written, or electronic means of communicating to
potential clients about the availability, nature, or terms of home care services.
 new text end

new text begin Subd. 3. new text end

new text begin Quality management. new text end

new text begin The home care provider shall engage in quality
management appropriate to the size of the home care provider and relevant to the type
of services the home care provider provides. The quality management activity means
evaluating the quality of care by periodically reviewing client services, complaints made,
and other issues that have occurred and determining whether changes in services, staffing,
or other procedures need to be made in order to ensure safe and competent services to
clients. Documentation about quality management activity must be available for two
years. Information about quality management must be available to the commissioner at
the time of the survey, investigation, or renewal.
 new text end

new text begin Subd. 4. new text end

new text begin Provider restrictions. new text end

new text begin (a) This subdivision does not apply to licensees
that are Minnesota counties or other units of government.
 new text end

new text begin (b) A home care provider or staff cannot accept powers-of-attorney from clients for
any purpose, and may not accept appointments as guardians or conservators of clients.
 new text end

new text begin (c) A home care provider cannot serve as a client's representative.
new text end

new text begin Subd. 5. new text end

new text begin Handling of client's finances and property. new text end

new text begin (a) A home care provider
may assist clients with household budgeting, including paying bills and purchasing
household goods, but may not otherwise manage a client's property. A home care provider
must provide a client with receipts for all transactions and purchases paid with the clients'
funds. When receipts are not available, the transaction or purchase must be documented.
A home care provider must maintain records of all such transactions.
 new text end

new text begin (b) A home care provider or staff may not borrow a client's funds or personal or
real property, nor in any way convert a client's property to the home care provider's or
staff's possession.
 new text end

new text begin (c) Nothing in this section precludes a home care provider or staff from accepting
gifts of minimal value, or precludes the acceptance of donations or bequests made to a
home care provider that are exempt from income tax under section 501(c) of the Internal
Revenue Code of 1986.
 new text end

new text begin Subd. 6. new text end

new text begin Reporting maltreatment of vulnerable adults and minors. new text end

new text begin (a) All
home care providers must comply with requirements for the reporting of maltreatment
of minors in section 626.556 and the requirements for the reporting of maltreatment
of vulnerable adults in section 626.557. Home care providers must report suspected
maltreatment of minors and vulnerable adults to the common entry point. Each home
care provider must establish and implement a written procedure to ensure that all cases
of suspected maltreatment are reported.
 new text end

new text begin (b) Each home care provider must develop and implement an individual abuse
prevention plan for each vulnerable minor or adult for whom home care services are
provided by a home care provider. The plan shall contain an individualized review or
assessment of the person's susceptibility to abuse by another individual, including other
vulnerable adults or minors; the person's risk of abusing other vulnerable adults or minors;
and statements of the specific measures to be taken to minimize the risk of abuse to that
person and other vulnerable adults or minors. For purposes of the abuse prevention plan,
the term abuse includes self-abuse.
 new text end

new text begin Subd. 7. new text end

new text begin Employee records. new text end

new text begin The home care provider must maintain current records
of each paid employee, regularly scheduled volunteers providing home care services, and
of each individual contractor providing home care services. The records must include
the following information:
 new text end

new text begin (1) evidence of current professional licensure, registration, or certification, if
licensure, registration, or certification is required by this statute, or other rules;
 new text end

new text begin (2) records of orientation, required annual training and infection control training,
and competency evaluations;
 new text end

new text begin (3) current job description, including qualifications, responsibilities, and
identification of staff providing supervision;
 new text end

new text begin (4) documentation of annual performance reviews which identify areas of
improvement needed and training needs;
 new text end

new text begin (5) for individuals providing home care services, verification that required health
screenings under section 144A.4798 have taken place and the dates of those screenings; and
 new text end

new text begin (6) documentation of the background study as required under section 144.057.
 new text end

new text begin Each employee record must be retained for at least three years after a paid employee,
home care volunteer, or contractor ceases to be employed by or under contract with the
home care provider. If a home care provider ceases operation, employee records must be
maintained for three years.
 new text end

Sec. 17.

new text begin [144A.4791] HOME CARE PROVIDER RESPONSIBILITIES WITH
RESPECT TO CLIENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Home care bill of rights; notification to client. new text end

new text begin (a) The home
care provider shall provide the client or the client's representative a written notice of the
rights under section 144A.44 in a language that the client or the client's representative
can understand before the initiation of services to that client. If a written version is not
available, the home care bill of rights must be communicated to the client or client's
representative in a language they can understand.
 new text end

new text begin (b) In addition to the text of the home care bill of rights in section 144A.44,
subdivision 1, the notice shall also contain the following statement describing how to file
a complaint with these offices.
 new text end

new text begin "If you have a complaint about the provider or the person providing your
home care services, you may call, write, or visit the Office of Health Facility
Complaints, Minnesota Department of Health. You may also contact the Office of
Ombudsman for Long-Term Care or the Office of Ombudsman for Mental Health
and Developmental Disabilities."
 new text end

new text begin The statement should include the telephone number, Web site address, e-mail
address, mailing address, and street address of the Office of Health Facility Complaints at
the Minnesota Department of Health, the Office of the Ombudsman for Long-Term Care,
and the Office of the Ombudsman for Mental Health and Developmental Disabilities. The
statement should also include the home care provider's name, address, e-mail, telephone
number, and name or title of the person at the provider to whom problems or complaints
may be directed. It must also include a statement that the home care provider will not
retaliate because of a complaint.
 new text end

new text begin (c) The home care provider shall obtain written acknowledgment of the client's
receipt of the home care bill of rights or shall document why an acknowledgment cannot
be obtained. The acknowledgment may be obtained from the client or the client's
representative. Acknowledgment of receipt shall be retained in the client's record.
 new text end

new text begin Subd. 2. new text end

new text begin Notice of services for dementia, Alzheimer's disease, or related
disorders. new text end

new text begin The home care provider that provides services to clients with dementia shall
provide in written or electronic form, to clients and families or other persons who request
it, a description of the training program and related training it provides, including the
categories of employees trained, the frequency of training, and the basic topics covered.
This information satisfies the disclosure requirements in section 325F.72, subdivision
2, clause (4).
 new text end

new text begin Subd. 3. new text end

new text begin Statement of home care services. new text end

new text begin Prior to the initiation of services,
a home care provider must provide to the client or the client's representative a written
statement which identifies if they have a basic or comprehensive home care license, the
services they are authorized to provide, and which services they cannot provide under the
scope of their license. The home care provider shall obtain written acknowledgment
from the clients that they have provided the statement or must document why they could
not obtain the acknowledgment.
 new text end

new text begin Subd. 4. new text end

new text begin Acceptance of clients. new text end

new text begin No home care provider may accept a person as a
client unless the home care provider has staff, sufficient in qualifications, competency,
and numbers, to adequately provide the services agreed to in the service plan and that
are within the provider's scope of practice.
 new text end

new text begin Subd. 5. new text end

new text begin Referrals. new text end

new text begin If a home care provider reasonably believes that a client is in
need of another medical or health service, including a licensed health professional, or
social service provider, the home care provider shall:
 new text end

new text begin (1) determine the client's preferences with respect to obtaining the service; and
 new text end

new text begin (2) inform the client of resources available, if known, to assist the client in obtaining
services.
 new text end

new text begin Subd. 6. new text end

new text begin Initiation of services. new text end

new text begin When a provider initiates services and the
individualized review or assessment required in subdivisions 7 and 8 has not been
completed, the provider must complete a temporary plan and agreement with the client for
services.
 new text end

new text begin Subd. 7. new text end

new text begin Basic individualized client review and monitoring. new text end

new text begin (a) When services
being provided are basic home care services, an individualized initial review of the client's
needs and preferences must be conducted at the client's residence with the client or client's
representative. This initial review must be completed within 30 days after the initiation of
the home care services.
 new text end

new text begin (b) Client monitoring and review must be conducted as needed based on changes
in the needs of the client and cannot exceed 90 days from the date of the last review.
The monitoring and review may be conducted at the client's residence or through the
utilization of telecommunication methods based on practice standards that meet the
individual client's needs.
 new text end

new text begin Subd. 8. new text end

new text begin Comprehensive assessment, monitoring, and reassessment. new text end

new text begin (a) When
the services being provided are comprehensive home care services, an individualized
initial assessment must be conducted in-person by a registered nurse. When the services
are provided by other licensed health professionals, the assessment must be conducted by
the appropriate health professional. This initial assessment must be completed within five
days after initiation of home care services.
 new text end

new text begin (b) Client monitoring and reassessment must be conducted in the client's home no
more than 14 days after initiation of services.
 new text end

new text begin (c) Ongoing client monitoring and reassessment must be conducted as needed based
on changes in the needs of the client and cannot exceed 90 days from the last date of the
assessment. The monitoring and reassessment may be conducted at the client's residence
or through the utilization of telecommunication methods based on practice standards that
meet the individual client's needs.
 new text end

new text begin Subd. 9. new text end

new text begin Service plan, implementation, and revisions to service plan. new text end

new text begin (a) No later
than 14 days after the initiation of services, a home care provider shall finalize a current
written service plan.
 new text end

new text begin (b) The service plan and any revisions must include a signature or other
authentication by the home care provider and by the client or the client's representative
documenting agreement on the services to be provided. The service plan must be revised,
if needed, based on client review or reassessment under subdivisions 7 and 8. The provider
must provide information to the client about changes to the provider's fee for services and
how to contact the Office of the Ombudsman for Long-Term Care.
 new text end

new text begin (c) The home care provider must implement and provide all services required by
the current service plan.
 new text end

new text begin (d) The service plan and revised service plan must be entered into the client's record,
including notice of a change in a client's fees when applicable.
 new text end

new text begin (e) Staff providing home care services must be informed of the current written
service plan.
 new text end

new text begin (f) The service plan must include:
 new text end

new text begin (1) a description of the home care services to be provided, the fees for services, and
the frequency of each service, according to the client's current review or assessment and
client preferences;
 new text end

new text begin (2) the identification of the staff or categories of staff who will provide the services;
 new text end

new text begin (3) the schedule and methods of monitoring reviews or assessments of the client;
 new text end

new text begin (4) the frequency of sessions of supervision of staff and type of personnel who
will supervise staff; and
 new text end

new text begin (5) a contingency plan that includes:
 new text end

new text begin (i) the action to be taken by the home care provider and by the client or client's
representative if the scheduled service cannot be provided;
 new text end

new text begin (ii) information and method for a client or client's representative to contact the
home care provider;
 new text end

new text begin (iii) names and contact information of persons the client wishes to have notified
in an emergency or if there is a significant adverse change in the client's condition,
including identification of and information as to who has authority to sign for the client in
an emergency; and
 new text end

new text begin (iv) the circumstances in which emergency medical services are not to be summoned
consistent with chapters 145B and 145C, and declarations made by the client under those
chapters.
 new text end

new text begin Subd. 10. new text end

new text begin Termination of service plan. new text end

new text begin (a) If a home care provider terminates a
service plan with a client, and the client continues to need home care services, the home
care provider shall provide the client and the client's representative, if any, with a written
notice of termination which includes the following information:
 new text end

new text begin (1) the effective date of termination;
 new text end

new text begin (2) the reason for termination;
 new text end

new text begin (3) a list of known licensed home care providers in the client's immediate geographic
area;
 new text end

new text begin (4) a statement that the home care provider will participate in a coordinated transfer
of care of the client to another home care provider, health care provider, or caregiver, as
required by the home care bill of rights, section 144A.44, subdivision 1, clause (17);
 new text end

new text begin (5) the name and contact information of a person employed by the home care
provider with whom the client may discuss the notice of termination; and
 new text end

new text begin (6) if applicable, a statement that the notice of termination of home care services
does not constitute notice of termination of the housing with services contract with a
housing with services establishment.
 new text end

new text begin (b) When the home care provider voluntarily discontinues services to all clients, the
home care provider must notify the commissioner, lead agencies, and the ombudsman for
long-term care about its clients and comply with the requirements in this subdivision.
 new text end

new text begin Subd. 11. new text end

new text begin Client complaint and investigative process. new text end

new text begin (a) The home care
provider must have a written policy and system for receiving, investigating, reporting,
and attempting to resolve complaints from its clients or clients' representatives. The
policy should clearly identify the process by which clients may file a complaint or concern
about home care services and an explicit statement that the home care provider will not
discriminate or retaliate against a client for expressing concerns or complaints. A home
care provider must have a process in place to conduct investigations of complaints made
by the client or the client's representative about the services in the client's plan that are or
are not being provided or other items covered in the client's home care bill of rights. This
complaint system must provide reasonable accommodations for any special needs of the
client or client's representative if requested.
 new text end

new text begin (b) The home care provider must document the complaint, name of the client,
investigation, and resolution of each complaint filed. The home care provider must
maintain a record of all activities regarding complaints received, including the date the
complaint was received, and the home care provider's investigation and resolution of the
complaint. This complaint record must be kept for each event for at least two years after
the date of entry and must be available to the commissioner for review.
 new text end

new text begin (c) The required complaint system must provide for written notice to each client or
client's representative that includes:
 new text end

new text begin (1) the client's right to complain to the home care provider about the services received;
 new text end

new text begin (2) the name or title of the person or persons with the home care provider to contact
with complaints;
 new text end

new text begin (3) the method of submitting a complaint to the home care provider; and
 new text end

new text begin (4) a statement that the provider is prohibited against retaliation according to
paragraph (d).
 new text end

new text begin (d) A home care provider must not take any action that negatively affects a client
in retaliation for a complaint made or a concern expressed by the client or the client's
representative.
 new text end

new text begin Subd. 12. new text end

new text begin Disaster planning and emergency preparedness plan. new text end

new text begin The home care
provider must have a written plan of action to facilitate the management of the client's care
and services in response to a natural disaster, such as flood and storms, or other emergencies
that may disrupt the home care provider's ability to provide care or services. The licensee
must provide adequate orientation and training of staff on emergency preparedness.
 new text end

new text begin Subd. 13. new text end

new text begin Request for discontinuation of life-sustaining treatment. new text end

new text begin (a) If a
client, family member, or other caregiver of the client requests that an employee or other
agent of the home care provider discontinue a life-sustaining treatment, the employee or
agent receiving the request:
 new text end

new text begin (1) shall take no action to discontinue the treatment; and
 new text end

new text begin (2) shall promptly inform their supervisor or other agent of the home care provider
of the client's request.
 new text end

new text begin (b) Upon being informed of a request for termination of treatment, the home care
provider shall promptly:
 new text end

new text begin (1) inform the client that the request will be made known to the physician who
ordered the client's treatment;
 new text end

new text begin (2) inform the physician of the client's request; and
 new text end

new text begin (3) work with the client and the client's physician to comply with the provisions of
the Health Care Directive Act in chapter 145C.
 new text end

new text begin (c) This section does not require the home care provider to discontinue treatment,
except as may be required by law or court order.
 new text end

new text begin (d) This section does not diminish the rights of clients to control their treatments,
refuse services, or terminate their relationships with the home care provider.
 new text end

new text begin (e) This section shall be construed in a manner consistent with chapter 145B or
145C, whichever applies, and declarations made by clients under those chapters.
 new text end

Sec. 18.

new text begin [144A.4792] MEDICATION MANAGEMENT.
 new text end

new text begin Subdivision 1. new text end

new text begin Medication management services; comprehensive home care
license. new text end

new text begin (a) This subdivision applies only to home care providers with a comprehensive
home care license that provides medication management services to clients. Medication
management services may not be provided by a home care provider that has a basic
home care license.
 new text end

new text begin (b) A comprehensive home care provider who provides medication management
services must develop, implement, and maintain current written medication management
policies and procedures. The policies and procedures must be developed under the
supervision and direction of a registered nurse, licensed health professional, or pharmacist
consistent with current practice standards and guidelines.
 new text end

new text begin (c) The written policies and procedures must address requesting and receiving
prescriptions for medications; preparing and giving medications; verifying that
prescription drugs are administered as prescribed; documenting medication management
activities; controlling and storing medications; monitoring and evaluating medication use;
resolving medication errors; communicating with the prescriber, pharmacist, and client
and client representative, if any; disposing of unused medications; and educating clients
and client representatives about medications. When controlled substances are being
managed, the policies and procedures must also identify how the provider will ensure
security and accountability for the overall management, control, and disposition of those
substances in compliance with state and federal regulations and with subdivision 22.
 new text end

new text begin Subd. 2. new text end

new text begin Provision of medication management services. new text end

new text begin (a) For each client who
requests medication management services, the comprehensive home care provider shall,
prior to providing medication management services, have a registered nurse, licensed
health professional, or authorized prescriber under section 151.37 conduct an assessment
to determine what mediation management services will be provided and how the services
will be provided. This assessment must be conducted face-to-face with the client. The
assessment must include an identification and review of all medications the client is known
to be taking. The review and identification must include indications for medications, side
effects, contraindications, allergic or adverse reactions, and actions to address these issues.
 new text end

new text begin (b) The assessment must identify interventions needed in management of
medications to prevent diversion of medication by the client or others who may have
access to the medications. Diversion of medications means the misuse, theft, or illegal
or improper disposition of medications.
 new text end

new text begin Subd. 3. new text end

new text begin Individualized medication monitoring and reassessment. new text end

new text begin The
comprehensive home care provider must monitor and reassess the client's medication
management services as needed under subdivision 14 when the client presents with
symptoms or other issues that may be medication-related and, at a minimum, annually.
 new text end

new text begin Subd. 4. new text end

new text begin Client refusal. new text end

new text begin The home care provider must document in the client's
record any refusal for an assessment for medication management by the client. The
provider must discuss with the client the possible consequences of the client's refusal and
document the discussion in the client's record.
 new text end

new text begin Subd. 5. new text end

new text begin Individualized medication management plan. new text end

new text begin For each client receiving
medication management services, the comprehensive home care provider must prepare
and include in the service plan a written medication management plan. The written plan
must be updated when changes are made to the plan. The plan must contain at least the
following provisions:
 new text end

new text begin (1) a statement describing the medication management services that will be provided;
 new text end

new text begin (2) a description of storage of medications based on the client's needs and
preferences, risk of diversion, and consistent with the manufacturer's directions;
 new text end

new text begin (3) procedures for documenting medications that clients are taking;
 new text end

new text begin (4) procedures for verifying all prescription drugs are administered as prescribed;
 new text end

new text begin (5) procedures for monitoring medication use to prevent possible complications or
adverse reactions;
 new text end

new text begin (6) identification of persons responsible for monitoring medication supplies and
ensuring that medication refills are ordered on a timely basis;
 new text end

new text begin (7) identification of medication management tasks that may be delegated to
unlicensed personnel; and
 new text end

new text begin (8) procedures for staff notifying a registered nurse or appropriate licensed health
professional when a problem arises with medication management services.
 new text end

new text begin Subd. 6. new text end

new text begin Administration of medication. new text end

new text begin Medications may be administered by a
nurse, physician, or other licensed health practitioner authorized to administer medications
or by unlicensed personnel who have been delegated medication administration tasks by
a registered nurse.
 new text end

new text begin Subd. 7. new text end

new text begin Delegation of medication administration. new text end

new text begin When administration of
medications is delegated to unlicensed personnel, the comprehensive home care provider
must ensure that the registered nurse has:
 new text end

new text begin (1) instructed the unlicensed personnel in the proper methods to administer the
medications with respect to each client, and the unlicensed personnel has demonstrated
ability to competently follow the procedures;
 new text end

new text begin (2) specified, in writing, specific instructions for each client and documented those
instructions in the client's records; and
 new text end

new text begin (3) communicated with the unlicensed personnel about the individual needs of
the client.
 new text end

new text begin Subd. 8. new text end

new text begin Documentation of administration of medications. new text end

new text begin Each medication
administered by comprehensive home care provider staff must be documented in the
client's record. The documentation must include the signature and title of the person
who administered the medication. The documentation must include the medication
name, dosage, date and time administered, and method and route of administration. The
staff must document the reason why medication administration was not completed as
prescribed and document any follow-up procedures that were provided to meet the client's
needs when medication was not administered as prescribed and in compliance with the
client's medication management plan.
 new text end

new text begin Subd. 9. new text end

new text begin Documentation of medication set up. new text end

new text begin Documentation of dates of
medication set up, name of medication, quantity of dose, times to be administered, route
of administration, and name of person completing medication set up must be done at
time of set up.
 new text end

new text begin Subd. 10. new text end

new text begin Medications when client is away from home. new text end

new text begin (a) A home care provider
providing medication management services must develop a policy and procedures for the
issuance of medications to clients for planned and unplanned times the client will be
away from home and need to have their medications with them which complies with
the following:
 new text end

new text begin (1) for planned time away, the medications must be obtained from the pharmacy or
set up by the registered nurse according to appropriate state and federal laws and nurse
standards of practice; and
 new text end

new text begin (2) for unplanned times away from home for temporary periods when an adequate
medication supply cannot be obtained from the pharmacy or set up by the registered nurse in
a timely manner, the provider may allow an unlicensed personnel to set up the medications.
 new text end

new text begin (b) The task of medication set up may be done by an unlicensed personnel who is
trained and has been determined competent according to subdivisions 6 and 7. Prior
to providing the medications to the client, the unlicensed personnel must speak with
the registered nurse to ensure that all appropriate precautions are taken. The unlicensed
personnel may provide the client or the client's representative up to a 72-hour supply of
the client's medications.
 new text end

new text begin (c) When preparing the medications, the medications must be taken from the
original containers prepared by the pharmacist and then placed in a suitable container. The
container must be labeled with the client's name; the medication name, strength, dose, and
route of administration; and the dates and times the medications are to be taken by the
client and any other information that the client should know regarding the medications.
For those medications which cannot be prepared in advance, the client must be given
the original container and complete directions and information for the administration
of that medication.
 new text end

new text begin (d) The client or client's representative must also be provided in writing with the home
care provider's name and contact information for the home care provider's registered nurse.
 new text end

new text begin The unlicensed personnel must document in the client's record the date the medications
were provided to the client; the name of medication; the medication's strength, dose, and
routes and administration times; the amounts of medications that were provided to the
client and to whom the medications were given. The registered nurse must review the
set up of medication and documentation to ensure that the issuance of medications by the
unlicensed personnel was handled appropriately.
 new text end

new text begin Subd. 11. new text end

new text begin Prescribed and nonprescribed medication. new text end

new text begin The comprehensive home
care provider must determine whether it will require a prescription for all medications it
manages. The comprehensive home care provider must inform the client or the client's
representative whether the comprehensive home care provider requires a prescription
for all over-the-counter and dietary supplements before the comprehensive home care
provider will agree to manage those medications.
 new text end

new text begin Subd. 12. new text end

new text begin Medications; over-the-counter; dietary supplements not prescribed.
 new text end

new text begin A comprehensive home care provider providing medication management services for
over-the-counter drugs or dietary supplements must retain those items in the original labeled
container with directions for use prior to setting up for immediate or later administration.
The provider must verify that the medications are up-to-date and stored as appropriate.
 new text end

new text begin Subd. 13. new text end

new text begin Prescriptions. new text end

new text begin There must be a current written or electronically recorded
prescription as defined in Minnesota Rules, part 6800.0100, subpart 11a, for all prescribed
medications that the comprehensive home care provider is managing for the client.
 new text end

new text begin Subd. 14. new text end

new text begin Renewal of prescriptions. new text end

new text begin Prescriptions must be renewed at least
every 12 months or more frequently as indicated by the assessment in subdivision 2.
Prescriptions for controlled substances must comply with chapter 152.
 new text end

new text begin Subd. 15. new text end

new text begin Verbal prescription orders. new text end

new text begin Verbal prescription orders from an
authorized prescriber must be received by a nurse or pharmacist. The order must be
handled according to Minnesota Rules, part 6800.6200.
new text end

new text begin Subd. 16. new text end

new text begin Written or electronic prescription. new text end

new text begin When a written or electronic
prescription is received, it must be communicated to the registered nurse in charge and
recorded or placed in the client's record.
 new text end

new text begin Subd. 17. new text end

new text begin Records confidential. new text end

new text begin A prescription or order received verbally, in
writing, or electronically must be kept confidential according to sections 144.291 to
144.298 and 144A.44.
 new text end

new text begin Subd. 18. new text end

new text begin Medications provided by client or family members. new text end

new text begin When the
comprehensive home care provider is aware of any medications or dietary supplements
that are being used by the client and are not included in the assessment for medication
management services, the staff must advise the registered nurse and document that in
the client's record.
 new text end

new text begin Subd. 19. new text end

new text begin Storage of drugs. new text end

new text begin A comprehensive home care provider providing
storage of medications outside of the client's private living space must store all prescription
drugs in securely locked and substantially constructed compartments according to the
manufacturer's directions and permit only authorized personnel to have access.
 new text end

new text begin Subd. 20. new text end

new text begin Prescription drugs. new text end

new text begin A prescription drug, prior to being set up for
immediate or later administration, must be kept in the original container in which it was
dispensed by the pharmacy bearing the original prescription label with legible information
including the expiration or beyond-use date of a time-dated drug.
 new text end

new text begin Subd. 21. new text end

new text begin Prohibitions. new text end

new text begin No prescription drug supply for one client may be used or
saved for use by anyone other than the client.
 new text end

new text begin Subd. 22. new text end

new text begin Disposition of drugs. new text end

new text begin (a) Any current medications being managed by the
comprehensive home care provider must be given to the client or the client's representative
when the client's service plan ends or medication management services are no longer part
of the service plan. Medications that have been stored in the client's private living space
for a client that is deceased or that have been discontinued or that have expired may be
given to the client or the client's representative for disposal.
 new text end

new text begin (b) The comprehensive home care provider will dispose of any medications
remaining with the comprehensive home care provider that are discontinued or expired or
upon the termination of the service contract or the client's death according to state and
federal regulations for disposition of drugs and controlled substances.
 new text end

new text begin (c) Upon disposition, the comprehensive home care provider must document in the
client's record the disposition of the medications including the medication's name, strength,
prescription number as applicable, quantity, to whom the medications were given, date of
disposition, and names of staff and other individuals involved in the disposition.
 new text end

new text begin Subd. 23. new text end

new text begin Loss or spillage. new text end

new text begin (a) Comprehensive home care providers providing
medication management must develop and implement procedures for loss or spillage of all
controlled substances defined in Minnesota Rules, part 6800.4220. These procedures must
require that when a spillage of a controlled substance occurs, a notation must be made
in the client's record explaining the spillage and the actions taken. The notation must
be signed by the person responsible for the spillage and include verification that any
contaminated substance was disposed of according to state or federal regulations.
 new text end

new text begin (b) The procedures must require the comprehensive home care provider of
medication management to investigate any known loss or unaccounted for prescription
drugs and take appropriate action required under state or federal regulations and document
the investigation in required records.
 new text end

Sec. 19.

new text begin [144A.4793] TREATMENT AND THERAPY MANAGEMENT
SERVICES.
 new text end

new text begin Subdivision 1. new text end

new text begin Providers with a comprehensive home care license. new text end

new text begin This section
applies only to home care providers with a comprehensive home care license that provide
treatment or therapy management services to clients. Treatment or therapy management
services cannot be provided by a home care provider that has a basic home care license.
 new text end

new text begin Subd. 2. new text end

new text begin Policies and procedures. new text end

new text begin (a) A comprehensive home care provider who
provides treatment and therapy management services must develop, implement, and
maintain up-to-date written treatment or therapy management policies and procedures.
The policies and procedures must be developed under the supervision and direction of
a registered nurse or appropriate licensed health professional consistent with current
practice standards and guidelines.
 new text end

new text begin (b) The written policies and procedures must address requesting and receiving
orders or prescriptions for treatments or therapies, providing the treatment or therapy,
documenting of treatment or therapy activities, educating and communicating with clients
about treatments or therapy they are receiving, monitoring and evaluating the treatment
and therapy, and communicating with the prescriber.
 new text end

new text begin Subd. 3. new text end

new text begin Individualized treatment or therapy management plan. new text end

new text begin For each
client receiving management of ordered or prescribed treatments or therapy services, the
comprehensive home care provider must include in the service plan a written management
plan which contains at least the following provisions:
 new text end

new text begin (1) a statement of the type of services that will be provided;
 new text end

new text begin (2) procedures for documenting treatments or therapies the client is receiving;
 new text end

new text begin (3) procedures for monitoring treatments or therapy to prevent possible
complications or adverse reactions;
 new text end

new text begin (4) identification of treatment or therapy tasks that will be delegated to unlicensed
personnel; and
 new text end

new text begin (5) procedures for notifying a registered nurse or appropriate licensed health
professional when a problem arises with treatments or therapy services.
 new text end

new text begin Subd. 4. new text end

new text begin Administration of treatments and therapy. new text end

new text begin Ordered or prescribed
treatments or therapies must be administered by a nurse, physician, or other licensed health
professional authorized to perform the treatment or therapy, or may be delegated or assigned
to unlicensed personnel by the licensed health professional according to the appropriate
practice standards for delegation or assignment. When administration of a treatment or
therapy is delegated or assigned to unlicensed personnel, the home care provider must
ensure that the registered nurse or authorized licensed health professional has:
 new text end

new text begin (1) instructed the unlicensed personnel in the proper methods with respect to each
client and has demonstrated their ability to competently follow the procedures;
 new text end

new text begin (2) specified, in writing, specific instructions for each client and documented those
instructions in the client's record; and
 new text end

new text begin (3) communicated with the unlicensed personnel about the individual needs of
the client.
 new text end

new text begin Subd. 5. new text end

new text begin Documentation of administration of treatments and therapies. new text end

new text begin Each
treatment or therapy administered by a comprehensive home care provider must be
documented in the client's record. The documentation must include the signature and title
of the person who administered the treatment or therapy and must include the date and
time of administration. When treatment or therapies are not administered as ordered or
prescribed, the provider must document the reason why it was not administered and any
follow-up procedures that were provided to meet the client's needs.
 new text end

new text begin Subd. 6. new text end

new text begin Orders or prescriptions. new text end

new text begin There must be an up-to-date written or
electronically recorded order or prescription for all treatments and therapies. The order
must contain the name of the client, description of the treatment or therapy to be provided,
and the frequency and other information needed to administer the treatment or therapy.
 new text end

Sec. 20.

new text begin [144A.4794] CLIENT RECORD REQUIREMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Client record. new text end

new text begin (a) The home care provider must maintain records
for each client for whom it is providing services. Entries in the client records must be
current, legible, permanently recorded, dated, and authenticated with the name and title
of the person making the entry.
 new text end

new text begin (b) Client records, whether written or electronic, must be protected against loss,
tampering, or unauthorized disclosure in compliance with chapter 13 and other applicable
relevant federal and state laws. The home care provider shall establish and implement
written procedures to control use, storage, and security of client's records and establish
criteria for release of client information.
 new text end

new text begin (c) The home care provider may not disclose to any other person any personal,
financial, medical, or other information about the client, except:
 new text end

new text begin (1) as may be required by law;
 new text end

new text begin (2) to employees or contractors of the home care provider, another home care
provider, other health care practitioner or provider, or inpatient facility needing
information in order to provide services to the client, but only such information that
is necessary for the provision of services;
 new text end

new text begin (3) to persons authorized in writing by the client or the client's representative to
receive the information, including third-party payers; and
 new text end

new text begin (4) to representatives of the commissioner authorized to survey or investigate home
care providers under this chapter or federal laws.
 new text end

new text begin Subd. 2. new text end

new text begin Access to records. new text end

new text begin The home care provider must ensure that the
appropriate records are readily available to employees or contractors authorized to access
the records. Client records must be maintained in a manner that allows for timely access,
printing, or transmission of the records.
 new text end

new text begin Subd. 3. new text end

new text begin Contents of client record. new text end

new text begin Contents of a client record include the
following for each client:
 new text end

new text begin (1) identifying information, including the client's name, date of birth, address, and
telephone number;
 new text end

new text begin (2) the name, address, and telephone number of an emergency contact, family
members, client's representative, if any, or others as identified;
 new text end

new text begin (3) names, addresses, and telephone numbers of the client's health and medical
service providers and other home care providers, if known;
 new text end

new text begin (4) health information, including medical history, allergies, and when the provider
is managing medications, treatments or therapies that require documentation, and other
relevant health records;
 new text end

new text begin (5) client's advance directives, if any;
 new text end

new text begin (6) the home care provider's current and previous assessments and service plans;
 new text end

new text begin (7) all records of communications pertinent to the client's home care services;
 new text end

new text begin (8) documentation of significant changes in the client's status and actions taken in
response to the needs of the client including reporting to the appropriate supervisor or
health care professional;
 new text end

new text begin (9) documentation of incidents involving the client and actions taken in response
to the needs of the client including reporting to the appropriate supervisor or health
care professional;
 new text end

new text begin (10) documentation that services have been provided as identified in the service plan;
 new text end

new text begin (11) documentation that the client has received and reviewed the home care bill
of rights;
 new text end

new text begin (12) documentation that the client has been provided the statement of disclosure on
limitations of services under section 144A.4791, subdivision 3;
 new text end

new text begin (13) documentation of complaints received and resolution;
 new text end

new text begin (14) discharge summary, including service termination notice and related
documentation, when applicable; and
 new text end

new text begin (15) other documentation required under this chapter and relevant to the client's
services or status.
 new text end

new text begin Subd. 4. new text end

new text begin Transfer of client records. new text end

new text begin If a client transfers to another home care
provider or other health care practitioner or provider, or is admitted to an inpatient facility,
the home care provider, upon request of the client or the client's representative, shall take
steps to ensure a coordinated transfer including sending a copy or summary of the client's
record to the new home care provider, facility, or the client, as appropriate.
 new text end

new text begin Subd. 5. new text end

new text begin Record retention. new text end

new text begin Following the client's discharge or termination of
services, a home care provider must retain a client's record for at least five years, or as
otherwise required by state or federal regulations. Arrangements must be made for secure
storage and retrieval of client records if the home care provider ceases business.
 new text end

Sec. 21.

new text begin [144A.4795] HOME CARE PROVIDER RESPONSIBILITIES; STAFF.
 new text end

new text begin Subdivision 1. new text end

new text begin Qualifications, training, and competency. new text end

new text begin All staff providing
home care services must be trained and competent in the provision of home care services
consistent with current practice standards appropriate to the client's needs.
 new text end

new text begin Subd. 2. new text end

new text begin Licensed health professionals and nurses. new text end

new text begin (a) Licensed health
professionals and nurses providing home care services as an employee of a licensed home
care provider must possess current Minnesota license or registration to practice.
 new text end

new text begin (b) Licensed health professionals and registered nurses must be competent in
assessing client needs, planning appropriate home care services to meet client needs,
implementing services, and supervising staff if assigned.
 new text end

new text begin (c) Nothing in this section limits or expands the rights of nurses or licensed health
professionals to provide services within the scope of their licenses or registrations, as
provided by law.
 new text end

new text begin Subd. 3. new text end

new text begin Unlicensed personnel. new text end

new text begin (a) Unlicensed personnel providing basic home
care services must have:
 new text end

new text begin (1) successfully completed a training and competency evaluation appropriate to
the services provided by the home care provider and the topics listed in subdivision 7,
paragraph (b); or
 new text end

new text begin (2) demonstrated competency by satisfactorily completing a written or oral test on
the tasks the unlicensed personnel will perform and in the topics listed in subdivision
7, paragraph (b); and successfully demonstrate competency of topics in subdivision 7,
paragraph (b), clauses (5), (7), and (8), by a practical skills test.
 new text end

new text begin Unlicensed personnel providing home care services for a basic home care provider may
not perform delegated nursing or therapy tasks.
 new text end

new text begin (b) Unlicensed personnel performing delegated nursing tasks for a comprehensive
home care provider must have:
 new text end

new text begin (1) successfully completed training and demonstrated competency by successfully
completing a written or oral test of the topics in subdivision 7, paragraphs (b) and (c), and
a practical skills test on tasks listed in subdivision 7, paragraphs (b), clauses (5) and (7),
and (c), clauses (3), (5), (6), and (7), and all the delegated tasks they will perform; or
 new text end

new text begin (2) satisfy the current requirements of Medicare for training or competency of home
health aides or nursing assistants, as provided by Code of Federal Regulations, title 42,
section 483 or section 484.36; or
 new text end

new text begin (3) before April 19, 1993, completed a training course for nursing assistants that was
approved by the commissioner.
 new text end

new text begin (c) Unlicensed personnel performing therapy or treatment tasks delegated or
assigned by a licensed health professional must meet the requirements for delegated
tasks in subdivision 4 and any other training or competency requirements within the
licensed health professional scope of practice relating to delegation or assignment of tasks
to unlicensed personnel.
 new text end

new text begin Subd. 4. new text end

new text begin Delegation of home care tasks. new text end

new text begin A registered nurse or licensed health
professional may delegate tasks only to staff that are competent and possess the knowledge
and skills consistent with the complexity of the tasks and according to the appropriate
Minnesota Practice Act. The comprehensive home care provider must establish and
implement a system to communicate up-to-date information to the registered nurse or
licensed health professional regarding the current available staff and their competency so
the registered nurse or licensed health professional has sufficient information to determine
the appropriateness of delegating tasks to meet individual client needs and preferences.
 new text end

new text begin Subd. 5. new text end

new text begin Individual contractors. new text end

new text begin When a home care provider contracts with an
individual contractor excluded from licensure under section 144A.471 to provide home
care services, the contractor must meet the same requirements required by this section for
personnel employed by the home care provider.
 new text end

new text begin Subd. 6. new text end

new text begin Temporary staff. new text end

new text begin When a home care provider contracts with a temporary
staffing agency excluded from licensure under section 144A.471, those individuals must
meet the same requirements required by this section for personnel employed by the home
care provider and shall be treated as if they are staff of the home care provider.
 new text end

new text begin Subd. 7. new text end

new text begin Requirements for instructors, training content, and competency
evaluations for unlicensed personnel. new text end

new text begin (a) Instructors and competency evaluators must
meet the following requirements:
 new text end

new text begin (1) training and competency evaluations of unlicensed personnel providing basic
home care services must be conducted by individuals with work experience and training in
providing home care services listed in section 144A.471, subdivisions 6 and 7; and
 new text end

new text begin (2) training and competency evaluations of unlicensed personnel providing
comprehensive home care services must be conducted by a registered nurse, or another
instructor may provide training in conjunction with the registered nurse. If the home care
provider is providing services by licensed health professionals only, then that specific
training and competency evaluation may be conducted by the licensed health professionals
as appropriate.
 new text end

new text begin (b) Training and competency evaluations for all unlicensed personnel must include
the following:
 new text end

new text begin (1) documentation requirements for all services provided;
 new text end

new text begin (2) reports of changes in the client's condition to the supervisor designated by the
home care provider;
 new text end

new text begin (3) basic infection control, including blood-borne pathogens;
 new text end

new text begin (4) maintenance of a clean and safe environment;
 new text end

new text begin (5) appropriate and safe techniques in personal hygiene and grooming, including:
 new text end

new text begin (i) hair care and bathing;
 new text end

new text begin (ii) care of teeth, gums, and oral prosthetic devices;
 new text end

new text begin (iii) care and use of hearing aids; and
 new text end

new text begin (iv) dressing and assisting with toileting;
 new text end

new text begin (6) training on the prevention of falls for providers working with the elderly or
individuals at risk of falls;
 new text end

new text begin (7) standby assistance techniques and how to perform them;
 new text end

new text begin (8) medication, exercise, and treatment reminders;
 new text end

new text begin (9) basic nutrition, meal preparation, food safety, and assistance with eating;
 new text end

new text begin (10) preparation of modified diets as ordered by a licensed health professional;
 new text end

new text begin (11) communication skills that include preserving the dignity of the client and
showing respect for the client and the client's preferences, cultural background, and family;
 new text end

new text begin (12) awareness of confidentiality and privacy;
 new text end

new text begin (13) understanding appropriate boundaries between staff and clients and the client's
family;
 new text end

new text begin (14) procedures to utilize in handling various emergency situations; and
 new text end

new text begin (15) awareness of commonly used health technology equipment and assistive devices.
 new text end

new text begin (c) In addition to paragraph (b), training and competency evaluation for unlicensed
personnel providing comprehensive home care services must include:
 new text end

new text begin (1) observation, reporting, and documenting of client status;
 new text end

new text begin (2) basic knowledge of body functioning and changes in body functioning, injuries,
or other observed changes that must be reported to appropriate personnel;
 new text end

new text begin (3) reading and recording temperature, pulse, and respirations of the client;
 new text end

new text begin (4) recognizing physical, emotional, cognitive, and developmental needs of the client;
 new text end

new text begin (5) safe transfer techniques and ambulation;
 new text end

new text begin (6) range of motioning and positioning; and
 new text end

new text begin (7) administering medications or treatments as required.
 new text end

new text begin (d) When the registered nurse or licensed health professional delegates tasks, they
must ensure that prior to the delegation the unlicensed personnel is trained in the proper
methods to perform the tasks or procedures for each client and are able to demonstrate
the ability to competently follow the procedures and perform the tasks. If an unlicensed
personnel has not regularly performed the delegated home care task for a period of 24
consecutive months, the unlicensed personnel must demonstrate competency in the task
to the registered nurse or appropriate licensed health professional. The registered nurse
or licensed health professional must document instructions for the delegated tasks in
the client's record.
 new text end

Sec. 22.

new text begin [144A.4796] ORIENTATION AND ANNUAL TRAINING
REQUIREMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Orientation of staff and supervisors to home care. new text end

new text begin All staff
providing and supervising direct home care services must complete an orientation to home
care licensing requirements and regulations before providing home care services to clients.
The orientation may be incorporated into the training required under subdivision 6. The
orientation need only be completed once for each staff person and is not transferable
to another home care provider.
 new text end

new text begin Subd. 2. new text end

new text begin Content. new text end

new text begin The orientation must contain the following topics:
 new text end

new text begin (1) an overview of sections 144A.43 to 144A.4798;
 new text end

new text begin (2) introduction and review of all the provider's policies and procedures related to
the provision of home care services;
 new text end

new text begin (3) handling of emergencies and use of emergency services;
 new text end

new text begin (4) compliance with and reporting the maltreatment of minors or vulnerable adults
under sections 626.556 and 626.557;
 new text end

new text begin (5) home care bill of rights, under section 144A.44;
 new text end

new text begin (6) handling of clients' complaints; reporting of complaints and where to report
complaints including information on the Office of Health Facility Complaints and the
Common Entry Point;
 new text end

new text begin (7) consumer advocacy services of the Office of Ombudsman for Long-Term Care,
Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care
Ombudsman at the Department of Human Services, county managed care advocates,
or other relevant advocacy services; and
 new text end

new text begin (8) review of the types of home care services the employee will be providing and
the provider's scope of licensure.
 new text end

new text begin Subd. 3. new text end

new text begin Verification and documentation of orientation. new text end

new text begin Each home care provider
shall retain evidence in the employee record of each staff person having completed the
orientation required by this section.
 new text end

new text begin Subd. 4. new text end

new text begin Orientation to client. new text end

new text begin Staff providing home care services must be oriented
specifically to each individual client and the services to be provided. This orientation may
be provided in person, orally, in writing, or electronically.
 new text end

new text begin Subd. 5. new text end

new text begin Training required relating to Alzheimer's disease and related
disorders. new text end

new text begin For home care providers that market, promote, or provide services for persons
with Alzheimer's or related disorders, all direct care staff and their supervisors must
receive training that includes a current explanation of Alzheimer's disease and related
disorders, how to assist clients with activities of daily living, effective approaches to
use to problem solve when working with a client's challenging behaviors, and how to
communicate with clients who have Alzheimer's or related disorders.
 new text end

new text begin Subd. 6. new text end

new text begin Required annual training. new text end

new text begin All staff that perform direct home care
services must complete at least eight hours of annual training for each 12 months of
employment. The training may be obtained from the home care provider or another source
and must include topics relevant to the provision of home care services. The annual
training must include:
 new text end

new text begin (1) training on reporting of maltreatment of minors under section 626.556 and
maltreatment of vulnerable adults under section 626.557, whichever is applicable to the
services provided;
 new text end

new text begin (2) review of the home care bill of rights in section 144A.44;
 new text end

new text begin (3) review of infection control techniques used in the home and implementation of
infection control standards including a review of hand washing techniques; the need for
and use of protective gloves, gowns, and masks; appropriate disposal of contaminated
materials and equipment, such as dressings, needles, syringes, and razor blades;
disinfecting reusable equipment; disinfecting environmental surfaces; and reporting of
communicable diseases; and
 new text end

new text begin (4) review of the provider's policies and procedures relating to the provision of home
care services and how to implement those policies and procedures.
 new text end

new text begin Subd. 7. new text end

new text begin Documentation. new text end

new text begin A home care provider must retain documentation in the
employee records of the staff that have satisfied the orientation and training requirements
of this section.
 new text end

Sec. 23.

new text begin [144A.4797] PROVISION OF SERVICES.
 new text end

new text begin Subdivision 1. new text end

new text begin Availability of contact person to staff. new text end

new text begin (a) A home care provider
with a basic home care license must have a person available to staff for consultation on
items relating to the provision of services or about the client.
 new text end

new text begin (b) A home care provider with a comprehensive home care license must have a
registered nurse available for consultation to staff performing delegated nursing tasks
and must have an appropriate licensed health professional available if performing other
delegated services such as therapies.
 new text end

new text begin (c) The appropriate contact person must be readily available either in person, by
telephone, or by other means to the staff at times when the staff is providing services.
 new text end

new text begin Subd. 2. new text end

new text begin Supervision of staff; basic home care services. new text end

new text begin (a) Staff who perform
basic home care services must be supervised periodically where the services are being
provided to verify that the work is being performed competently and to identify problems
and solutions to address issues relating to the staff's ability to provide the services. The
supervision of the unlicensed personnel must be done by staff of the home care provider
having the authority, skills, and ability to provide the supervision of unlicensed personnel
and who can implement changes as needed, and train staff.
 new text end

new text begin (b) Supervision includes direct observation of unlicensed personnel while they
are providing the services and may also include indirect methods of gaining input such
as gathering feedback from the client. Supervisory review of staff must be provided at a
frequency based on the staff person's competency and performance.
 new text end

new text begin (c) For an individual who is licensed as a home care provider, this section does
not apply.
 new text end

new text begin Subd. 3. new text end

new text begin Supervision of staff providing delegated nursing or therapy home
care tasks. new text end

new text begin (a) Staff who perform delegated nursing or therapy home care tasks must be
supervised by an appropriate licensed health professional or a registered nurse periodically
where the services are being provided to verify that the work is being performed
competently and to identify problems and solutions related to the staff person's ability to
perform the tasks. Supervision of staff performing medication or treatment administration
shall be provided by a registered nurse or appropriate licensed health professional and
must include observation of the staff administering the medication or treatment and the
interaction with the client.
 new text end

new text begin (b) The direct supervision of staff performing delegated tasks must be provided
within 30 days after the individual begins working for the home care provider and
thereafter as needed based on performance. This requirement also applies to staff who
have not performed delegated tasks for one year or longer.
 new text end

new text begin Subd. 4. new text end

new text begin Documentation. new text end

new text begin A home care provider must retain documentation of
supervision activities in the personnel records.
 new text end

new text begin Subd. 5. new text end

new text begin Exemption. new text end

new text begin This section does not apply to an individual licensed under
sections 144A.43 to 144A.4799.
 new text end

Sec. 24.

new text begin [144A.4798] EMPLOYEE HEALTH STATUS.
 new text end

new text begin Subdivision 1. new text end

new text begin Tuberculosis (TB) prevention and control. new text end

new text begin A home care provider
must establish and maintain a TB prevention and control program based on the most
current guidelines issued by the Centers for Disease Control and Prevention (CDC).
Components of a TB prevention and control program include screening all staff providing
home care services, both paid and unpaid, at the time of hire for active TB disease and
latent TB infection, and developing and implementing a written TB infection control plan.
The commissioner shall make the most recent CDC standards available to home care
providers on the department's Web site.
 new text end

new text begin Subd. 2. new text end

new text begin Communicable diseases. new text end

new text begin A home care provider must follow
current federal or state guidelines for prevention, control, and reporting of human
immunodeficiency virus (HIV), hepatitis B virus (HBV), hepatitis C virus, or other
communicable diseases as defined in Minnesota Rules, part 4605.7040.
 new text end

Sec. 25.

new text begin [144A.4799] DEPARTMENT OF HEALTH LICENSED HOME CARE
PROVIDER ADVISORY COUNCIL.
 new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The commissioner of health shall appoint eight
persons to a home care provider advisory council consisting of the following:
 new text end

new text begin (1) three public members as defined in section 214.02 who shall be either persons
who are currently receiving home care services or have family members receiving home
care services, or persons who have family members who have received home care services
within five years of the application date;
 new text end

new text begin (2) three Minnesota home care licensees representing basic and comprehensive
levels of licensure who may be a managerial official, an administrator, a supervising
registered nurse, or an unlicensed personnel performing home care tasks;
 new text end

new text begin (3) one member representing the Minnesota Board of Nursing; and
 new text end

new text begin (4) one member representing the ombudsman for long-term care.
 new text end

new text begin Subd. 2. new text end

new text begin Organizations and meetings. new text end

new text begin The advisory council shall be organized
and administered under section 15.059 with per diems and costs paid within the limits of
available appropriations. Meetings will be held quarterly and hosted by the department.
Subcommittees may be developed as necessary by the commissioner. Advisory council
meetings are subject to the Open Meeting Law under chapter 13D.
 new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin At the commissioner's request, the advisory council shall provide
advice regarding regulations of Department of Health licensed home care providers in
this chapter such as:
 new text end

new text begin (1) advice to the commissioner regarding community standards for home care
practices;
 new text end

new text begin (2) advice to the commissioner on enforcement of licensing standards and whether
certain disciplinary actions are appropriate;
 new text end

new text begin (3) advice to the commissioner about ways of distributing information to licensees
and consumers of home care;
 new text end

new text begin (4) advice to the commissioner about training standards;
 new text end

new text begin (5) identify emerging issues and opportunities in the home care field, including the
use of technology in home and telehealth capabilities; and
 new text end

new text begin (6) perform other duties as directed by the commissioner.
 new text end

Sec. 26.

new text begin [144A.481] HOME CARE LICENSING IMPLEMENTATION FOR
NEW LICENSEES AND TRANSITION PERIOD FOR CURRENT LICENSEES.
 new text end

new text begin Subdivision 1. new text end

new text begin Initial home care licenses and changes of ownership. new text end

new text begin (a)
Beginning October 1, 2013, all initial license applicants must apply for either a temporary
basic or comprehensive home care license.
 new text end

new text begin (b) Initial home care temporary licenses or licenses issued beginning October 1,
2013, will be issued according to the provisions in sections 144A.43 to 144A.4799 and
fees in section 144A.472 and will be required to comply with this chapter.
 new text end

new text begin (c) No initial temporary licenses or initial licenses will be accepted or issued
between July 1, 2013, and October 1, 2013.
 new text end

new text begin (d) Beginning July 1, 2013, changes in ownership applications will require payment
of the new fees listed in section 144A.472.
 new text end

new text begin Subd. 2. new text end

new text begin Current home care licensees with licenses on July 1, 2013. new text end

new text begin (a)
Beginning October 1, 2013, department licensed home care providers who are licensed
on July 1, 2013, must apply for either the basic or comprehensive home care license
on their regularly scheduled renewal date.
 new text end

new text begin (b) By September 30, 2014, all home care providers must either have a basic or
comprehensive home care license or temporary license.
 new text end

Sec. 27.

new text begin [144A.4811] APPLICATION OF HOME CARE LICENSURE DURING
TRANSITION PERIOD.
 new text end

new text begin Renewal of home care licenses issued beginning October 1, 2013, will be issued
according to sections 144A.43 to 144A.4799 and, upon license renewal, providers must
comply with sections 144A.43 to 144A.4799. Prior to renewal, providers must comply
with the home care licensure law in effect on June 30, 2013.
 new text end

Sec. 28.

new text begin [144A.482] REGISTRATION OF HOME MANAGEMENT
PROVIDERS.
 new text end

new text begin (a) For purposes of this section, a home management provider is an individual or
organization that provides at least two of the following services: housekeeping, meal
preparation, and shopping, to a person who is unable to perform these activities due to
illness, disability, or physical condition.
 new text end

new text begin (b) A person or organization that provides only home management services may not
operate in the state without a current certificate of registration issued by the commissioner
of health. To obtain a certificate of registration, the person or organization must annually
submit to the commissioner the name, mailing and physical address, e-mail address, and
telephone number of the individual or organization and a signed statement declaring that
the individual or organization is aware that the home care bill of rights applies to their
clients and that the person or organization will comply with the home care bill of rights
provisions contained in section 144A.44. An individual or organization applying for a
certificate must also provide the name, business address, and telephone number of each of
the individuals responsible for the management or direction of the organization.
new text end

new text begin (c) The commissioner shall charge an annual registration fee of $20 for individuals
and $50 for organizations. The registration fee shall be deposited in the state treasury and
credited to the state government special revenue fund.
 new text end

new text begin (d) A home care provider that provides home management services and other home
care services must be licensed, but licensure requirements other than the home care bill of
rights do not apply to those employees or volunteers who provide only home management
services to clients who do not receive any other home care services from the provider.
A licensed home care provider need not be registered as a home management service
provider, but must provide an orientation on the home care bill of rights to its employees
or volunteers who provide home management services.
 new text end

new text begin (e) An individual who provides home management services under this section must,
within 120 days after beginning to provide services, attend an orientation session approved
by the commissioner that provides training on the home care bill of rights and an orientation
on the aging process and the needs and concerns of elderly and disabled persons.
 new text end

new text begin (f) The commissioner may suspend or revoke a provider's certificate of registration
or assess fines for violation of the home care bill of rights. Any fine assessed for a
violation of the home care bill of rights by a provider registered under this section shall be
in the amount established in the licensure rules for home care providers. As a condition
of registration, a provider must cooperate fully with any investigation conducted by the
commissioner, including providing specific information requested by the commissioner on
clients served and the employees and volunteers who provide services. Fines collected
under this paragraph shall be deposited in the state treasury and credited to the fund
specified in the statute or rule in which the penalty was established.
 new text end

new text begin (g) The commissioner may use any of the powers granted in sections 144A.43 to
144A.4799 to administer the registration system and enforce the home care bill of rights
under this section.
 new text end

Sec. 29. new text begin INTEGRATED LICENSING SYSTEM FOR HOME CARE AND HOME
AND COMMUNITY-BASED SERVICES.
new text end

new text begin (a) The Department of Health Compliance Monitoring Division and the Department
of Human Services Licensing Division shall jointly develop an integrated licensing system
for providers of both home care services subject to licensure under Minnesota Statutes,
chapter 144A, and for home and community-based services subject to licensure under
Minnesota Statutes, chapter 245D. The integrated licensing system shall:
 new text end

new text begin (1) require only one license of any provider of services under Minnesota Statutes,
sections 144A.43 to 144A.482, and 245D.03, subdivision 1;
 new text end

new text begin (2) promote quality services that recognize a person's individual needs and protect
the person's health, safety, rights, and well-being;
 new text end

new text begin (3) promote provider accountability through application requirements, compliance
inspections, investigations, and enforcement actions;
 new text end

new text begin (4) reference other applicable requirements in existing state and federal laws,
including the federal Affordable Care Act;
 new text end

new text begin (5) establish internal procedures to facilitate ongoing communications between the
agencies, and with providers and services recipients about the regulatory activities;
 new text end

new text begin (6) create a link between the agency Web sites so that providers and the public can
access the same information regardless of which Web site is accessed initially; and
 new text end

new text begin (7) collect data on identified outcome measures as necessary for the agencies to
report to the Centers for Medicare and Medicaid Services.
 new text end

new text begin (b) The joint recommendations for legislative changes to implement the integrated
licensing system are due to the legislature by February 15, 2014.
 new text end

new text begin (c) Before implementation of the integrated licensing system, providers licensed as
home care providers under Minnesota Statutes, chapter 144A, may also provide home
and community-based services subject to licensure under Minnesota Statutes, chapter
245D, without obtaining a home and community-based services license under Minnesota
Statutes, chapter 245D. During this time, the conditions under clauses (1) to (3) shall
apply to these providers:
 new text end

new text begin (1) the provider must comply with all requirements under Minnesota Statutes, chapter
245D, for services otherwise subject to licensure under Minnesota Statutes, chapter 245D;
 new text end

new text begin (2) a violation of requirements under Minnesota Statutes, chapter 245D, may be
enforced by the Department of Health under the enforcement authority set forth in
Minnesota Statutes, section 144A.475; and
 new text end

new text begin (3) the Department of Health will provide information to the Department of Human
Services about each provider licensed under this section, including the provider's license
application, licensing documents, inspections, information about complaints received, and
investigations conducted for possible violations of Minnesota Statutes, chapter 245D.
 new text end

Sec. 30. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 144A.46; and 144A.461, new text end new text begin are repealed.
 new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 4668.0002; 4668.0003; 4668.0005; 4668.0008;
4668.0012; 4668.0016; 4668.0017; 4668.0019; 4668.0030; 4668.0035; 4668.0040;
4668.0050; 4668.0060; 4668.0065; 4668.0070; 4668.0075; 4668.0080; 4668.0100;
4668.0110; 4668.0120; 4668.0130; 4668.0140; 4668.0150; 4668.0160; 4668.0170;
4668.0180; 4668.0190; 4668.0200; 4668.0218; 4668.0220; 4668.0230; 4668.0240;
4668.0800; 4668.0805; 4668.0810; 4668.0815; 4668.0820; 4668.0825; 4668.0830;
4668.0835; 4668.0840; 4668.0845; 4668.0855; 4668.0860; 4668.0865; 4668.0870;
4669.0001; 4669.0010; 4669.0020; 4669.0030; 4669.0040; and 4669.0050, new text end new text begin are repealed.
 new text end

Sec. 31. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 30 are effective the day following final enactment.
 new text end

ARTICLE 13

HEALTH DEPARTMENT

Section 1.

Minnesota Statutes 2012, section 103I.005, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Bored geothermal heat exchanger. new text end

new text begin "Bored geothermal heat exchanger"
means an earth-coupled heating or cooling device consisting of a sealed closed-loop
piping system installed in a boring in the ground to transfer heat to or from the surrounding
earth with no discharge.
 new text end

Sec. 2.

Minnesota Statutes 2012, section 103I.521, is amended to read:


103I.521 FEES deleted text begin DEPOSITED WITH COMMISSIONER OF MANAGEMENT
AND BUDGETdeleted text end .

new text begin Unless otherwise specified, new text end fees collected deleted text begin for licenses or registrationdeleted text end new text begin by the
commissionernew text end under this chapter shall be deposited in the state treasurynew text begin and credited to
the state government special revenue fundnew text end .

Sec. 3.

Minnesota Statutes 2012, section 144.123, subdivision 1, is amended to read:


deleted text begin Subdivision 1. deleted text end

deleted text begin Who must pay. deleted text end

Except for the limitation contained in this section,
the commissioner of health deleted text begin shall charge a handling feedeleted text end new text begin may enter into a contractual
agreement to recover costs incurred for analysis for diagnostic purposesnew text end for each specimen
submitted to the Department of Health deleted text begin for analysis for diagnostic purposesdeleted text end by any hospital,
deleted text begin privatedeleted text end laboratory, deleted text begin privatedeleted text end clinic, or physician. deleted text begin No fee shall be charged to any entity which
receives direct or indirect financial assistance from state or federal funds administered by
the Department of Health, including any public health department, nonprofit community
clinic, sexually transmitted disease clinic, or similar entity. No fee will be chargeddeleted text end new text begin The
commissioner shall not chargenew text end for any biological materials submitted to the Department
of Health as a requirement of Minnesota Rules, part 4605.7040, or for those biological
materials requested by the department to gather information for disease prevention or
control purposes. The commissioner of health may establish other exceptions to the
handling fee as may be necessary to protect the public's health. deleted text begin All fees collected pursuant
to this section shall be deposited in the state treasury and credited to the state government
special revenue fund.deleted text end new text begin Funds generated in a contractual agreement made pursuant to this
section shall be deposited in a special account and are appropriated to the commissioner
for purposes of providing the services specified in the contracts. All such contractual
agreements shall be processed in accordance with the provisions of chapter 16C.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
 new text end

Sec. 4.

Minnesota Statutes 2012, section 144.125, subdivision 1, is amended to read:


Subdivision 1.

Duty to perform testing.

It is the duty of (1) the administrative
officer or other person in charge of each institution caring for infants 28 days or less of age,
(2) the person required in pursuance of the provisions of section 144.215, to register the
birth of a child, or (3) the nurse midwife or midwife in attendance at the birth, to arrange
to have administered to every infant or child in its care tests for heritable and congenital
disorders according to subdivision 2 and rules prescribed by the state commissioner of
health. Testing and the recording and reporting of test results shall be performed at the
times and in the manner prescribed by the commissioner of health. deleted text begin The commissioner shall
charge a fee so that the total of fees collected will approximate the costs of conducting the
tests and implementing and maintaining a system to follow-up infants with heritable or
congenital disorders, including hearing loss detected through the early hearing detection
and intervention program under section 144.966.deleted text end The fee deleted text begin is $101 per specimen. Effective
July 1, 2010, the fee shall be increased to $106deleted text end new text begin to support the newborn screening program
including tests administered under this section and section 144.966 is $140new text end per specimen.
deleted text begin The increased fee amount shall be deposited in the general fund.deleted text end new text begin Of the total fee amount,
$5 shall be deposited in the general fund to offset the cost of the support services provided
under section 144.966, subdivision 3a. The remaining fee amount shall be deposited in the
state treasury and credited to the state government special revenue fund.new text end Costs associated
with capital expenditures and the development of new procedures may be prorated over a
three-year period when calculating the amount of the fees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
 new text end

Sec. 5.

new text begin [144.554] HEALTH FACILITIES CONSTRUCTION PLAN SUBMITTAL
AND FEES.
 new text end

new text begin For hospitals, nursing homes, boarding care homes, residential hospices, supervised
living facilities, freestanding outpatient surgical centers, and end-stage renal disease
facilities, the commissioner shall collect a fee for the review and approval of architectural,
mechanical, and electrical plans and specifications submitted before construction begins
for each project relative to construction of new buildings, additions to existing buildings,
or for remodeling or alterations of existing buildings. All fees collected in this section
shall be deposited in the state treasury and credited to the state government special revenue
fund. Fees must be paid at the time of submission of final plans for review and are not
refundable. The fee is calculated as follows:
 new text end

new text begin Construction project total estimated cost
 new text end 		new text begin Fee
 new text end
new text begin $0 - $10,000
 new text end 		new text begin $30
 new text end
new text begin $10,001 - $50,000
 new text end 		new text begin $150
 new text end
new text begin $50,001 - $100,000
 new text end 		new text begin $300
 new text end
new text begin $100,001 - $150,000
 new text end 		new text begin $450
 new text end
new text begin $150,001 - $200,000
 new text end 		new text begin $600
 new text end
new text begin $200,001 - $250,000
 new text end 		new text begin $750
 new text end
new text begin $250,001 - $300,000
 new text end 		new text begin $900
 new text end
new text begin $300,001 - $350,000
 new text end 		new text begin $1,050
 new text end
new text begin $350,001 - $400,000
 new text end 		new text begin $1,200
 new text end
new text begin $400,001 - $450,000
 new text end 		new text begin $1,350
 new text end
new text begin $450,001 - $500,000
 new text end 		new text begin $1,500
 new text end
new text begin $500,001 - $550,000
 new text end 		new text begin $1,650
 new text end
new text begin $550,001 - $600,000
 new text end 		new text begin $1,800
 new text end
new text begin $600,001 - $650,000
 new text end 		new text begin $1,950
 new text end
new text begin $650,001 - $700,000
 new text end 		new text begin $2,100
 new text end
new text begin $700,001 - $750,000
 new text end 		new text begin $2,250
 new text end
new text begin $750,001 - $800,000
 new text end 		new text begin $2,400
 new text end
new text begin $800,001 - $850,000
 new text end 		new text begin $2,550
 new text end
new text begin $850,001 - $900,000
 new text end 		new text begin $2,700
 new text end
new text begin $900,001 - $950,000
 new text end 		new text begin $2,850
 new text end
new text begin $950,001 - $1,000,000
 new text end 		new text begin $3,000
 new text end
new text begin $1,000,001 - $1,050,000
 new text end 		new text begin $3,150
 new text end
new text begin $1,050,001 - $1,100,000
 new text end 		new text begin $3,300
 new text end
new text begin $1,100,001 - $1,150,000
 new text end 		new text begin $3,450
 new text end
new text begin $1,150,001 - $1,200,000
 new text end 		new text begin $3,600
 new text end
new text begin $1,200,001 - $1,250,000
 new text end 		new text begin $3,750
 new text end
new text begin $1,250,001 - $1,300,000
 new text end 		new text begin $3,900
 new text end
new text begin $1,300,001 - $1,350,000
 new text end 		new text begin $4,050
 new text end
new text begin $1,350,001 - $1,400,000
 new text end 		new text begin $4,200
 new text end
new text begin $1,400,001 - $1,450,000
 new text end 		new text begin $4,350
 new text end
new text begin $1,450,001 - $1,500,000
 new text end 		new text begin $4,500
 new text end
new text begin $1,500,001 and over
 new text end 		new text begin $4,800
 new text end

Sec. 6.

Minnesota Statutes 2012, section 144.98, subdivision 3, is amended to read:


Subd. 3.

Annual fees.

(a) An application for accreditation under subdivision 6 must
be accompanied by the annual fees specified in this subdivision. The annual fees include:

(1) base accreditation fee, deleted text begin $1,500deleted text end new text begin $600new text end ;

(2) sample preparation techniques fee, $200 per technique;

(3) an administrative fee for laboratories located outside this state, deleted text begin $3,750deleted text end new text begin $2,000new text end ; and

(4) test category fees.

(b) For the programs in subdivision 3a, the commissioner may accredit laboratories
for fields of testing under the categories listed in clauses (1) to (10) upon completion of
the application requirements provided by subdivision 6 and receipt of the fees for each
category under each program that accreditation is requested. The categories offered and
related fees include:

(1) microbiology, deleted text begin $450deleted text end new text begin $200new text end ;

(2) inorganics, deleted text begin $450deleted text end new text begin $200new text end ;

(3) metals, deleted text begin $1,000deleted text end new text begin $500new text end ;

(4) volatile organics, deleted text begin $1,300deleted text end new text begin $1,000new text end ;

(5) other organics, deleted text begin $1,300deleted text end new text begin $1,000new text end ;

(6) radiochemistry, deleted text begin $1,500deleted text end new text begin $750new text end ;

(7) emerging contaminants, deleted text begin $1,500deleted text end new text begin $1,000new text end ;

(8) agricultural contaminants, deleted text begin $1,250deleted text end new text begin $1,000new text end ;

(9) toxicity (bioassay), deleted text begin $1,000deleted text end new text begin $500new text end ; and

(10) physical characterization, $250.

(c) The total annual fee includes the base fee, the sample preparation techniques
fees, the test category fees per program, and, when applicable, an administrative fee for
out-of-state laboratories.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 7.

Minnesota Statutes 2012, section 144.98, subdivision 5, is amended to read:


Subd. 5.

State government special revenue fund.

Fees collected new text begin by the
commissioner new text end under this section must be deposited in the state new text begin treasury and credited to
the state new text end government special revenue fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 8.

Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Establishing a selection committee. new text end

new text begin (a) The commissioner shall
establish a selection committee for the purpose of recommending approval of qualified
laboratory assessors and assessment bodies. Committee members shall demonstrate
competence in assessment practices. The committee shall initially consist of seven
members appointed by the commissioner as follows:
 new text end

new text begin (1) one member from a municipal laboratory accredited by the commissioner;
 new text end

new text begin (2) one member from an industrial treatment laboratory accredited by the
commissioner;
 new text end

new text begin (3) one member from a commercial laboratory located in this state and accredited by
the commissioner;
 new text end

new text begin (4) one member from a commercial laboratory located outside the state and
accredited by the commissioner;
 new text end

new text begin (5) one member from a nongovernmental client of environmental laboratories;
 new text end

new text begin (6) one member from a professional organization with a demonstrated interest in
environmental laboratory data and accreditation; and
 new text end

new text begin (7) one employee of the laboratory accreditation program administered by the
department.
 new text end

new text begin (b) Committee appointments begin on January 1 and end on December 31 of the
same year.
 new text end

new text begin (c) The commissioner shall appoint persons to fill vacant committee positions,
expand the total number of appointed positions, or change the designated positions upon
the advice of the committee.
 new text end

new text begin (d) The commissioner shall rescind the appointment of a selection committee
member for sufficient cause as the commissioner determines, such as:
 new text end

new text begin (1) neglect of duty;
 new text end

new text begin (2) failure to notify the commissioner of a real or perceived conflict of interest;
 new text end

new text begin (3) nonconformance with committee procedures;
 new text end

new text begin (4) failure to demonstrate competence in assessment practices; or
 new text end

new text begin (5) official misconduct.
 new text end

new text begin (e) Members of the selection committee shall be compensated according to the
provisions in section 15.059, subdivision 3.
 new text end

Sec. 9.

Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Activities of the selection committee. new text end

new text begin (a) The selection committee
will determine assessor and assessment body application requirements, the frequency
of application submittal, and the application review schedule. The commissioner shall
publish the application requirements and procedures on the accreditation program Web site.
 new text end

new text begin (b) In its selection process, the committee shall ensure its application requirements
and review process:
 new text end

new text begin (1) meet the standards implemented in subdivision 2a;
 new text end

new text begin (2) ensure assessors have demonstrated competence in technical disciplines offered
for accreditation by the commissioner; and
 new text end

new text begin (3) consider any history of repeated nonconformance or complaints regarding
assessors or assessment bodies.
 new text end

new text begin (c) The selection committee shall consider an application received from qualified
applicants and shall supply a list of recommended assessors and assessment bodies to
the commissioner of health no later than 90 days after the commissioner notifies the
committee of the need for review of applications.
 new text end

Sec. 10.

Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Commissioner approval of assessors and scheduling of assessments.
 new text end

new text begin (a) The commissioner shall approve assessors who:
 new text end

new text begin (1) are employed by the commissioner for the purpose of accrediting laboratories
and demonstrate competence in assessment practices for environmental laboratories; or
 new text end

new text begin (2) are employed by a state or federal agency with established agreements for
mutual assistance or recognition with the commissioner and demonstrate competence in
assessment practices for environmental laboratories.
 new text end

new text begin (b) The commissioner may approve other assessors or assessment bodies who are
recommended by the selection committee according to subdivision 11, paragraph (c). The
commissioner shall publish the list of assessors and assessment bodies approved from the
recommendations.
 new text end

new text begin (c) The commissioner shall rescind approval for an assessor or assessment body for
sufficient cause as the commissioner determines, such as:
 new text end

new text begin (1) failure to meet the minimum qualifications for performing assessments;
 new text end

new text begin (2) lack of availability;
 new text end

new text begin (3) nonconformance with the applicable laws, rules, standards, policies, and
procedures;
 new text end

new text begin (4) misrepresentation of application information regarding qualifications and
training; or
 new text end

new text begin (5) excessive cost to perform the assessment activities.
 new text end

Sec. 11.

Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Laboratory requirements for assessor selection and scheduling
assessments. new text end

new text begin (a) A laboratory accredited or seeking accreditation that requires an
assessment by the commissioner must select an assessor, group of assessors, or an
assessment body from the published list specified in subdivision 12, paragraph (b). An
accredited laboratory must complete an assessment and make all corrective actions at least
once every 24 months. Unless the commissioner grants interim accreditation, a laboratory
seeking accreditation must complete an assessment and make all corrective actions
prior to, but no earlier than, 18 months prior to the date the application is submitted to
the commissioner.
 new text end

new text begin (b) A laboratory shall not select the same assessor more than twice in succession
for assessments of the same facility unless the laboratory receives written approval
from the commissioner for the selection. The laboratory must supply a written request
to the commissioner for approval and must justify the reason for the request and provide
the alternate options considered.
 new text end

new text begin (c) A laboratory must select assessors appropriate to the size and scope of the
laboratory's application or existing accreditation.
 new text end

new text begin (d) A laboratory must enter into its own contract for direct payment of the assessors
or assessment body. The contract must authorize the assessor, assessment body, or
subcontractors to release all records to the commissioner regarding the assessment activity,
when the assessment is performed in compliance with this statute.
 new text end

new text begin (e) A laboratory must agree to permit other assessors as selected by the commissioner
to participate in the assessment activities.
 new text end

new text begin (f) If the laboratory determines no approved assessor is available to perform
the assessment, the laboratory must notify the commissioner in writing and provide a
justification for the determination. If the commissioner confirms no approved assessor
is available, the commissioner may designate an alternate assessor from those approved
in subdivision 12, paragraph (a), or the commissioner may delay the assessment until
an assessor is available. If an approved alternate assessor performs the assessment, the
commissioner may collect fees equivalent to the cost of performing the assessment
activities.
 new text end

new text begin (g) Fees collected under this section are deposited in a special account and are
annually appropriated to the commissioner for the purpose of performing assessment
activities.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 12.

Minnesota Statutes 2012, section 144.99, subdivision 4, is amended to read:


Subd. 4.

Administrative penalty orders.

(a) The commissioner may issue an
order requiring violations to be corrected and administratively assessing monetary
penalties for violations of the statutes, rules, and other actions listed in subdivision 1. The
procedures in section 144.991 must be followed when issuing administrative penalty
orders. Except in the case of repeated or serious violations, the penalty assessed in the
order must be forgiven if the person who is subject to the order demonstrates in writing
to the commissioner before the 31st day after receiving the order that the person has
corrected the violation or has developed a corrective plan acceptable to the commissioner.
The maximum amount of an administrative penalty order is $10,000 for each violator for
all violations by that violator identified in an inspection or review of compliance.

(b) Notwithstanding paragraph (a), the commissioner may issue to a large public
water supply, serving a population of more than 10,000 persons, an administrative penalty
order imposing a penalty of at least $1,000 per day per violation, not to exceed $10,000
for each violation of sections 144.381 to 144.385 and rules adopted thereunder.

new text begin (c) Notwithstanding paragraph (a), the commissioner may issue to a certified lead
firm or person performing regulated lead work, an administrative penalty order imposing a
penalty of at least $5,000 per violation per day, not to exceed $10,000 for each violation of
sections 144.9501 to 144.9512 and rules adopted thereunder. All revenue collected from
monetary penalties in this section shall be deposited in the state treasury and credited to
the state government special revenue fund.
 new text end

Sec. 13.

Minnesota Statutes 2012, section 145.986, is amended to read:


145.986 STATEWIDE HEALTH IMPROVEMENT PROGRAM.

Subdivision 1.

deleted text begin Grants to local communitiesdeleted text end new text begin Purposenew text end .

new text begin The purpose of the statewide
health improvement program is to:
 new text end

new text begin (1) address the top three leading preventable causes of illness and death: tobacco use
and exposure, poor diet, and lack of regular physical activity;
 new text end

new text begin (2) promote the development, availability, and use of evidence-based, community
level, comprehensive strategies to create healthy communities; and
 new text end

new text begin (3) measure the impact of the evidence-based, community health improvement
practices which over time work to contain health care costs and reduce chronic diseases.
 new text end

new text begin Subd. 1a. new text end

new text begin Grants to local communities. new text end

(a) Beginning July 1, 2009, the
commissioner of health shall award competitive grants to community health boards
established pursuant to section 145A.09 and tribal governments to convene, coordinate,
and implement evidence-based strategies targeted at reducing the percentage of
Minnesotans who are obese or overweight and to reduce the use of tobacco.

(b) Grantee activities shall:

(1) be based on scientific evidence;

(2) be based on community input;

(3) address behavior change at the individual, community, and systems levels;

(4) occur in community, school, worksite, and health care settings; deleted text begin and
deleted text end

(5) be focused on policy, systems, and environmental changes that support healthy
behaviorsdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) address the health disparities and inequities that exist in the grantee's community.
 new text end

(c) To receive a grant under this section, community health boards and tribal
governments must submit proposals to the commissioner. A local match of ten percent
of the total funding allocation is required. This local match may include funds donated
by community partners.

(d) In order to receive a grant, community health boards and tribal governments
must submit a health improvement plan to the commissioner of health for approval. The
commissioner may require the plan to identify a community leadership team, community
partners, and a community action plan that includes an assessment of area strengths and
needs, proposed action strategies, technical assistance needs, and a staffing plan.

(e) The grant recipient must implement the health improvement plan, evaluate the
effectiveness of the deleted text begin interventionsdeleted text end new text begin strategiesnew text end , and modify or discontinue deleted text begin interventions
deleted text end new text begin strategies new text end found to be ineffective.

deleted text begin (f) By January 15, 2011, the commissioner of health shall recommend whether any
funding should be distributed to community health boards and tribal governments based
on health disparities demonstrated in the populations served.
 deleted text end

deleted text begin (g)deleted text end new text begin (f)new text end Grant recipients shall report their activities and their progress toward the
outcomes established under subdivision 2 to the commissioner in a format and at a time
specified by the commissioner.

deleted text begin (h)deleted text end new text begin (g)new text end All grant recipients shall be held accountable for making progress toward
the measurable outcomes established in subdivision 2. The commissioner shall require a
corrective action plan and may reduce the funding level of grant recipients that do not
make adequate progress toward the measurable outcomes.

new text begin (h) Notwithstanding paragraph (a), the commissioner may award funding to
convene, coordinate, and implement evidence-based strategies targeted at reducing other
risk factors, aside from tobacco use and exposure, poor diet, and lack of regular physical
activity, that are associated with chronic disease and may impact public health. The
commissioner shall develop a criteria and procedures to allocate funding under this section.
 new text end

Subd. 2.

Outcomes.

(a) The commissioner shall set measurable outcomes to meet
the goals specified in subdivision 1, and annually review the progress of grant recipients
in meeting the outcomes.

(b) The commissioner shall measure current public health status, using existing
measures and data collection systems when available, to determine baseline data against
which progress shall be monitored.

Subd. 3.

Technical assistance and oversight.

new text begin (a) new text end The commissioner shall provide
content expertise, technical expertise, deleted text begin anddeleted text end training to grant recipients and advice on
evidence-based strategies, including those based on populations and types of communities
served. The commissioner shall ensure that the statewide health improvement program
meets the outcomes established under subdivision 2 by conducting a comprehensive
statewide evaluation and assisting grant recipients to modify or discontinue interventions
found to be ineffective.

new text begin (b) For the purposes of carrying out the grant program under this section, including
for administrative purposes, the commissioner shall award contracts to appropriate entities
to assist in training and provide technical assistance to grantees.
 new text end

new text begin (c) Contracts awarded under paragraph (b) may be used to provide technical
assistance and training in the areas of:
 new text end

new text begin (1) community engagement and capacity building;
 new text end

new text begin (2) tribal support;
 new text end

new text begin (3) community asset building and risk behavior reduction;
 new text end

new text begin (4) legal;
 new text end

new text begin (5) communications;
 new text end

new text begin (6) community, school, health care, work site, and other site-specific strategies; and
 new text end

new text begin (7) health equity.
 new text end

Subd. 4.

Evaluation.

new text begin (a) new text end Using the outcome measures established in subdivision
3, the commissioner shall conduct deleted text begin a biennialdeleted text end new text begin an new text end evaluation of the statewide health
improvement program funded under this section. Grant recipients shall cooperate with
the commissioner in the evaluation and provide the commissioner with the information
necessary to conduct the evaluation.

new text begin (b) Grant recipients will collect, monitor, and submit to the Department of Health
baseline and annual data, and provide information to improve the quality and impact of
community health improvement strategies.
 new text end

new text begin (c) For the purposes of carrying out the grant program under this section, including
for administrative purposes, the commissioner shall award contracts to appropriate entities
to assist in designing and implementing evaluation systems.
 new text end

new text begin (d) Contracts awarded under paragraph (c) may be used to:
 new text end

new text begin (1) develop grantee monitoring and reporting systems to track grantee progress,
including aggregated and disaggregated data;
 new text end

new text begin (2) manage, analyze, and report program evaluation data results; and
 new text end

new text begin (3) utilize innovative support tools to analyze and predict the impact of prevention
strategies on health outcomes and state health care costs over time.
 new text end

Subd. 5.

Report.

The commissioner shall submit a biennial report to the legislature
on the statewide health improvement program funded under this section. These reports
must include information on grant recipients, activities that were conducted using grant
funds, evaluation data, and outcome measures, if available. In addition, the commissioner
shall provide recommendations on future areas of focus for health improvement. These
reports are due by January 15 of every other year, beginning in 2010. deleted text begin In the report due
on January 15, 2010, the commissioner shall include recommendations on a sustainable
funding source for the statewide health improvement program other than the health care
access fund.
deleted text end

Subd. 6.

Supplantation of existing funds.

Community health boards and tribal
governments must use funds received under this section to develop new programs, expand
current programs that work to reduce the percentage of Minnesotans who are obese or
overweight or who use tobacco, or replace discontinued state or federal funds previously
used to reduce the percentage of Minnesotans who are obese or overweight or who use
tobacco. Funds must not be used to supplant current state or local funding to community
health boards or tribal governments used to reduce the percentage of Minnesotans who are
obese or overweight or to reduce tobacco use.

Sec. 14.

Minnesota Statutes 2012, section 149A.02, subdivision 1a, is amended to read:


Subd. 1a.

Alkaline hydrolysis.

"Alkaline hydrolysis" means the reduction of a dead
human body to essential elements through deleted text begin exposure to a combination of heat and alkaline
hydrolysis and the repositioning or movement of the body during the process to facilitate
reduction,deleted text end new text begin a water-based dissolution process using alkaline chemicals, heat, agitation, and
pressure to accelerate natural decomposition;new text end the processing of the new text begin hydrolyzed new text end remains
after removal from the alkaline hydrolysis deleted text begin chamber,deleted text end new text begin vessel;new text end placement of the processed
remains in a new text begin hydrolyzed new text end remains containerdeleted text begin ,deleted text end new text begin ;new text end and release of the new text begin hydrolyzed new text end remains to an
appropriate party. Alkaline hydrolysis is a form of final disposition.

Sec. 15.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 1b. new text end

new text begin Alkaline hydrolysis container. new text end

new text begin "Alkaline hydrolysis container" means a
hydrolyzable or biodegradable closed container or pouch resistant to leakage of bodily
fluids that encases the body and into which a dead human body is placed prior to insertion
into an alkaline hydrolysis vessel. Alkaline hydrolysis containers may be hydrolyzable or
biodegradable alternative containers or caskets.
 new text end

Sec. 16.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 1c. new text end

new text begin Alkaline hydrolysis facility. new text end

new text begin "Alkaline hydrolysis facility" means a
building or structure containing one or more alkaline hydrolysis vessels for the alkaline
hydrolysis of dead human bodies.
 new text end

Sec. 17.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 1d. new text end

new text begin Alkaline hydrolysis vessel. new text end

new text begin "Alkaline hydrolysis vessel" means the
container in which the alkaline hydrolysis of a dead human body is performed.
 new text end

Sec. 18.

Minnesota Statutes 2012, section 149A.02, subdivision 2, is amended to read:


Subd. 2.

Alternative container.

"Alternative container" means a nonmetal
receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed
for the encasement of dead human bodies and is made of new text begin hydrolyzable or biodegradable
materials, new text end corrugated cardboard, fiberboard, pressed-wood, or other like materials.

Sec. 19.

Minnesota Statutes 2012, section 149A.02, subdivision 3, is amended to read:


Subd. 3.

Arrangements for disposition.

"Arrangements for disposition" means
any action normally taken by a funeral provider in anticipation of or preparation for the
entombment, burial in a cemetery, new text begin alkaline hydrolysis, new text end or cremation of a dead human body.

Sec. 20.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 3c. new text end

new text begin Branch funeral establishment. new text end

new text begin "Branch funeral establishment" means
any place or premise used as the office or place of business that provides funeral goods
or services, except on-site preparation of the body, to the public. A branch funeral
establishment is subject to the licensing requirements of sections 149A.50 and 149A.51,
except section 149A.50, subdivision 2, clause (1). A branch funeral establishment must be
associated through a majority ownership of a licensed funeral establishment which meets
the requirements of sections 149A.50 and 149A.92, subdivisions 2 to 10.
 new text end

Sec. 21.

Minnesota Statutes 2012, section 149A.02, subdivision 4, is amended to read:


Subd. 4.

Cash advance item.

"Cash advance item" means any item of service
or merchandise described to a purchaser as a "cash advance," "accommodation," "cash
disbursement," or similar term. A cash advance item is also any item obtained from a
third party and paid for by the funeral provider on the purchaser's behalf. Cash advance
items include, but are not limited to, cemeterynew text begin , alkaline hydrolysis, new text end or crematory services,
pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, obituary
notices, gratuities, and death records.

Sec. 22.

Minnesota Statutes 2012, section 149A.02, subdivision 5, is amended to read:


Subd. 5.

Casket.

"Casket" means a rigid container which is designed for the
encasement of a dead human body and is usually constructed of new text begin hydrolyzable or
biodegradable materials, new text end wood, metal, fiberglass, plastic, or like material, and ornamented
and lined with fabric.

Sec. 23.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 12a. new text end

new text begin Crypt. new text end

new text begin "Crypt" means a space in a mausoleum of sufficient size, used or
intended to be used, to entomb human remains, cremated remains, or hydrolyzed remains.
 new text end

Sec. 24.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 12b. new text end

new text begin Direct alkaline hydrolysis. new text end

new text begin "Direct alkaline hydrolysis" means a
final disposition of a dead human body by alkaline hydrolysis, without formal viewing,
visitation, or ceremony with the body present.
 new text end

Sec. 25.

Minnesota Statutes 2012, section 149A.02, subdivision 16, is amended to read:


Subd. 16.

Final disposition.

"Final disposition" means the acts leading to and the
entombment, burial in a cemetery, new text begin alkaline hydrolysis, new text end or cremation of a dead human body.

Sec. 26.

Minnesota Statutes 2012, section 149A.02, subdivision 23, is amended to read:


Subd. 23.

Funeral services.

"Funeral services" means any services which may
be used to: (1) care for and prepare dead human bodies for burial, new text begin alkaline hydrolysis,
new text end cremation, or other final disposition; and (2) arrange, supervise, or conduct the funeral
ceremony or the final disposition of dead human bodies.

Sec. 27.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 24a. new text end

new text begin Holding facility. new text end

new text begin "Holding facility" means a secure enclosed room or
confined area within a funeral establishment, branch funeral establishment, crematory,
or alkaline hydrolysis facility used for temporary storage of human remains awaiting
final disposition.
 new text end

Sec. 28.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 24b. new text end

new text begin Hydrolyzed remains. new text end

new text begin "Hydrolyzed remains" means the remains of a
dead human body following the alkaline hydrolysis process. Hydrolyzed remains does not
include pacemakers, prostheses, or similar foreign materials.
 new text end

Sec. 29.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 24c. new text end

new text begin Hydrolyzed remains container. new text end

new text begin "Hydrolyzed remains container" means
a receptacle in which hydrolyzed remains are placed. For purposes of this chapter, a
hydrolyzed remains container is interchangeable with "urn" or similar keepsake storage
jewelry.
 new text end

Sec. 30.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 26a. new text end

new text begin Inurnment. new text end

new text begin "Inurnment" means placing hydrolyzed or cremated remains
in a hydrolyzed or cremated remains container suitable for placement, burial, or shipment.
 new text end

Sec. 31.

Minnesota Statutes 2012, section 149A.02, subdivision 27, is amended to read:


Subd. 27.

Licensee.

"Licensee" means any person new text begin or entity new text end that has been issued
a license to practice mortuary science, to operate a funeral establishment, new text begin to operate an
alkaline hydrolysis facility, new text end or to operate a crematory by the Minnesota commissioner
of health.

Sec. 32.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 30a. new text end

new text begin Niche. new text end

new text begin "Niche" means a space in a columbarium used, or intended to be
used, for the placement of hydrolyzed or cremated remains.
 new text end

Sec. 33.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 32a. new text end

new text begin Placement. new text end

new text begin "Placement" means the placing of a container holding
hydrolyzed or cremated remains in a crypt, vault, or niche.
 new text end

Sec. 34.

Minnesota Statutes 2012, section 149A.02, subdivision 34, is amended to read:


Subd. 34.

Preparation of the body.

"Preparation of the body" means new text begin placement of
the body into an appropriate cremation or alkaline hydrolysis container, new text end embalming of
the body or such items of care as washing, disinfecting, shaving, positioning of features,
restorative procedures, application of cosmetics, dressing, and casketing.

Sec. 35.

Minnesota Statutes 2012, section 149A.02, subdivision 35, is amended to read:


Subd. 35.

Processing.

"Processing" means the removal of foreign objectsnew text begin , drying or
cooling,new text end and the reduction of the new text begin hydrolyzed or new text end cremated remains by mechanical means
including, but not limited to, grinding, crushing, or pulverizing, to a granulated appearance
appropriate for final disposition.

Sec. 36.

Minnesota Statutes 2012, section 149A.02, subdivision 37, is amended to read:


Subd. 37.

Public transportation.

"Public transportation" means all manner of
transportation via common carrier available to the general public including airlines, buses,
railroads, and ships. For purposes of this chapter, a livery service providing transportation
to private funeral establishmentsnew text begin , alkaline hydrolysis facilities, new text end or crematories is not public
transportation.

Sec. 37.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 37c. new text end

new text begin Scattering. new text end

new text begin "Scattering" means the authorized dispersal of hydrolyzed
or cremated remains in a defined area of a dedicated cemetery or in areas where no local
prohibition exists provided that the hydrolyzed or cremated remains are not distinguishable
to the public, are not in a container, and that the person who has control over disposition
of the hydrolyzed or cremated remains has obtained written permission of the property
owner or governing agency to scatter on the property.
 new text end

Sec. 38.

Minnesota Statutes 2012, section 149A.02, is amended by adding a
subdivision to read:


new text begin Subd. 41. new text end

new text begin Vault. new text end

new text begin "Vault" means a space in a mausoleum of sufficient size, used or
intended to be used, to entomb human remains, cremated remains, or hydrolyzed remains.
Vault may also mean a sealed and lined casket enclosure.
 new text end

Sec. 39.

Minnesota Statutes 2012, section 149A.03, is amended to read:


149A.03 DUTIES OF COMMISSIONER.

The commissioner shall:

(1) enforce all laws and adopt and enforce rules relating to the:

(i) removal, preparation, transportation, arrangements for disposition, and final
disposition of dead human bodies;

(ii) licensure and professional conduct of funeral directors, morticians, interns,
practicum students, and clinical students;

(iii) licensing and operation of a funeral establishment; deleted text begin and
deleted text end

new text begin (iv) licensing and operation of an alkaline hydrolysis facility; and
 new text end

deleted text begin (iv)deleted text end new text begin (v) new text end licensing and operation of a crematory;

(2) provide copies of the requirements for licensure and permits to all applicants;

(3) administer examinations and issue licenses and permits to qualified persons
and other legal entities;

(4) maintain a record of the name and location of all current licensees and interns;

(5) perform periodic compliance reviews and premise inspections of licensees;

(6) accept and investigate complaints relating to conduct governed by this chapter;

(7) maintain a record of all current preneed arrangement trust accounts;

(8) maintain a schedule of application, examination, permit, and licensure fees,
initial and renewal, sufficient to cover all necessary operating expenses;

(9) educate the public about the existence and content of the laws and rules for
mortuary science licensing and the removal, preparation, transportation, arrangements
for disposition, and final disposition of dead human bodies to enable consumers to file
complaints against licensees and others who may have violated those laws or rules;

(10) evaluate the laws, rules, and procedures regulating the practice of mortuary
science in order to refine the standards for licensing and to improve the regulatory and
enforcement methods used; and

(11) initiate proceedings to address and remedy deficiencies and inconsistencies in
the laws, rules, or procedures governing the practice of mortuary science and the removal,
preparation, transportation, arrangements for disposition, and final disposition of dead
human bodies.

Sec. 40.

new text begin [149A.54] LICENSE TO OPERATE AN ALKALINE HYDROLYSIS
FACILITY.
 new text end

new text begin Subdivision 1. new text end

new text begin License requirement. new text end

new text begin Except as provided in section 149A.01,
subdivision 3, a place or premise shall not be maintained, managed, or operated which
is devoted to or used in the holding and alkaline hydrolysis of a dead human body
without possessing a valid license to operate an alkaline hydrolysis facility issued by the
commissioner of health.
 new text end

new text begin Subd. 2. new text end

new text begin Requirements for an alkaline hydrolysis facility. new text end

new text begin (a) An alkaline
hydrolysis facility licensed under this section must consist of:
 new text end

new text begin (1) a building or structure that complies with applicable local and state building
codes, zoning laws and ordinances, wastewater management and environmental standards,
containing one or more alkaline hydrolysis vessels for the alkaline hydrolysis of dead
human bodies;
 new text end

new text begin (2) a method approved by the commissioner of health to dry the hydrolyzed remains
and which is located within the licensed facility;
 new text end

new text begin (3) a means approved by the commissioner of health for refrigeration of dead human
bodies awaiting alkaline hydrolysis;
 new text end

new text begin (4) an appropriate means of processing hydrolyzed remains to a granulated
appearance appropriate for final disposition; and
 new text end

new text begin (5) an appropriate holding facility for dead human bodies awaiting alkaline
hydrolysis.
 new text end

new text begin (b) An alkaline hydrolysis facility licensed under this section may also contain a
display room for funeral goods.
 new text end

new text begin Subd. 3. new text end

new text begin Application procedure; documentation; initial inspection. new text end

new text begin An
application for licensing an alkaline hydrolysis facility shall be submitted to the
commissioner of health. A completed application includes:
 new text end

new text begin (1) a completed application form, as provided by the commissioner;
 new text end

new text begin (2) proof of business form and ownership;
 new text end

new text begin (3) proof of liability insurance coverage or other financial documentation, as
determined by the commissioner, that demonstrates the applicant's ability to respond in
damages for liability arising from the ownership, maintenance management, or operation
of an alkaline hydrolysis facility; and
 new text end

new text begin (4) copies of wastewater and other environmental regulatory permits and
environmental regulatory licenses necessary to conduct operations.
 new text end

new text begin Upon receipt of the application and appropriate fee, the commissioner shall review and
verify all information. Upon completion of the verification process and resolution of any
deficiencies in the application information, the commissioner shall conduct an initial
inspection of the premises to be licensed. After the inspection and resolution of any
deficiencies found and any reinspections as may be necessary, the commissioner shall
make a determination, based on all the information available, to grant or deny licensure. If
the commissioner's determination is to grant the license, the applicant shall be notified and
the license shall issue and remain valid for a period prescribed on the license, but not to
exceed one calendar year from the date of issuance of the license. If the commissioner's
determination is to deny the license, the commissioner must notify the applicant in writing
of the denial and provide the specific reason for denial.
 new text end

new text begin Subd. 4. new text end

new text begin Nontransferability of license. new text end

new text begin A license to operate an alkaline hydrolysis
facility is not assignable or transferable and shall not be valid for any entity other than the
one named. Each license issued to operate an alkaline hydrolysis facility is valid only for the
location identified on the license. A 50 percent or more change in ownership or location of
the alkaline hydrolysis facility automatically terminates the license. Separate licenses shall
be required of two or more persons or other legal entities operating from the same location.
 new text end

new text begin Subd. 5. new text end

new text begin Display of license. new text end

new text begin Each license to operate an alkaline hydrolysis
facility must be conspicuously displayed in the alkaline hydrolysis facility at all times.
Conspicuous display means in a location where a member of the general public within the
alkaline hydrolysis facility will be able to observe and read the license.
 new text end

new text begin Subd. 6. new text end

new text begin Period of licensure. new text end

new text begin All licenses to operate an alkaline hydrolysis facility
issued by the commissioner are valid for a period of one calendar year beginning on July 1
and ending on June 30, regardless of the date of issuance.
 new text end

new text begin Subd. 7. new text end

new text begin Reporting changes in license information. new text end

new text begin Any change of license
information must be reported to the commissioner, on forms provided by the
commissioner, no later than 30 calendar days after the change occurs. Failure to report
changes is grounds for disciplinary action.
 new text end

new text begin Subd. 8. new text end

new text begin Notification to the commissioner. new text end

new text begin If the licensee is operating under a
wastewater or an environmental permit or license that is subsequently revoked, denied,
or terminated, the licensee shall notify the commissioner.
 new text end

new text begin Subd. 9. new text end

new text begin Application information. new text end

new text begin All information submitted to the commissioner
for a license to operate an alkaline hydrolysis facility is classified as licensing data under
section 13.41, subdivision 5.
 new text end

Sec. 41.

new text begin [149A.55] RENEWAL OF LICENSE TO OPERATE AN ALKALINE
HYDROLYSIS FACILITY.
 new text end

new text begin Subdivision 1. new text end

new text begin Renewal required. new text end

new text begin All licenses to operate an alkaline hydrolysis
facility issued by the commissioner expire on June 30 following the date of issuance of the
license and must be renewed to remain valid.
 new text end

new text begin Subd. 2. new text end

new text begin Renewal procedure and documentation. new text end

new text begin Licensees who wish to renew
their licenses must submit to the commissioner a completed renewal application no later
than June 30 following the date the license was issued. A completed renewal application
includes:
 new text end

new text begin (1) a completed renewal application form, as provided by the commissioner; and
 new text end

new text begin (2) proof of liability insurance coverage or other financial documentation, as
determined by the commissioner, that demonstrates the applicant's ability to respond in
damages for liability arising from the ownership, maintenance, management, or operation
of an alkaline hydrolysis facility.
 new text end

new text begin Upon receipt of the completed renewal application, the commissioner shall review and
verify the information. Upon completion of the verification process and resolution of
any deficiencies in the renewal application information, the commissioner shall make a
determination, based on all the information available, to reissue or refuse to reissue the
license. If the commissioner's determination is to reissue the license, the applicant shall
be notified and the license shall issue and remain valid for a period prescribed on the
license, but not to exceed one calendar year from the date of issuance of the license. If
the commissioner's determination is to refuse to reissue the license, section 149A.09,
subdivision 2, applies.
 new text end

new text begin Subd. 3. new text end

new text begin Penalty for late filing. new text end

new text begin Renewal applications received after the expiration
date of a license will result in the assessment of a late filing penalty. The late filing penalty
must be paid before the reissuance of the license and received by the commissioner no
later than 31 calendar days after the expiration date of the license.
 new text end

new text begin Subd. 4. new text end

new text begin Lapse of license. new text end

new text begin Licenses to operate alkaline hydrolysis facilities
shall automatically lapse when a completed renewal application is not received by the
commissioner within 31 calendar days after the expiration data of a license, or a late
filing penalty assessed under subdivision 3 is not received by the commissioner within 31
calendar days after the expiration of a license.
 new text end

new text begin Subd. 5. new text end

new text begin Effect of lapse of license. new text end

new text begin Upon the lapse of a license, the person to whom
the license was issued is no longer licensed to operate an alkaline hydrolysis facility in
Minnesota. The commissioner shall issue a cease and desist order to prevent the lapsed
license holder from operating an alkaline hydrolysis facility in Minnesota and may pursue
any additional lawful remedies as justified by the case.
 new text end

new text begin Subd. 6. new text end

new text begin Restoration of lapsed license. new text end

new text begin The commissioner may restore a lapsed
license upon receipt and review of a completed renewal application, receipt of the late
filing penalty, and reinspection of the premises, provided that the receipt is made within
one calendar year from the expiration date of the lapsed license and the cease and desist
order issued by the commissioner has not been violated. If a lapsed license is not restored
within one calendar year from the expiration date of the lapsed license, the holder of the
lapsed license cannot be relicensed until the requirements in section 149A.54 are met.
 new text end

new text begin Subd. 7. new text end

new text begin Reporting changes in license information. new text end

new text begin Any change of license
information must be reported to the commissioner, on forms provided by the
commissioner, no later than 30 calendar days after the change occurs. Failure to report
changes is grounds for disciplinary action.
 new text end

new text begin Subd. 8. new text end

new text begin Application information. new text end

new text begin All information submitted to the commissioner
by an applicant for renewal of licensure to operate an alkaline hydrolysis facility is
classified as licensing data under section 13.41, subdivision 5.
 new text end

Sec. 42.

Minnesota Statutes 2012, section 149A.65, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Alkaline hydrolysis facilities. new text end

new text begin The initial and renewal fee for an alkaline
hydrolysis facility is $300. The late fee charge for a license renewal is $25.
 new text end

Sec. 43.

Minnesota Statutes 2012, section 149A.65, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin State government special revenue fund. new text end

new text begin Fees collected by the
commissioner under this section must be deposited in the state treasury and credited to
the state government special revenue fund.
 new text end

Sec. 44.

Minnesota Statutes 2012, section 149A.70, subdivision 1, is amended to read:


Subdivision 1.

Use of titles.

Only a person holding a valid license to practice
mortuary science issued by the commissioner may use the title of mortician, funeral
director, or any other title implying that the licensee is engaged in the business or practice
of mortuary science. new text begin Only the holder of a valid license to operate an alkaline hydrolysis
facility issued by the commissioner may use the title of alkaline hydrolysis facility, water
cremation, water-reduction, biocremation, green-cremation, resomation, dissolution, or
any other title, word, or term implying that the licensee operates an alkaline hydrolysis
facility. new text end Only the holder of a valid license to operate a funeral establishment issued by the
commissioner may use the title of funeral home, funeral chapel, funeral service, or any
other title, word, or term implying that the licensee is engaged in the business or practice
of mortuary science. Only the holder of a valid license to operate a crematory issued by
the commissioner may use the title of crematory, crematorium, new text begin green-cremation, new text end or any
other title, word, or term implying that the licensee operates a crematory or crematorium.

Sec. 45.

Minnesota Statutes 2012, section 149A.70, subdivision 2, is amended to read:


Subd. 2.

Business location.

A funeral establishmentnew text begin , alkaline hydrolysis facility, new text end or
crematory shall not do business in a location that is not licensed as a funeral establishmentnew text begin ,
alkaline hydrolysis facility, new text end or crematory and shall not advertise a service that is available
from an unlicensed location.

Sec. 46.

Minnesota Statutes 2012, section 149A.70, subdivision 3, is amended to read:


Subd. 3.

Advertising.

No licensee, clinical student, practicum student, or intern
shall publish or disseminate false, misleading, or deceptive advertising. False, misleading,
or deceptive advertising includes, but is not limited to:

(1) identifying, by using the names or pictures of, persons who are not licensed to
practice mortuary science in a way that leads the public to believe that those persons will
provide mortuary science services;

(2) using any name other than the names under which the funeral establishmentnew text begin ,
alkaline hydrolysis facility, new text end or crematory is known to or licensed by the commissioner;

(3) using a surname not directly, actively, or presently associated with a licensed
funeral establishmentnew text begin , alkaline hydrolysis facility, new text end or crematory, unless the surname had
been previously and continuously used by the licensed funeral establishmentnew text begin , alkaline
hydrolysis facility, new text end or crematory; and

(4) using a founding or establishing date or total years of service not directly or
continuously related to a name under which the funeral establishmentnew text begin , alkaline hydrolysis
facility, new text end or crematory is currently or was previously licensed.

Any advertising or other printed material that contains the names or pictures of
persons affiliated with a funeral establishmentnew text begin , alkaline hydrolysis facility, new text end or crematory
shall state the position held by the persons and shall identify each person who is licensed
or unlicensed under this chapter.

Sec. 47.

Minnesota Statutes 2012, section 149A.70, subdivision 5, is amended to read:


Subd. 5.

Reimbursement prohibited.

No licensee, clinical student, practicum
student, or intern shall offer, solicit, or accept a commission, fee, bonus, rebate, or other
reimbursement in consideration for recommending or causing a dead human body to
be disposed of by a specific body donation program, funeral establishment, new text begin alkaline
hydrolysis facility, new text end crematory, mausoleum, or cemetery.

Sec. 48.

Minnesota Statutes 2012, section 149A.71, subdivision 2, is amended to read:


Subd. 2.

Preventive requirements.

(a) To prevent unfair or deceptive acts or
practices, the requirements of this subdivision must be met.

(b) Funeral providers must tell persons who ask by telephone about the funeral
provider's offerings or prices any accurate information from the price lists described in
paragraphs (c) to (e) and any other readily available information that reasonably answers
the questions asked.

(c) Funeral providers must make available for viewing to people who inquire in
person about the offerings or prices of funeral goods or burial site goods, separate printed
or typewritten price lists using a ten-point font or larger. Each funeral provider must have a
separate price list for each of the following types of goods that are sold or offered for sale:

(1) caskets;

(2) alternative containers;

(3) outer burial containers;

new text begin (4) alkaline hydrolysis containers;
 new text end

deleted text begin (4)deleted text end new text begin (5)new text end cremation containers;

new text begin (6) hydrolyzed remains containers;
 new text end

deleted text begin (5)deleted text end new text begin (7) new text end cremated remains containers;

deleted text begin (6)deleted text end new text begin (8) new text end markers; and

deleted text begin (7)deleted text end new text begin (9) new text end headstones.

(d) Each separate price list must contain the name of the funeral provider's place
of business, address, and telephone number and a caption describing the list as a price
list for one of the types of funeral goods or burial site goods described in paragraph (c),
clauses (1) to deleted text begin (7)deleted text end new text begin (9)new text end . The funeral provider must offer the list upon beginning discussion
of, but in any event before showing, the specific funeral goods or burial site goods and
must provide a photocopy of the price list, for retention, if so asked by the consumer. The
list must contain, at least, the retail prices of all the specific funeral goods and burial site
goods offered which do not require special ordering, enough information to identify each,
and the effective date for the price list. However, funeral providers are not required to
make a specific price list available if the funeral providers place the information required
by this paragraph on the general price list described in paragraph (e).

(e) Funeral providers must give a printed price list, for retention, to persons who
inquire in person about the funeral goods, funeral services, burial site goods, or burial site
services or prices offered by the funeral provider. The funeral provider must give the list
upon beginning discussion of either the prices of or the overall type of funeral service or
disposition or specific funeral goods, funeral services, burial site goods, or burial site
services offered by the provider. This requirement applies whether the discussion takes
place in the funeral establishment or elsewhere. However, when the deceased is removed
for transportation to the funeral establishment, an in-person request for authorization to
embalm does not, by itself, trigger the requirement to offer the general price list. If the
provider, in making an in-person request for authorization to embalm, discloses that
embalming is not required by law except in certain special cases, the provider is not
required to offer the general price list. Any other discussion during that time about prices
or the selection of funeral goods, funeral services, burial site goods, or burial site services
triggers the requirement to give the consumer a general price list. The general price list
must contain the following information:

(1) the name, address, and telephone number of the funeral provider's place of
business;

(2) a caption describing the list as a "general price list";

(3) the effective date for the price list;

(4) the retail prices, in any order, expressed either as a flat fee or as the prices per
hour, mile, or other unit of computation, and other information described as follows:

(i) forwarding of remains to another funeral establishment, together with a list of
the services provided for any quoted price;

(ii) receiving remains from another funeral establishment, together with a list of
the services provided for any quoted price;

(iii) separate prices for each new text begin alkaline hydrolysis or new text end cremation offered by the funeral
provider, with the price including an alternative new text begin container new text end or new text begin alkaline hydrolysis or
new text end cremation container, any new text begin alkaline hydrolysis or new text end crematory charges, and a description of the
services and container included in the price, where applicable, and the price of new text begin alkaline
hydrolysis or new text end cremation where the purchaser provides the container;

(iv) separate prices for each immediate burial offered by the funeral provider,
including a casket or alternative container, and a description of the services and container
included in that price, and the price of immediate burial where the purchaser provides the
casket or alternative container;

(v) transfer of remains to the funeral establishment or other location;

(vi) embalming;

(vii) other preparation of the body;

(viii) use of facilities, equipment, or staff for viewing;

(ix) use of facilities, equipment, or staff for funeral ceremony;

(x) use of facilities, equipment, or staff for memorial service;

(xi) use of equipment or staff for graveside service;

(xii) hearse or funeral coach;

(xiii) limousine; and

(xiv) separate prices for all cemetery-specific goods and services, including all goods
and services associated with interment and burial site goods and services and excluding
markers and headstones;

(5) the price range for the caskets offered by the funeral provider, together with the
statement "A complete price list will be provided at the funeral establishment or casket
sale location." or the prices of individual caskets, as disclosed in the manner described
in paragraphs (c) and (d);

(6) the price range for the alternative containers offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or alternative container sale location." or the prices of individual alternative
containers, as disclosed in the manner described in paragraphs (c) and (d);

(7) the price range for the outer burial containers offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or outer burial container sale location." or the prices of individual outer
burial containers, as disclosed in the manner described in paragraphs (c) and (d);

new text begin (8) the price range for the alkaline hydrolysis container offered by the funeral
provider, together with the statement: "A complete price list will be provided at the funeral
establishment or alkaline hydrolysis container sale location.", or the prices of individual
alkaline hydrolysis containers, as disclosed in the manner described in paragraphs (c)
and (d);
 new text end

new text begin (9) the price range for the hydrolyzed remains container offered by the funeral
provider, together with the statement: "A complete price list will be provided at the
funeral establishment or hydrolyzed remains container sale location.", or the prices
of individual hydrolyzed remains container, as disclosed in the manner described in
paragraphs (c) and (d);
 new text end

deleted text begin (8)deleted text end new text begin (10) new text end the price range for the cremation containers offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or cremation container sale location." or the prices of individual cremation
containersdeleted text begin and cremated remains containersdeleted text end , as disclosed in the manner described in
paragraphs (c) and (d);

deleted text begin (9)deleted text end new text begin (11) new text end the price range for the cremated remains containers offered by the funeral
provider, together with the statement, "A complete price list will be provided at the funeral
establishment or deleted text begin cremationdeleted text end new text begin cremated remainsnew text end container sale location," or the prices of
individual cremation containers as disclosed in the manner described in paragraphs (c)
and (d);

deleted text begin (10)deleted text end new text begin (12) new text end the price for the basic services of funeral provider and staff, together with a
list of the principal basic services provided for any quoted price and, if the charge cannot
be declined by the purchaser, the statement "This fee for our basic services will be added
to the total cost of the funeral arrangements you select. (This fee is already included in
our charges for new text begin alkaline hydrolysis, new text end direct cremations, immediate burials, and forwarding
or receiving remains.)" If the charge cannot be declined by the purchaser, the quoted
price shall include all charges for the recovery of unallocated funeral provider overhead,
and funeral providers may include in the required disclosure the phrase "and overhead"
after the word "services." This services fee is the only funeral provider fee for services,
facilities, or unallocated overhead permitted by this subdivision to be nondeclinable,
unless otherwise required by law;

deleted text begin (11)deleted text end new text begin (13) new text end the price range for the markers and headstones offered by the funeral
provider, together with the statement "A complete price list will be provided at the funeral
establishment or marker or headstone sale location." or the prices of individual markers
and headstones, as disclosed in the manner described in paragraphs (c) and (d); and

deleted text begin (12)deleted text end new text begin (14) new text end any package priced funerals offered must be listed in addition to and
following the information required in paragraph (e) and must clearly state the funeral
goods and services being offered, the price being charged for those goods and services,
and the discounted savings.

(f) Funeral providers must give an itemized written statement, for retention, to each
consumer who arranges an at-need funeral or other disposition of human remains at the
conclusion of the discussion of the arrangements. The itemized written statement must be
signed by the consumer selecting the goods and services as required in section 149A.80.
If the statement is provided by a funeral establishment, the statement must be signed by
the licensed funeral director or mortician planning the arrangements. If the statement is
provided by any other funeral provider, the statement must be signed by an authorized
agent of the funeral provider. The statement must list the funeral goods, funeral services,
burial site goods, or burial site services selected by that consumer and the prices to be paid
for each item, specifically itemized cash advance items (these prices must be given to the
extent then known or reasonably ascertainable if the prices are not known or reasonably
ascertainable, a good faith estimate shall be given and a written statement of the actual
charges shall be provided before the final bill is paid), and the total cost of goods and
services selected. At the conclusion of an at-need arrangement, the funeral provider is
required to give the consumer a copy of the signed itemized written contract that must
contain the information required in this paragraph.

(g) Upon receiving actual notice of the death of an individual with whom a funeral
provider has entered a preneed funeral agreement, the funeral provider must provide
a copy of all preneed funeral agreement documents to the person who controls final
disposition of the human remains or to the designee of the person controlling disposition.
The person controlling final disposition shall be provided with these documents at the time
of the person's first in-person contact with the funeral provider, if the first contact occurs
in person at a funeral establishment, new text begin alkaline hydrolysis facility, new text end crematory, or other place
of business of the funeral provider. If the contact occurs by other means or at another
location, the documents must be provided within 24 hours of the first contact.

Sec. 49.

Minnesota Statutes 2012, section 149A.71, subdivision 4, is amended to read:


Subd. 4.

Casket, alternate container, new text begin alkaline hydrolysis containers, new text end and
cremation container sales; records; required disclosures.

Any funeral provider who
sells or offers to sell a casket, alternate container, new text begin alkaline hydrolysis container, hydrolyzed
remains container, new text end or cremation container, or cremated remains container to the public
must maintain a record of each sale that includes the name of the purchaser, the purchaser's
mailing address, the name of the decedent, the date of the decedent's death, and the place
of death. These records shall be open to inspection by the regulatory agency. Any funeral
provider selling a casket, alternate container, or cremation container to the public, and not
having charge of the final disposition of the dead human body, shall provide a copy of the
statutes and rules controlling the removal, preparation, transportation, arrangements for
disposition, and final disposition of a dead human body. This subdivision does not apply to
morticians, funeral directors, funeral establishments, crematories, or wholesale distributors
of caskets, alternate containers, new text begin alkaline hydrolysis containers, new text end or cremation containers.

Sec. 50.

Minnesota Statutes 2012, section 149A.72, subdivision 3, is amended to read:


Subd. 3.

Casket for new text begin alkaline hydrolysis or new text end cremation provisions; deceptive acts
or practices.

In selling or offering to sell funeral goods or funeral services to the public, it
is a deceptive act or practice for a funeral provider to represent that a casket is required for
new text begin alkaline hydrolysis or new text end cremations by state or local law or otherwise.

Sec. 51.

Minnesota Statutes 2012, section 149A.72, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Casket for alkaline hydrolysis provision; preventive measures. new text end

new text begin To
prevent deceptive acts or practices, funeral providers must place the following disclosure
in immediate conjunction with the prices shown for alkaline hydrolysis: "Minnesota
law does not require you to purchase a casket for alkaline hydrolysis. If you want to
arrange for alkaline hydrolysis, you can use an alkaline hydrolysis container. An alkaline
hydrolysis container is a hydrolyzable or biodegradable closed container or pouch resistant
to leakage of bodily fluids that encases the body and into which a dead human body is
placed prior to insertion into an alkaline hydrolysis vessel. The containers we provide
are (specify containers provided)." This disclosure is required only if the funeral provider
arranges alkaline hydrolysis.
 new text end

Sec. 52.

Minnesota Statutes 2012, section 149A.72, subdivision 9, is amended to read:


Subd. 9.

Deceptive acts or practices.

In selling or offering to sell funeral goods,
funeral services, burial site goods, or burial site services to the public, it is a deceptive act
or practice for a funeral provider to represent that federal, state, or local laws, or particular
cemeteriesnew text begin , alkaline hydrolysis facilities,new text end or crematories, require the purchase of any funeral
goods, funeral services, burial site goods, or burial site services when that is not the case.

Sec. 53.

Minnesota Statutes 2012, section 149A.73, subdivision 1, is amended to read:


Subdivision 1.

Casket for new text begin alkaline hydrolysis or new text end cremation provisions; deceptive
acts or practices.

In selling or offering to sell funeral goods, funeral services, burial site
goods, or burial site services to the public, it is a deceptive act or practice for a funeral
provider to require that a casket be purchased for new text begin alkaline hydrolysis or new text end cremation.

Sec. 54.

Minnesota Statutes 2012, section 149A.73, subdivision 2, is amended to read:


Subd. 2.

Casket for new text begin alkaline hydrolysis or new text end cremation; preventive requirements.

To prevent unfair or deceptive acts or practices, if funeral providers arrange new text begin for alkaline
hydrolysis or new text end cremations, they must make deleted text begin adeleted text end new text begin an alkaline hydrolysis container ornew text end cremation
container available for new text begin alkaline hydrolysis or new text end cremations.

Sec. 55.

Minnesota Statutes 2012, section 149A.73, subdivision 4, is amended to read:


Subd. 4.

Required purchases of funeral goods or services; preventive
requirements.

To prevent unfair or deceptive acts or practices, funeral providers must
place the following disclosure in the general price list, immediately above the prices
required by section 149A.71, subdivision 2, paragraph (e), clauses (4) to (10): "The goods
and services shown below are those we can provide to our customers. You may choose
only the items you desire. If legal or other requirements mean that you must buy any items
you did not specifically ask for, we will explain the reason in writing on the statement we
provide describing the funeral goods, funeral services, burial site goods, and burial site
services you selected." However, if the charge for "services of funeral director and staff"
cannot be declined by the purchaser, the statement shall include the sentence "However,
any funeral arrangements you select will include a charge for our basic services." between
the second and third sentences of the sentences specified in this subdivision. The statement
may include the phrase "and overhead" after the word "services" if the fee includes a
charge for the recovery of unallocated funeral overhead. If the funeral provider does
not include this disclosure statement, then the following disclosure statement must be
placed in the statement of funeral goods, funeral services, burial site goods, and burial site
services selected, as described in section 149A.71, subdivision 2, paragraph (f): "Charges
are only for those items that you selected or that are required. If we are required by law or
by a cemeterynew text begin , alkaline hydrolysis facility,new text end or crematory to use any items, we will explain
the reasons in writing below." A funeral provider is not in violation of this subdivision by
failing to comply with a request for a combination of goods or services which would be
impossible, impractical, or excessively burdensome to provide.

Sec. 56.

Minnesota Statutes 2012, section 149A.74, is amended to read:


149A.74 FUNERAL SERVICES PROVIDED WITHOUT PRIOR APPROVAL.

Subdivision 1.

Services provided without prior approval; deceptive acts or
practices.

In selling or offering to sell funeral goods or funeral services to the public, it
is a deceptive act or practice for any funeral provider to embalm a dead human body
unless state or local law or regulation requires embalming in the particular circumstances
regardless of any funeral choice which might be made, or prior approval for embalming
has been obtained from an individual legally authorized to make such a decision. In
seeking approval to embalm, the funeral provider must disclose that embalming is not
required by law except in certain circumstances; that a fee will be charged if a funeral
is selected which requires embalming, such as a funeral with viewing; and that no
embalming fee will be charged if the family selects a service which does not require
embalming, such as new text begin direct alkaline hydrolysis, new text end direct cremationnew text begin ,new text end or immediate burial.

Subd. 2.

Services provided without prior approval; preventive requirement.

To prevent unfair or deceptive acts or practices, funeral providers must include on
the itemized statement of funeral goods or services, as described in section 149A.71,
subdivision 2, paragraph (f), the statement "If you selected a funeral that may require
embalming, such as a funeral with viewing, you may have to pay for embalming. You do
not have to pay for embalming you did not approve if you selected arrangements such
as new text begin direct alkaline hydrolysis, new text end direct cremationnew text begin ,new text end or immediate burial. If we charged for
embalming, we will explain why below."

Sec. 57.

Minnesota Statutes 2012, section 149A.90, subdivision 8, is amended to read:


Subd. 8.

Proper holding facility required.

The funeral establishment to which a
dead human body is taken shall have an appropriate holding facility for storing the body
while awaiting final disposition. The holding facility must be secure from access by
anyone except the authorized personnel of the funeral establishment, preserve the dignity
of the remains, and protect the health and safety of the funeral establishment personnel.new text begin A
holding facility may not be used for preparation or embalming of the body.
new text end

Sec. 58.

Minnesota Statutes 2012, section 149A.91, subdivision 9, is amended to read:


Subd. 9.

deleted text begin Embalmeddeleted text end Bodies awaiting new text begin final new text end disposition.

All deleted text begin embalmeddeleted text end bodies
awaiting final disposition shall be kept in an appropriate holding facility or preparation
and embalming room. The holding facility must be secure from access by anyone except
the authorized personnel of the funeral establishment, preserve the dignity and integrity of
the body, and protect the health and safety of the personnel of the funeral establishment.

Sec. 59.

Minnesota Statutes 2012, section 149A.92, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin Exemptiondeleted text end new text begin Exemptionsnew text end .

new text begin (a) new text end All funeral establishments having a
preparation and embalming room that has not been used for the preparation or embalming
of a dead human body in the 12 calendar months prior to July 1, 1997, are exempt from
the minimum requirements in subdivisions 2 to 6, except as provided in this section. At
the time that ownership of a funeral establishment changes, the physical location of the
establishment changes, or the building housing the funeral establishment or business space
of the establishment is remodeled the existing preparation and embalming room must be
brought into compliance with the minimum standards in this section.

new text begin (b) Funeral establishments are not required to contain a preparation and embalming
room when it is a branch funeral establishment of a Minnesota licensed funeral
establishment that has a preparation and embalming room meeting the standards set forth
in subdivisions 2 to 10.
 new text end

Sec. 60.

Minnesota Statutes 2012, section 149A.93, subdivision 3, is amended to read:


Subd. 3.

Disposition permit.

A disposition permit is required before a body can
be buried, entombed, new text begin alkaline hydrolyzed, new text end or cremated. No disposition permit shall be
issued until a fact of death record has been completed and filed with the local or state
registrar of vital statistics.

Sec. 61.

Minnesota Statutes 2012, section 149A.93, subdivision 6, is amended to read:


Subd. 6.

Conveyances permitted for transportation.

A dead human body may be
transported by means of private vehicle or private aircraft, provided that the body must be
encased in an appropriate container, that meets the following standards:

(1) promotes respect for and preserves the dignity of the dead human body;

(2) shields the body from being viewed from outside of the conveyance;

(3) has ample enclosed area to accommodate a cot, stretcher, rigid tray, casket,
alternative container, new text begin alkaline hydrolysis container, new text end or cremation container in a horizontal
position;

(4) is designed to permit loading and unloading of the body without excessive tilting
of the cot, stretcher, rigid tray, casket, alternative container,new text begin alkaline hydrolysis container,
new text end or cremation container; and

(5) if used for the transportation of more than one dead human body at one time,
the vehicle must be designed so that a body or container does not rest directly on top of
another body or container and that each body or container is secured to prevent the body
or container from excessive movement within the conveyance.

A vehicle that is a dignified conveyance and was specified for use by the deceased
or by the family of the deceased may be used to transport the body to the place of final
disposition.

Sec. 62.

Minnesota Statutes 2012, section 149A.94, is amended to read:


149A.94 FINAL DISPOSITION.

Subdivision 1.

Generally.

Every dead human body lying within the state, except
unclaimed bodies delivered for dissection by the medical examiner, those delivered for
anatomical study pursuant to section 149A.81, subdivision 2, or lawfully carried through
the state for the purpose of disposition elsewhere; and the remains of any dead human
body after dissection or anatomical study, shall be decently burieddeleted text begin ,deleted text end new text begin ornew text end entombed in a
public or private cemetery, new text begin alkaline hydrolyzed new text end or cremateddeleted text begin ,deleted text end within a reasonable time
after death. Where final disposition of a body will not be accomplished within 72 hours
following death or release of the body by a competent authority with jurisdiction over the
body, the body must be properly embalmed, refrigerated, or packed with dry ice. A body
may not be kept in refrigeration for a period exceeding six calendar days, or packed in dry
ice for a period that exceeds four calendar days, from the time of death or release of the
body from the coroner or medical examiner.

Subd. 3.

Permit required.

No dead human body shall be buried, entombed, or
cremated without a disposition permit. The disposition permit must be filed with the person
in charge of the place of final disposition. Where a dead human body will be transported out
of this state for final disposition, the body must be accompanied by a certificate of removal.

Subd. 4.

new text begin Alkaline hydrolysis or new text end cremation.

Inurnment of new text begin alkaline hydrolyzed or
new text end cremated remains and release to an appropriate party is considered final disposition and no
further permits or authorizations are required for transportation, interment, entombment, or
placement of the cremated remains, except as provided in section 149A.95, subdivision 16.

Sec. 63.

new text begin [149A.941] ALKALINE HYDROLYSIS FACILITIES AND ALKALINE
HYDROLYSIS.
 new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin A dead human body may only be hydrolyzed in
this state at an alkaline hydrolysis facility licensed by the commissioner of health.
 new text end

new text begin Subd. 2. new text end

new text begin General requirements. new text end

new text begin Any building to be used as an alkaline hydrolysis
facility must comply with all applicable local and state building codes, zoning laws and
ordinances, wastewater management regulations, and environmental statutes, rules, and
standards. An alkaline hydrolysis facility must have, on site, a purpose built human
alkaline hydrolysis system approved by the commissioner of health, a system approved by
the commissioner of health for drying the hydrolyzed remains, a motorized mechanical
device approved by the commissioner of health for processing hydrolyzed remains and
must have in the building a holding facility approved by the commissioner of health for
the retention of dead human bodies awaiting alkaline hydrolysis. The holding facility
must be secure from access by anyone except the authorized personnel of the alkaline
hydrolysis facility, preserve the dignity of the remains, and protect the health and safety of
the alkaline hydrolysis facility personnel.
 new text end

new text begin Subd. 3. new text end

new text begin Lighting and ventilation. new text end

new text begin The room where the alkaline hydrolysis vessel
is located and the room where the chemical storage takes place shall be properly lit and
ventilated with an exhaust fan that provides at least 12 air changes per hour.
 new text end

new text begin Subd. 4. new text end

new text begin Plumbing connections. new text end

new text begin All plumbing fixtures, water supply lines,
plumbing vents, and waste drains shall be properly vented and connected pursuant to the
Minnesota Plumbing Code. The alkaline hydrolysis facility shall be equipped with a
functional sink with hot and cold running water.
 new text end

new text begin Subd. 5. new text end

new text begin Flooring, walls, ceiling, doors, and windows. new text end

new text begin The room where the
alkaline hydrolysis vessel is located and the room where the chemical storage takes place
shall have nonporous flooring, so that a sanitary condition is provided. The walls and
ceiling of the room where the alkaline hydrolysis vessel is located and the room where
the chemical storage takes place shall run from floor to ceiling and be covered with tile,
or by plaster or sheetrock painted with washable paint or other appropriate material so
that a sanitary condition is provided. The doors, walls, ceiling, and windows shall be
constructed to prevent odors from entering any other part of the building. All windows
or other openings to the outside must be screened and all windows must be treated in a
manner that prevents viewing into the room where the alkaline hydrolysis vessel is located
and the room where the chemical storage takes place. A viewing window for authorized
family members or their designees is not a violation of this subdivision.
 new text end

new text begin Subd. 6. new text end

new text begin Equipment and supplies. new text end

new text begin The alkaline hydrolysis facility must have a
functional emergency eye wash and quick drench shower.
 new text end

new text begin Subd. 7. new text end

new text begin Access and privacy. new text end

new text begin (a) The room where the alkaline hydrolysis vessel is
located and the room where the chemical storage takes place must be private and have no
general passageway through it. The room shall, at all times, be secure from the entrance of
unauthorized persons. Authorized persons are:
 new text end

new text begin (1) licensed morticians;
 new text end

new text begin (2) registered interns or students as described in section 149A.91, subdivision 6;
 new text end

new text begin (3) public officials or representatives in the discharge of their official duties;
new text end

new text begin (4) trained alkaline hydrolysis facility operators; and
 new text end

new text begin (5) the person(s) with the right to control the dead human body as defined in section
149A.80, subdivision 2, and their designees.
 new text end

new text begin (b) Each door allowing ingress or egress shall carry a sign that indicates that the
room is private and access is limited. All authorized persons who are present in or enter
the room where the alkaline hydrolysis vessel is located while a body is being prepared for
final disposition must be attired according to all applicable state and federal regulations
regarding the control of infectious disease and occupational and workplace health and
safety.
 new text end

new text begin Subd. 8. new text end

new text begin Sanitary conditions and permitted use. new text end

new text begin The room where the alkaline
hydrolysis vessel is located and the room where the chemical storage takes place and all
fixtures, equipment, instruments, receptacles, clothing, and other appliances or supplies
stored or used in the room must be maintained in a clean and sanitary condition at all times.
 new text end

new text begin Subd. 9. new text end

new text begin Boiler use. new text end

new text begin When a boiler is required by the manufacturer of the alkaline
hydrolysis vessel for its operation, all state and local regulations for that boiler must be
followed.
 new text end

new text begin Subd. 10. new text end

new text begin Occupational and workplace safety. new text end

new text begin All applicable provisions of state
and federal regulations regarding exposure to workplace hazards and accidents shall be
followed in order to protect the health and safety of all authorized persons at the alkaline
hydrolysis facility.
 new text end

new text begin Subd. 11. new text end

new text begin Licensed personnel. new text end

new text begin A licensed alkaline hydrolysis facility must employ
a licensed mortician to carry out the process of alkaline hydrolysis of a dead human body.
It is the duty of the licensed alkaline hydrolysis facility to provide proper training which
includes a certified operators training approved by the commissioner of health for all
personnel and the licensed alkaline hydrolysis facility shall be strictly accountable for
compliance with this chapter and other applicable state and federal regulations regarding
occupational and workplace health and safety.
 new text end

new text begin Subd. 12. new text end

new text begin Authorization to hydrolyze required. new text end

new text begin No alkaline hydrolysis facility
shall hydrolyze or cause to be hydrolyzed any dead human body or identifiable body part
without receiving written authorization to do so from the person or persons who have the
legal right to control disposition as described in section 149A.80 or the person's legal
designee. The written authorization must include:
 new text end

new text begin (1) the name of the deceased and the date of death of the deceased;
 new text end

new text begin (2) a statement authorizing the alkaline hydrolysis facility to hydrolyze the body;
 new text end

new text begin (3) the name, address, telephone number, relationship to the deceased, and signature
of the person or persons with legal right to control final disposition or a legal designee;
 new text end

new text begin (4) directions for the disposition of any nonhydrolyzed materials or items recovered
from the alkaline hydrolysis vessel;
 new text end

new text begin (5) acknowledgment that the hydrolyzed remains will be dried and mechanically
reduced to a granulated appearance and place in an appropriate container and authorization
to place any hydrolyzed remains that a selected urn or container will not accommodate
into a temporary container;
 new text end

new text begin (6) new text end new text begin acknowledgment that, even with the exercise of reasonable care, it is not possible
to recover all particles of the hydrolyzed remains and that some particles may inadvertently
become commingled with particles of other hydrolyzed remains that remain in the alkaline
hydrolysis vessel or other mechanical devices used to process the hydrolyzed remains;
 new text end

new text begin (7) directions for the ultimate disposition of the hydrolyzed remains; and
 new text end

new text begin (8) a statement that includes, but is not limited to, the following information:
"During the alkaline hydrolysis process, chemical dissolution using heat, water, and an
alkaline solution is used to chemically break down the human tissue and the hydrolyzable
alkaline hydrolysis container. After the process is complete, the liquid effluent solution
contains the chemical by-products of the alkaline hydrolysis process except for the
deceased's bone fragments. The solution is cooled and released according to local
environmental regulations. A water rinse is applied to the hydrolyzed remains which are
then dried and processed to facilitate inurnment or scattering."
 new text end

new text begin Subd. 13. new text end

new text begin Limitation of liability. new text end

new text begin A licensed alkaline hydrolysis facility acting in
good faith, with reasonable reliance upon an authorization to hydrolyze, pursuant to an
authorization to hydrolyze and in an otherwise lawful manner, shall be held harmless from
civil liability and criminal prosecution for any actions taken by the alkaline hydrolysis
facility.
 new text end

new text begin Subd. 14. new text end

new text begin Acceptance of delivery of body. new text end

new text begin (a) No dead human body shall be
accepted for final disposition by alkaline hydrolysis unless:
 new text end

new text begin (1) encased in an appropriate alkaline hydrolysis container;
 new text end

new text begin (2) accompanied by a disposition permit issued pursuant to section 149A.93,
subdivision 3, including a photocopy of the completed death record or a signed release
authorizing alkaline hydrolysis of the body received from the coroner or medical
examiner; and
 new text end

new text begin (3) accompanied by an alkaline hydrolysis authorization that complies with
subdivision 4.
 new text end

new text begin (b) An alkaline hydrolysis facility shall refuse to accept delivery of an alkaline
hydrolysis container where there is:
 new text end

new text begin (1) evidence of leakage of fluids from the alkaline hydrolysis container;
 new text end

new text begin (2) a known dispute concerning hydrolysis of the body delivered;
 new text end

new text begin (3) a reasonable basis for questioning any of the representations made on the written
authorization to hydrolyze; or
 new text end

new text begin (4) any other lawful reason.
 new text end

new text begin Subd. 15. new text end

new text begin Bodies awaiting hydrolysis. new text end

new text begin A dead human body must be hydrolyzed
within 24 hours of the alkaline hydrolysis facility accepting legal and physical custody of
the body.
 new text end

new text begin Subd. 16. new text end

new text begin Handling of alkaline hydrolysis containers for dead human bodies.
 new text end

new text begin All alkaline hydrolysis facility employees handling alkaline hydrolysis containers for
dead human bodies shall use universal precautions and otherwise exercise all reasonable
precautions to minimize the risk of transmitting any communicable disease from the body.
No dead human body shall be removed from the container in which it is delivered.
 new text end

new text begin Subd. 17. new text end

new text begin Identification of body. new text end

new text begin All licensed alkaline hydrolysis facilities shall
develop, implement, and maintain an identification procedure whereby dead human
bodes can be identified from the time the alkaline hydrolysis facility accepts delivery
of the remains until the hydrolyzed remains are released to an authorized party. After
hydrolyzation, an identifying disk, tab, or other permanent label shall be placed within the
hydrolyzed remains container before the hydrolyzed remains are released from the alkaline
hydrolysis facility. Each identification disk, tab, or label shall have a number that shall
be recorded on all paperwork regarding the decedent. This procedure shall be designed
to reasonably ensure that the proper body is hydrolyzed and that the hydrolyzed remains
are returned to the appropriate party. Loss of all or part of the hydrolyzed remains or the
inability to individually identify the hydrolyzed remains is a violation of this subdivision.
 new text end

new text begin Subd. 18. new text end

new text begin Alkaline hydrolysis vessel for human remains. new text end

new text begin A licensed alkaline
hydrolysis facility shall knowingly hydrolyze only dead human bodies or human remains
in an alkaline hydrolysis vessel, along with the alkaline hydrolysis container used for
infectious disease control.
 new text end

new text begin Subd. 19. new text end

new text begin Alkaline hydrolysis procedures; privacy. new text end

new text begin The final disposition of
dead human bodies by alkaline hydrolysis shall be done in privacy. Unless there is
written authorization from the person with the legal right to control the disposition,
only authorized alkaline hydrolysis facility personnel shall be permitted in the alkaline
hydrolysis area while any dead human body is in the alkaline hydrolysis area awaiting
alkaline hydrolysis, in the alkaline hydrolysis vessel, being removed from the alkaline
hydrolysis vessel, or being processed and placed in a hydrolyzed remains container.
 new text end

new text begin Subd. 20. new text end

new text begin Alkaline hydrolysis procedures; commingling of hydrolyzed remains
prohibited. new text end

new text begin Except with the express written permission of the person with the legal right
to control the disposition, no alkaline hydrolysis facility shall hydrolyze more than one
dead human body at the same time and in the same alkaline hydrolysis vessel, or introduce
a second dead human body into an alkaline hydrolysis vessel until reasonable efforts have
been employed to remove all fragments of the preceding hydrolyzed remains, or hydrolyze
a dead human body and other human remains at the same time and in the same alkaline
hydrolysis vessel. This section does not apply where commingling of human remains
during alkaline hydrolysis is otherwise provided by law. The fact that there is incidental
and unavoidable residue in the alkaline hydrolysis vessel used in a prior hydrolyzation is
not a violation of this subdivision.
 new text end

new text begin Subd. 21. new text end

new text begin Alkaline hydrolysis procedures; removal from alkaline hydrolysis
vessel. new text end

new text begin Upon completion of the alkaline hydrolysis process, reasonable efforts shall be
made to remove from the alkaline hydrolysis vessel all of the recoverable hydrolyzed
remains and nonhydrolyzed materials or items. Further, all reasonable efforts shall be
made to separate and recover the nonhydrolyzed materials or items from the hydrolyzed
human remains and dispose of these materials in a lawful manner, by the alkaline
hydrolysis facility. The hydrolyzed human remains shall be placed in an appropriate
container to be transported to the processing area.
 new text end

new text begin Subd. 22. new text end

new text begin Drying device or mechanical processor procedures; commingling of
hydrolyzed remains prohibited. new text end

new text begin Except with the express written permission of the
person with the legal right to control the final disposition or otherwise provided by
law, no alkaline hydrolysis facility shall dry or mechanically process the hydrolyzed
human remains of more than one body at a time in the same drying device or mechanical
processor, or introduce the hydrolyzed human remains of a second body into a drying
device or mechanical processor until processing of any preceding hydrolyzed human
remains has been terminated and reasonable efforts have been employed to remove all
fragments of the preceding hydrolyzed remains. The fact that there is incidental and
unavoidable residue in the drying device, the mechanical processor, or any container used
in a prior alkaline hydrolysis process, is not a violation of this provision.
 new text end

new text begin Subd. 23. new text end

new text begin Alkaline hydrolysis procedures; processing hydrolyzed remains. new text end

new text begin The
hydrolyzed human remains shall be dried and then reduced by a motorized mechanical
device to a granulated appearance appropriate for final disposition and placed in an alkaline
hydrolysis remains container along with the appropriate identifying disk, tab, or permanent
label. Processing must take place within the licensed alkaline hydrolysis facility. Dental
gold, silver or amalgam, jewelry, or mementos, to the extent that they can be identified, may
be removed by certified alkaline hydrolysis facility staff prior to processing the hydrolyzed
remains; however, any dental gold and silver, jewelry, or mementos that are removed shall
be returned to the hydrolyzed remains container unless otherwise directed by the person or
persons having the right to control the final disposition. Every person who removes or
possesses dental gold or silver, jewelry, or mementos from any hydrolyzed remains without
specific written permission of the person or persons having the right to control those
remains is guilty of a misdemeanor. The fact that residue and any unavoidable dental gold
or dental silver, or other precious metals remain in the alkaline hydrolysis vessel or other
equipment or any container used in a prior hydrolysis is not a violation of this section.
 new text end

new text begin Subd. 24. new text end

new text begin Alkaline hydrolysis procedures; container of insufficient capacity.
 new text end

new text begin If a hydrolyzed remains container is of insufficient capacity to accommodate all
hydrolyzed remains of a given dead human body, subject to directives provided in the
written authorization to hydrolyze, the alkaline hydrolysis facility shall place the excess
hydrolyzed remains in a secondary alkaline hydrolysis remains container and attach the
second container, in a manner so as not to be easily detached through incidental contact, to
the primary alkaline hydrolysis remains container. The secondary container shall contain a
duplicate of the identification disk, tab, or permanent label that was placed in the primary
container and all paperwork regarding the given body shall include a notation that the
hydrolyzed remains were placed in two containers. Keepsake jewelry or similar miniature
hydrolyzed remains containers are not subject to the requirements of this subdivision.
 new text end

new text begin Subd. 25. new text end

new text begin Disposition procedures; commingling of hydrolyzed remains
prohibited. new text end

new text begin No hydrolyzed remains shall be disposed of or scattered in a manner or in
a location where the hydrolyzed remains are commingled with those of another person
without the express written permission of the person with the legal right to control
disposition or as otherwise provided by law. This subdivision does not apply to the
scattering or burial of hydrolyzed remains at sea or in a body of water from individual
containers, to the scattering or burial of hydrolyzed remains in a dedicated cemetery, to
the disposal in a dedicated cemetery of accumulated residue removed from an alkaline
hydrolysis vessel or other alkaline hydrolysis equipment, to the inurnment of members
of the same family in a common container designed for the hydrolyzed remains of more
than one body, or to the inurnment in a container or interment in a space that has been
previously designated, at the time of sale or purchase, as being intended for the inurnment
or interment of the hydrolyzed remains of more than one person.
 new text end

new text begin Subd. 26. new text end

new text begin Alkaline hydrolysis procedures; disposition of accumulated residue.
 new text end

new text begin Every alkaline hydrolysis facility shall provide for the removal and disposition in a
dedicated cemetery of any accumulated residue from any alkaline hydrolysis vessel,
drying device, mechanical processor, container, or other equipment used in alkaline
hydrolysis. Disposition of accumulated residue shall be according to the regulations of the
dedicated cemetery and any applicable local ordinances.
 new text end

new text begin Subd. 27. new text end

new text begin Alkaline hydrolysis procedures; release of hydrolyzed remains.
 new text end

new text begin Following completion of the hydrolyzation, the inurned hydrolyzed remains shall be
released according to the instructions given on the written authorization to hydrolyze. If
the hydrolyzed remains are to be shipped, they must be securely packaged and transported
by a method which has an internal tracing system available and which provides for a
receipt signed by the person accepting delivery. Where there is a dispute over release
or disposition of the hydrolyzed remains, an alkaline hydrolysis facility may deposit
the hydrolyzed remains with a court of competent jurisdiction pending resolution of the
dispute or retain the hydrolyzed remains until the person with the legal right to control
disposition presents satisfactory indication that the dispute is resolved.
 new text end

new text begin Subd. 28. new text end

new text begin Unclaimed hydrolyzed remains. new text end

new text begin If, after 30 calendar days following
the inurnment, the hydrolyzed remains are not claimed or disposed of according to the
written authorization to hydrolyze, the alkaline hydrolysis facility or funeral establishment
may give written notice, by certified mail, to the person with the legal right to control
the final disposition or a legal designee, that the hydrolyzed remains are unclaimed and
requesting further release directions. Should the hydrolyzed remains be unclaimed 120
calendar days following the mailing of the written notification, the alkaline hydrolysis
facility or funeral establishment may dispose of the hydrolyzed remains in any lawful
manner deemed appropriate.
 new text end

new text begin Subd. 29. new text end

new text begin Required records. new text end

new text begin Every alkaline hydrolysis facility shall create and
maintain on its premises or other business location in Minnesota an accurate record of
every hydrolyzation provided. The record shall include all of the following information
for each hydrolyzation:
 new text end

new text begin (1) the name of the person or funeral establishment delivering the body for alkaline
hydrolysis;
 new text end

new text begin (2) the name of the deceased and the identification number assigned to the body;
 new text end

new text begin (3) the date of acceptance of delivery;
 new text end

new text begin (4) the names of the alkaline hydrolysis vessel, drying device, and mechanical
processor operator;
 new text end

new text begin (5) the time and date that the body was placed in and removed from the alkaline
hydrolysis vessel;
 new text end

new text begin (6) the time and date that processing and inurnment of the hydrolyzed remains
was completed;
 new text end

new text begin (7) the time, date, and manner of release of the hydrolyzed remains;
 new text end

new text begin (8) the name and address of the person who signed the authorization to hydrolyze;
 new text end

new text begin (9) all supporting documentation, including any transit or disposition permits, a
photocopy of the death record, and the authorization to hydrolyze; and
 new text end

new text begin (10) the type of alkaline hydrolysis container.
 new text end

new text begin Subd. 30. new text end

new text begin Retention of records. new text end

new text begin Records required under subdivision 20 shall be
maintained for a period of three calendar years after the release of the hydrolyzed remains.
Following this period and subject to any other laws requiring retention of records, the
alkaline hydrolysis facility may then place the records in storage or reduce them to
microfilm, microfiche, laser disc, or any other method that can produce an accurate
reproduction of the original record, for retention for a period of ten calendar years from
the date of release of the hydrolyzed remains. At the end of this period and subject to any
other laws requiring retention of records, the alkaline hydrolysis facility may destroy
the records by shredding, incineration, or any other manner that protects the privacy of
the individuals identified.
 new text end

Sec. 64.

Minnesota Statutes 2012, section 149A.96, subdivision 9, is amended to read:


Subd. 9.

new text begin Hydrolyzed and new text end cremated remains.

Subject to section 149A.95,
subdivision 16, inurnment of the new text begin hydrolyzed or new text end cremated remains and release to an
appropriate party is considered final disposition and no further permits or authorizations
are required for disinterment, transportation, or placement of the new text begin hydrolyzed or new text end cremated
remains.

Sec. 65. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall substitute the term "vertical heat exchangers" or "vertical
heat exchanger" with "bored geothermal heat exchangers" or "bored geothermal heat
exchanger" wherever it appears in Minnesota Statutes, sections 103I.005, subdivisions
2 and 12; 103I.101, subdivisions 2 and 5; 103I.105; 103I.205, subdivision 4; 103I.208,
subdivision 2; 103I.501; 103I.531, subdivision 5; and 103I.641, subdivisions 1, 2, and 3.
 new text end

Sec. 66. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 103I.005, subdivision 20; 149A.025; 149A.20,
subdivision 8; 149A.30, subdivision 2; 149A.40, subdivision 8; 149A.45, subdivision 6;
149A.50, subdivision 6; 149A.51, subdivision 7; 149A.52, subdivision 5a; 149A.53,
subdivision 9; and 485.14, new text end new text begin are repealed.
 new text end

new text begin (b) new text end new text begin Minnesota Statutes 2012, section 144.123, subdivision 2, new text end new text begin is repealed effective
July 1, 2014.
 new text end

ARTICLE 14

HEALTH AND HUMAN SERVICES APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS.
new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
 new text end

new text begin 2014
 new text end 		new text begin 2015
 new text end 		new text begin Total
 new text end
new text begin General
 new text end 		new text begin $
 new text end 		new text begin 5,647,668,000
 new text end 		new text begin $
 new text end 		new text begin 5,977,548,000
 new text end 		new text begin $
 new text end 		new text begin 11,625,215,000
 new text end
new text begin State Government Special
Revenue
 new text end 		new text begin 70,308,000
 new text end 		new text begin 73,019,000
 new text end 		new text begin 143,327,000
 new text end
new text begin Health Care Access
 new text end 		new text begin 621,234,000
 new text end 		new text begin 249,410,000
 new text end 		new text begin 870,644,000
 new text end
new text begin Federal TANF
 new text end 		new text begin 269,532,000
 new text end 		new text begin 268,427,000
 new text end 		new text begin 537,959,000
 new text end
new text begin Lottery Prize Fund
 new text end 		new text begin 1,665,000
 new text end 		new text begin 1,665,000
 new text end 		new text begin 3,330,000
 new text end
new text begin Total
 new text end 		new text begin $
 new text end 		new text begin 6,610,407,000
 new text end 		new text begin $
 new text end 		new text begin 6,570,069,000
 new text end 		new text begin $
 new text end 		new text begin 13,180,475,000
 new text end

Sec. 2. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS.new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2014" and "2015" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2014, or
June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
year 2015. "The biennium" is fiscal years 2014 and 2015.
 new text end

new text begin APPROPRIATIONS
 new text end
new text begin Available for the Year
 new text end
new text begin Ending June 30
 new text end
new text begin 2014
 new text end 		new text begin 2015
 new text end

Sec. 3. new text begin COMMISSIONER OF HUMAN
SERVICES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
 new text end

new text begin $
 new text end 		new text begin 6,418,000,000
 new text end 		new text begin $
 new text end 		new text begin 6,382,943,000
 new text end
new text begin Appropriations by Fund
 new text end
new text begin 2014
 new text end 		new text begin 2015
 new text end
new text begin General
 new text end 		new text begin 5,564,459,000
 new text end 		new text begin 5,899,531,000
 new text end
new text begin State Government
Special Revenue
 new text end 		new text begin 4,065,000
 new text end 		new text begin 6,265,000
 new text end
new text begin Health Care Access
 new text end 		new text begin 589,992,000
 new text end 		new text begin 218,768,000
 new text end
new text begin Federal TANF
 new text end 		new text begin 257,819,000
 new text end 		new text begin 256,714,000
 new text end
new text begin Lottery Prize Fund
 new text end 		new text begin 1,665,000
 new text end 		new text begin 1,665,000
 new text end

new text begin Receipts for Systems Projects.
Appropriations and federal receipts for
information systems projects for MAXIS,
PRISM, MMIS, and SSIS must be deposited
in the state system account authorized
in Minnesota Statutes, section 256.014.
Money appropriated for computer projects
approved by the commissioner of Minnesota
information technology services, funded
by the legislature, and approved by the
commissioner of management and budget,
may be transferred from one project to
another and from development to operations
as the commissioner of human services
considers necessary. Any unexpended
balance in the appropriation for these
projects does not cancel but is available for
ongoing development and operations.
 new text end

new text begin Nonfederal Share Transfers. The
nonfederal share of activities for which
federal administrative reimbursement is
appropriated to the commissioner may be
transferred to the special revenue fund.
 new text end

new text begin ARRA Supplemental Nutrition Assistance
Benefit Increases. The funds provided for
food support benefit increases under the
Supplemental Nutrition Assistance Program
provisions of the American Recovery and
Reinvestment Act (ARRA) of 2009 must be
used for benefit increases beginning July 1,
2009.
 new text end

new text begin Supplemental Nutrition Assistance
Program Employment and Training.
(1) Notwithstanding Minnesota Statutes,
sections 256D.051, subdivisions 1a, 6b,
and 6c, and 256J.626, federal Supplemental
Nutrition Assistance employment and
training funds received as reimbursement of
MFIP consolidated fund grant expenditures
for diversionary work program participants
and child care assistance program
expenditures must be deposited in the general
fund. The amount of funds must be limited to
$4,900,000 per year in fiscal years 2014 and
2015, and to $4,400,000 per year in fiscal
years 2016 and 2017, contingent on approval
by the federal Food and Nutrition Service.
 new text end

new text begin (2) Consistent with the receipt of the federal
funds, the commissioner may adjust the
level of working family credit expenditures
claimed as TANF maintenance of effort.
Notwithstanding any contrary provision in
this article, this rider expires June 30, 2017.
 new text end

new text begin TANF Maintenance of Effort. (a) In order
to meet the basic maintenance of effort
(MOE) requirements of the TANF block grant
specified under Code of Federal Regulations,
title 45, section 263.1, the commissioner may
only report nonfederal money expended for
allowable activities listed in the following
clauses as TANF/MOE expenditures:
 new text end

new text begin (1) MFIP cash, diversionary work program,
and food assistance benefits under Minnesota
Statutes, chapter 256J;
 new text end

new text begin (2) the child care assistance programs
under Minnesota Statutes, sections 119B.03
and 119B.05, and county child care
administrative costs under Minnesota
Statutes, section 119B.15;
 new text end

new text begin (3) state and county MFIP administrative
costs under Minnesota Statutes, chapters
256J and 256K;
 new text end

new text begin (4) state, county, and tribal MFIP
employment services under Minnesota
Statutes, chapters 256J and 256K;
 new text end

new text begin (5) expenditures made on behalf of legal
noncitizen MFIP recipients who qualify for
the MinnesotaCare program under Minnesota
Statutes, chapter 256L;
 new text end

new text begin (6) qualifying working family credit
expenditures under Minnesota Statutes,
section 290.0671;
 new text end

new text begin (7) qualifying Minnesota education credit
expenditures under Minnesota Statutes,
section 290.0674; and
 new text end

new text begin (8) qualifying Head Start expenditures under
Minnesota Statutes, section 119A.50.
 new text end

new text begin (b) The commissioner shall ensure that
sufficient qualified nonfederal expenditures
are made each year to meet the state's
TANF/MOE requirements. For the activities
listed in paragraph (a), clauses (2) to
(8), the commissioner may only report
expenditures that are excluded from the
definition of assistance under Code of
Federal Regulations, title 45, section 260.31.
 new text end

new text begin (c) For fiscal years beginning with state fiscal
year 2003, the commissioner shall ensure
that the maintenance of effort used by the
commissioner of management and budget
for the February and November forecasts
required under Minnesota Statutes, section
16A.103, contains expenditures under
paragraph (a), clause (1), equal to at least 16
percent of the total required under Code of
Federal Regulations, title 45, section 263.1.
 new text end

new text begin (d) The requirement in Minnesota Statutes,
section 256.011, subdivision 3, that federal
grants or aids secured or obtained under that
subdivision be used to reduce any direct
appropriations provided by law, do not apply
if the grants or aids are federal TANF funds.
 new text end

new text begin (e) For the federal fiscal years beginning on
or after October 1, 2007, the commissioner
may not claim an amount of TANF/MOE in
excess of the 75 percent standard in Code
of Federal Regulations, title 45, section
263.1(a)(2), except:
 new text end

new text begin (1) to the extent necessary to meet the 80
percent standard under Code of Federal
Regulations, title 45, section 263.1(a)(1),
if it is determined by the commissioner
that the state will not meet the TANF work
participation target rate for the current year;
 new text end

new text begin (2) to provide any additional amounts
under Code of Federal Regulations, title 45,
section 264.5, that relate to replacement of
TANF funds due to the operation of TANF
penalties; and
 new text end

new text begin (3) to provide any additional amounts that
may contribute to avoiding or reducing
TANF work participation penalties through
the operation of the excess MOE provisions
of Code of Federal Regulations, title 45,
section 261.43(a)(2).
 new text end

new text begin For the purposes of clauses (1) to (3),
the commissioner may supplement the
MOE claim with working family credit
expenditures or other qualified expenditures
to the extent such expenditures are otherwise
available after considering the expenditures
allowed in this subdivision and subdivisions
2 and 3.
 new text end

new text begin (f) Notwithstanding any contrary provision
in this article, paragraphs (a) to (e) expire
June 30, 2017.
 new text end

new text begin Working Family Credit Expenditures
as TANF/MOE. The commissioner may
claim as TANF maintenance of effort up to
$6,707,000 per year of working family credit
expenditures in each fiscal year.
 new text end

new text begin Subd. 2. new text end

new text begin Working Family Credit to be Claimed
for TANF/MOE
 new text end

new text begin The commissioner may count the following
amounts of working family credit
expenditures as TANF/MOE:
 new text end

new text begin (1) fiscal year 2014, $43,576,000; and
 new text end

new text begin (2) fiscal year 2015, $43,548,000.
 new text end

new text begin Subd. 3. new text end

new text begin TANF Transfer to Federal Child Care
and Development Fund
 new text end

new text begin (a) The following TANF fund amounts
are appropriated to the commissioner for
purposes of MFIP/transition year child care
assistance under Minnesota Statutes, section
119B.05:
 new text end

new text begin (1) fiscal year 2014; $14,020,000; and
 new text end

new text begin (2) fiscal year 2015, $14,020,000.
 new text end

new text begin (b) The commissioner shall authorize the
transfer of sufficient TANF funds to the
federal child care and development fund to
meet this appropriation and shall ensure that
all transferred funds are expended according
to federal child care and development fund
regulations.
 new text end

new text begin Subd. 4. new text end

new text begin Central Office
 new text end

new text begin The amounts that may be spent from this
appropriation for each purpose are as follows:
 new text end

new text begin (a) Operations
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 96,928,000
 new text end 		new text begin 91,123,000
 new text end
new text begin State Government
Special Revenue
 new text end 		new text begin 3,940,000
 new text end 		new text begin 6,140,000
 new text end
new text begin Health Care Access
 new text end 		new text begin 12,453,000
 new text end 		new text begin 12,453,000
 new text end
new text begin Federal TANF
 new text end 		new text begin 100,000
 new text end 		new text begin 100,000
 new text end

new text begin Reform 2020 Contingency. The
appropriation from the general fund may
be adjusted as provided in article 2, section
49, in order to implement Reform 2020 and
systems modernization.
 new text end

new text begin DHS Receipt Center Accounting. The
commissioner is authorized to transfer
appropriations to, and account for DHS
receipt center operations in, the special
revenue fund.
 new text end

new text begin Administrative Recovery; Set-Aside. The
commissioner may invoice local entities
through the SWIFT accounting system as an
alternative means to recover the actual cost
of administering the following provisions:
 new text end

new text begin (1) Minnesota Statutes, section 125A.744,
subdivision 3;
 new text end

new text begin (2) Minnesota Statutes, section 245.495,
paragraph (b);
 new text end

new text begin (3) Minnesota Statutes, section 256B.0625,
subdivision 20, paragraph (k);
 new text end

new text begin (4) Minnesota Statutes, section 256B.0924,
subdivision 6, paragraph (g);
 new text end

new text begin (5) Minnesota Statutes, section 256B.0945,
subdivision 4, paragraph (d); and
 new text end

new text begin (6) Minnesota Statutes, section 256F.10,
subdivision 6, paragraph (b).
 new text end

new text begin Systems Modernization. The following
amounts are appropriated for transfer to
the state systems account authorized in
Minnesota Statutes, section 256.014:
 new text end

new text begin (1) $1,883,000 in fiscal year 2014 and
$2,347,000 in fiscal year 2015 is for the
state share of Medicaid-allocated costs of
the health insurance exchange information
technology and operational structure. The
funding base is $3,219,000 in fiscal year 2016
and $3,062,000 in fiscal year 2017 but shall
not be included in the base thereafter; and
 new text end

new text begin (2) $6,085,000 in fiscal year 2014 is for the
modernization and streamlining of agency
eligibility and child support systems. The
funding base is $5,921,000 in fiscal year
2016 and $1,792,000 in fiscal year 2017 but
shall not be included in the base thereafter.
 new text end

new text begin The unexpended balance of the $6,085,000
appropriation must be transferred from
the Department of Human Services state
systems account to the Office of Enterprise
Technology when the Office of Enterprise
Technology has negotiated a federally
approved internal service fund rates and
billing process with sufficient internal
accounting controls to properly maximize
federal reimbursement to Minnesota for
human services system modernization
projects, but not later than June 30, 2015.
 new text end

new text begin If contingent funding is fully or partially
disbursed under article 2, section 49, and
transferred to the state systems account, the
unexpended balance of that appropriation
must be transferred to the Office of Enterprise
Technology in accordance with this clause.
Contingent funding must not exceed
$18,814,000 for the biennium.
 new text end

new text begin Base Adjustment. The general fund base is
increased by $6,813,000 in fiscal year 2016
and $2,672,000 in fiscal year 2017.
 new text end

new text begin (b) Children and Families
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 7,967,000
 new text end 		new text begin 7,910,000
 new text end
new text begin Federal TANF
 new text end 		new text begin 2,282,000
 new text end 		new text begin 2,282,000
 new text end

new text begin Reform 2020 Contingency. The
appropriation from the general fund may be
adjusted as provided in article 2, section 49,
in order to implement Reform 2020.
 new text end

new text begin Financial Institution Data Match and
Payment of Fees. The commissioner is
authorized to allocate up to $310,000 each
year in fiscal years 2014 and 2015 from the
PRISM special revenue account to make
payments to financial institutions in exchange
for performing data matches between account
information held by financial institutions
and the public authority's database of child
support obligors as authorized by Minnesota
Statutes, section 13B.06, subdivision 7.
 new text end

new text begin Base Adjustment. The general fund base
is decreased by $94,000 in fiscal years 2016
and 2017, and the federal TANF fund base is
increased by $300,000 in fiscal years 2016
and 2017.
 new text end

new text begin (c) Health Care
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 13,817,000
 new text end 		new text begin 13,530,000
 new text end
new text begin Health Care Access
 new text end 		new text begin 24,602,000
 new text end 		new text begin 22,634,000
 new text end

new text begin Base Adjustment. The health care access
fund base is increased by $1,842,000 in fiscal
year 2016.
 new text end

new text begin (d) Continuing Care
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 19,414,000
 new text end 		new text begin 20,769,000
 new text end
new text begin State Government
Special Revenue
 new text end 		new text begin 125,000
 new text end 		new text begin 125,000
 new text end

new text begin Reform 2020 Contingency. The
appropriation from the general fund may be
adjusted as provided in article 2, section 49,
in order to implement Reform 2020.
 new text end

new text begin Base Adjustment. The general fund base is
increased by $9,207,000 in fiscal year 2016
and by $9,182,000 in fiscal year 2017.
 new text end

new text begin (e) Chemical and Mental Health
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 4,482,000
 new text end 		new text begin 4,282,000
 new text end
new text begin Lottery Prize Fund
 new text end 		new text begin 157,000
 new text end 		new text begin 157,000
 new text end

new text begin Subd. 5. new text end

new text begin Forecasted Programs
 new text end

new text begin The amounts that may be spent from this
appropriation for each purpose are as follows:
 new text end

new text begin (a) MFIP/DWP
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 77,783,000
 new text end 		new text begin 75,831,000
 new text end
new text begin Federal TANF
 new text end 		new text begin 77,846,000
 new text end 		new text begin 78,452,000
 new text end
new text begin (b) MFIP Child Care Assistance
 new text end 		new text begin 58,771,000
 new text end 		new text begin 63,383,000
 new text end
new text begin (c) General Assistance
 new text end 		new text begin 54,259,000
 new text end 		new text begin 55,566,000
 new text end

new text begin General Assistance Standard. The
commissioner shall set the monthly standard
of assistance for general assistance units
consisting of an adult recipient who is
childless and unmarried or living apart
from parents or a legal guardian at $203.
The commissioner may reduce this amount
according to Laws 1997, chapter 85, article
3, section 54.
 new text end

new text begin Emergency General Assistance. The
amount appropriated for emergency general
assistance funds is limited to no more
than $6,729,812 in fiscal year 2014 and
$6,729,812 in fiscal year 2015. Funds
to counties shall be allocated by the
commissioner using the allocation method in
Minnesota Statutes, section 256D.06.
 new text end

new text begin (d) MN Supplemental Assistance
 new text end 		new text begin 38,642,000
 new text end 		new text begin 39,814,000
 new text end
new text begin (e) Group Residential Housing
 new text end 		new text begin 138,614,000
 new text end 		new text begin 148,515,000
 new text end

new text begin Reform 2020 Contingency. The
appropriation from the general fund may be
adjusted as provided in article 2, section 49,
in order to implement Reform 2020.
 new text end

new text begin (f) MinnesotaCare
 new text end
new text begin Health Care Access
 new text end 		new text begin 233,186,000
 new text end 		new text begin 38,928,000
 new text end

new text begin Health Care Access Fund Reserve for
Demonstration Waiver. new text end new text begin In fiscal year 2015,
a reserve of $300,223,000 is created in the
health care access fund for purposes of article
1, section 2.
 new text end

new text begin (g) Medical Assistance
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 4,362,916,000
 new text end 		new text begin 4,676,238,000
 new text end
new text begin Health Care Access
 new text end 		new text begin 318,811,000
 new text end 		new text begin 143,813,000
 new text end

new text begin Reform 2020 Contingency. The
appropriation from the general fund may be
adjusted as provided in article 2, section 49,
in order to implement Reform 2020.
 new text end

new text begin (h) Alternative Care
 new text end 		new text begin 46,452,000
 new text end 		new text begin 44,650,000
 new text end

new text begin new text begin Reform 2020 Contingency. new text end The
appropriation from the general fund may be
adjusted as provided in article 2, section 49,
in order to implement Reform 2020.
 new text end

new text begin Alternative Care Transfer. Any money
allocated to the alternative care program that
is not spent for the purposes indicated does
not cancel but shall be transferred to the
medical assistance account.
 new text end

new text begin (i) CD Treatment Fund
 new text end 		new text begin 79,807,000
 new text end 		new text begin 81,169,000
 new text end

new text begin Balance Transfer. The commissioner must
transfer $18,188,000 from the consolidated
chemical dependency treatment fund to the
general fund by September 30, 2013.
 new text end

new text begin Subd. 6. new text end

new text begin Grant Programs
 new text end

new text begin The amounts that may be spent from this
appropriation for each purpose are as follows:
 new text end

new text begin (a) Support Services Grants
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 9,833,000
 new text end 		new text begin 11,633,000
 new text end
new text begin Federal TANF
 new text end 		new text begin 98,111,000
 new text end 		new text begin 96,311,000
 new text end

new text begin Paid Work Experience. $668,000 each year
is from the general fund, and $1,500,000
each year is from the federal TANF fund,
for paid work experience for long-term
MFIP recipients. Paid work includes full
and partial wage subsidies and other related
services such as job development, marketing,
preworksite training, job coaching, and
postplacement services. These are onetime
appropriations. Unexpended funds for fiscal
year 2014 do not cancel but are available to
the commissioner for this purpose in fiscal
year 2015.
 new text end

new text begin Work Study Funding for MFIP
Participants. $250,000 each year is from
the general fund to pilot work study jobs for
MFIP recipients in approved postsecondary
education programs. This is a onetime
appropriation. Unexpended funds for fiscal
year 2014 do not cancel but are available for
this purpose in fiscal year 2015.
 new text end

new text begin Local Strategies to Reduce Disparities.
$2,000,000 in fiscal year 2014 is from the
federal TANF fund, and $2,000,000 in
fiscal year 2015 is from the general fund,
for local projects that focus on services
for subgroups within the MFIP caseload
who are experiencing poor employment
outcomes. These are onetime appropriations.
Unexpended funds for fiscal year 2014 do not
cancel but are available to the commissioner
for this purpose in fiscal year 2015.
 new text end

new text begin Home Visiting Collaborations for MFIP
Teen Parents. $200,000 in fiscal year 2014
is from the general fund, and $200,000 in
fiscal year 2015 is from the federal TANF
fund, for technical assistance and training
to support local collaborations that provide
home visiting services for MFIP teen parents.
The general fund appropriation is onetime.
The federal TANF fund appropriation is
added to the base.
 new text end

new text begin Performance Bonus Funds for Counties.
The TANF fund base is increased by
$1,500,000 each year in fiscal years 2016
and 2017. The commissioner must allocate
this amount each year to counties that exceed
their expected range of performance on the
annualized three-year self-support index
as defined in Minnesota Statutes, section
256J.751, subdivision 2, clause (6). This is a
permanent base adjustment. Notwithstanding
any contrary provisions in this article, this
provision expires June 30, 2016.
 new text end

new text begin Base Adjustment. The general fund base is
decreased by $2,918,000 in fiscal years 2016
and 2017.
 new text end

new text begin (b) Basic Sliding Fee Child Care Assistance
Grants
 new text end 		new text begin 39,900,000
 new text end 		new text begin 42,894,000
 new text end

new text begin Base Adjustment. The general fund base is
increased by $1,442,000 in fiscal year 2016
and by $1,552,000 in fiscal year 2017.
 new text end

new text begin (c) Child Care Development Grants
 new text end 		new text begin 1,737,000
 new text end 		new text begin 1,987,000
 new text end
new text begin (d) Child Support Enforcement Grants
 new text end 		new text begin 50,000
 new text end 		new text begin 50,000
 new text end

new text begin Federal Child Support Demonstration
Grants. Federal administrative
reimbursement resulting from the federal
child support grant expenditures authorized
under United States Code, title 42, section
1315, is appropriated to the commissioner
for this activity.
 new text end

new text begin (e) Children's Services Grants
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 49,688,000
 new text end 		new text begin 52,337,000
 new text end
new text begin Federal TANF
 new text end 		new text begin 140,000
 new text end 		new text begin 140,000
 new text end

new text begin Adoption Assistance and Relative Custody
Assistance. The commissioner may transfer
unencumbered appropriation balances for
adoption assistance and relative custody
assistance between fiscal years and between
programs.
 new text end

new text begin Privatized Adoption Grants. Federal
reimbursement for privatized adoption grant
and foster care recruitment grant expenditures
is appropriated to the commissioner for
adoption grants and foster care and adoption
administrative purposes.
 new text end

new text begin Adoption Assistance Incentive Grants.
Federal funds available during fiscal years
2014 and 2015 for adoption incentive grants
are appropriated to the commissioner for
these purposes.
 new text end

new text begin Base Adjustment. The general fund base is
increased by $5,139,000 in fiscal year 2016
and by $9,155,000 in fiscal year 2017.
 new text end

new text begin (f) Child and Community Service Grants
 new text end 		new text begin 53,301,000
 new text end 		new text begin 53,301,000
 new text end

new text begin Reform 2020 Contingency. The
appropriation from the general fund may be
adjusted as provided in article 2, section 49,
in order to implement Reform 2020.
 new text end

new text begin Base Adjustment. The general fund base is
increased by $3,000,000 in fiscal years 2016
and 2017.
 new text end

new text begin (g) Child and Economic Support Grants
 new text end 		new text begin 16,222,000
 new text end 		new text begin 16,223,000
 new text end

new text begin new text begin Minnesota Food Assistance Program.
new text end Unexpended funds for the Minnesota food
assistance program for fiscal year 2014 do
not cancel but are available for this purpose
in fiscal year 2015.
 new text end

new text begin (h) Health Care Grants
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 90,000
 new text end 		new text begin 90,000
 new text end
new text begin Health Care Access
 new text end 		new text begin 190,000
 new text end 		new text begin 190,000
 new text end
new text begin (i) Aging and Adult Services Grants
 new text end 		new text begin 22,143,000
 new text end 		new text begin 23,009,000
 new text end

new text begin new text begin Reform 2020 Contingency. new text end The
appropriation from the general fund may be
adjusted as provided in article 2, section 49,
in order to implement Reform 2020.
 new text end

new text begin Gaps Analysis. In fiscal year 2014, and
in each even-numbered year thereafter,
$435,000 is appropriated to conduct an
analysis of gaps in long-term care services
under Minnesota Statutes, section 144A.351.
This is a biennial appropriation. The base is
increased by $435,000 in fiscal year 2016.
Notwithstanding any contrary provisions in
this article, this provision does not expire.
 new text end

new text begin Base Adjustment. The general fund base is
increased by $3,501,000 in fiscal year 2016
and by $3,128,000 in fiscal year 2017.
 new text end

new text begin (j) Deaf and Hard-of-Hearing Grants
 new text end 		new text begin 1,767,000
 new text end 		new text begin 1,767,000
 new text end
new text begin (k) Disabilities Grants
 new text end 		new text begin 17,895,000
 new text end 		new text begin 18,271,000
 new text end

new text begin new text begin Reform 2020 Contingency. new text end The
appropriation from the general fund may be
adjusted as provided in article 2, section 49,
in order to implement Reform 2020.
 new text end

new text begin Base Adjustment. The general fund base is
increased by $1,016,000 in fiscal year 2016
and by $1,190,000 in fiscal year 2017.
 new text end

new text begin (l) Adult Mental Health Grants
 new text end
new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 70,617,000
 new text end 		new text begin 68,310,000
 new text end
new text begin Health Care Access
 new text end 		new text begin 750,000
 new text end 		new text begin 750,000
 new text end
new text begin Lottery Prize
 new text end 		new text begin 1,508,000
 new text end 		new text begin 1,508,000
 new text end

new text begin Funding Usage. Up to 75 percent of a fiscal
year's appropriations for adult mental health
grants may be used to fund allocations in that
portion of the fiscal year ending December
31.
 new text end

new text begin Base Adjustment. The general fund base is
decreased by $5,802,000 in fiscal years 2016
and 2017.
 new text end

new text begin (m) Child Mental Health Grants
 new text end 		new text begin 17,599,000
 new text end 		new text begin 19,988,000
 new text end

new text begin Funding Usage. Up to 75 percent of a fiscal
year's appropriation for child mental health
grants may be used to fund allocations in that
portion of the fiscal year ending December
31.
 new text end

new text begin (n) CD Treatment Support Grants
 new text end 		new text begin 1,636,000
 new text end 		new text begin 1,636,000
 new text end

new text begin SBIRT Training. $300,000 each year is
for grants to train primary care clinicians to
provide substance abuse brief intervention
and referral to treatment (SBIRT). This is a
onetime appropriation.
 new text end

new text begin Base Adjustment. The general fund base is
decreased by $300,000 in fiscal years 2016
and 2017.
 new text end

new text begin Subd. 7. new text end

new text begin State-Operated Services
 new text end

new text begin 185,420,000
 new text end 		new text begin 185,420,000
 new text end

new text begin Transfer Authority Related to
State-Operated Services. Money
appropriated for state-operated services
may be transferred between fiscal years
of the biennium with the approval of the
commissioner of management and budget.
 new text end

new text begin The amounts that may be spent from the
appropriation for each purpose are as follows:
 new text end

new text begin (a) SOS Mental Health
 new text end 		new text begin 115,838,000
 new text end 		new text begin 115,838,000
 new text end

new text begin Dedicated Receipts Available. Of the
revenue received under Minnesota Statutes,
section 246.18, subdivision 8, paragraph
(a), $2,000,000 each year is available for
the purposes of paragraph (b), clause (1), of
that subdivision, and $1,000,000 each year
is available to transfer to the adult mental
health budget activity for the purposes of
paragraph (b), clause (2), of that subdivision.
 new text end

new text begin (b) SOS MN Security Hospital
 new text end 		new text begin 69,582,000
 new text end 		new text begin 69,582,000
 new text end

new text begin Subd. 8. new text end

new text begin Sex Offender Program
 new text end

new text begin 76,769,000
 new text end 		new text begin 79,745,000
 new text end

new text begin Transfer Authority Related to Minnesota
Sex Offender Program. Money
appropriated for the Minnesota sex offender
program may be transferred between fiscal
years of the biennium with the approval of the
commissioner of management and budget.
 new text end

new text begin Subd. 9. new text end

new text begin Technical Activities
 new text end

new text begin 79,340,000
 new text end 		new text begin 79,429,000
 new text end

new text begin This appropriation is from the federal TANF
fund.
 new text end

new text begin Base Adjustment. The federal TANF fund
base is decreased by $22,000 in fiscal year
2016 and by $49,000 in fiscal year 2017.
 new text end

Sec. 4. new text begin COMMISSIONER OF HEALTH
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
 new text end

new text begin $
 new text end 		new text begin 170,327,000
 new text end 		new text begin $
 new text end 		new text begin 165,095,000
 new text end
new text begin Appropriations by Fund
 new text end
new text begin 2014
 new text end 		new text begin 2015
 new text end
new text begin General
 new text end 		new text begin 77,857,000
 new text end 		new text begin 72,664,000
 new text end
new text begin State Government
Special Revenue
 new text end 		new text begin 49,515,000
 new text end 		new text begin 50,076,000
 new text end
new text begin Health Care Access
 new text end 		new text begin 31,242,000
 new text end 		new text begin 30,642,000
 new text end
new text begin Federal TANF
 new text end 		new text begin 11,713,000
 new text end 		new text begin 11,713,000
 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
 new text end

new text begin Subd 2. new text end

new text begin Health Improvement
 new text end

new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 51,245,000
 new text end 		new text begin 46,052,000
 new text end
new text begin State Government
Special Revenue
 new text end 		new text begin 1,033,000
 new text end 		new text begin 1,033,000
 new text end
new text begin Health Care Access
 new text end 		new text begin 21,719,000
 new text end 		new text begin 21,719,000
 new text end
new text begin Federal TANF
 new text end 		new text begin 11,713,000
 new text end 		new text begin 11,713,000
 new text end

new text begin Statewide Health Improvement Program.
 new text end new text begin $20,000,000 in fiscal year 2014 and
$20,000,000 in fiscal year 2015 are
appropriated from the health care access
fund for the statewide health improvement
program under Minnesota Statutes, section
145.986.
 new text end

new text begin Statewide Cancer Surveillance System.
 new text end new text begin Of the general fund appropriation, $350,000
in fiscal year 2014 and $350,000 in fiscal
year 2015 are appropriated to develop and
implement a new cancer reporting system
under Minnesota Statutes, sections 144.671
to 144.69. Any information technology
development or support costs necessary
for the cancer surveillance system must
be incorporated into the agency's service
level agreement and paid to the Office of
Enterprise Technology.
 new text end

new text begin TANF Appropriations. new text end new text begin (1) $1,156,000 of
the TANF funds is appropriated each year of
the biennium to the commissioner for family
planning grants under Minnesota Statutes,
section 145.925.
 new text end

new text begin (2) $3,579,000 of the TANF funds is
appropriated each year of the biennium to
the commissioner for home visiting and
nutritional services listed under Minnesota
Statutes, section 145.882, subdivision 7,
clauses (6) and (7). Funds must be distributed
to community health boards according to
Minnesota Statutes, section 145A.131,
subdivision 1.
 new text end

new text begin (3) $2,000,000 of the TANF funds is
appropriated each year of the biennium to
the commissioner for decreasing racial and
ethnic disparities in infant mortality rates
under Minnesota Statutes, section 145.928,
subdivision 7.
 new text end

new text begin (4) $4,978,000 of the TANF funds is
appropriated each year of the biennium to the
commissioner for the family home visiting
grant program according to Minnesota
Statutes, section 145A.17. $4,000,000 of the
funding must be distributed to community
health boards according to Minnesota
Statutes, section 145A.131, subdivision 1.
$978,000 of the funding must be distributed
to tribal governments based on Minnesota
Statutes, section 145A.14, subdivision 2a.
 new text end

new text begin (5) The commissioner may use up to 6.23
percent of the funds appropriated each fiscal
year to conduct the ongoing evaluations
required under Minnesota Statutes, section
145A.17, subdivision 7, and training and
technical assistance as required under
Minnesota Statutes, section 145A.17,
subdivisions 4 and 5.
 new text end

new text begin TANF Carryforward. new text end new text begin Any unexpended
balance of the TANF appropriation in the
first year of the biennium does not cancel but
is available for the second year.
 new text end

new text begin Subd. 3. new text end

new text begin Policy Quality and Compliance
 new text end

new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 9,391,000
 new text end 		new text begin 9,391,000
 new text end
new text begin State Government
Special Revenue
 new text end 		new text begin 15,849,000
 new text end 		new text begin 16,407,000
 new text end
new text begin Health Care Access
 new text end 		new text begin 9,523,000
 new text end 		new text begin 8,923,000
 new text end

new text begin Base Level Adjustment. new text end new text begin The state
government special revenue fund base shall
be reduced by $20,000 in fiscal years 2016
and 2017. The health care access base shall
be increased by $600,000 in fiscal year 2015.
 new text end

new text begin Subd. 4. new text end

new text begin Health Protection
 new text end

new text begin Appropriations by Fund
 new text end
new text begin General
 new text end 		new text begin 9,449,000
 new text end 		new text begin 9,449,000
 new text end
new text begin State Government
Special Revenue
 new text end 		new text begin 32,633,000
 new text end 		new text begin 32,636,000
 new text end

new text begin Infectious Disease Laboratory. new text end new text begin Of the
general fund appropriation, $200,000 in
fiscal year 2014 and $200,000 in fiscal year
2015 are appropriated to the commissioner
to monitor infectious disease trends and
investigate infectious disease outbreaks.
 new text end

new text begin Surveillance for Elevated Blood Lead
Levels. Of the general fund appropriation,
$100,000 in fiscal year 2014 and $100,000
in fiscal year 2015 are appropriated to the
commissioner for the blood lead surveillance
system under Minnesota Statutes, section
144.9502.
 new text end

new text begin Base Level Adjustment. The state
government special revenue base is increased
by $6,000 in fiscal year 2016 and by $27,000
in fiscal year 2017.
 new text end

new text begin Subd. 5. new text end

new text begin Administrative Support Services
 new text end

new text begin 7,772,000
 new text end 		new text begin 7,772,000
 new text end

new text begin Regional Support for Local Public Health
Departments. new text end new text begin $350,000 in fiscal year
2014 and $350,000 in fiscal year 2015
are appropriated to the commissioner for
regional staff who provide specialized
expertise to local public health departments.
 new text end

Sec. 5.

new text begin HEALTH-RELATED BOARDS
 new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
 new text end

new text begin $
 new text end 		new text begin 16,728,000
 new text end 		new text begin $
 new text end 		new text begin 16,678,000
 new text end

new text begin This appropriation is from the state
government special revenue fund. The
amounts that may be spent for each purpose
are specified in the following subdivisions.
 new text end

new text begin Subd. 2. new text end

new text begin Board of Chiropractic Examiners
 new text end 		new text begin 470,000
 new text end 		new text begin 470,000
 new text end

new text begin Subd. 3. new text end

new text begin Board of Dentistry
 new text end

new text begin 1,820,000
 new text end 		new text begin 1,820,000
 new text end

new text begin Health Professional Services Program. Of
this appropriation, $704,000 in fiscal year
2014 and $704,000 in fiscal year 2015 from
the state government special revenue fund are
for the health professional services program.
 new text end

new text begin Subd. 4. new text end

new text begin Board of Dietetic and Nutrition
Practice
 new text end

new text begin 111,000
 new text end 		new text begin 111,000
 new text end

new text begin Subd. 5. new text end

new text begin Board of Marriage and Family
Therapy
 new text end

new text begin 168,000
 new text end 		new text begin 168,000
 new text end

new text begin Subd. 6. new text end

new text begin Board of Medical Practice
 new text end

new text begin 3,867,000
 new text end 		new text begin 3,867,000
 new text end

new text begin Subd. 7. new text end

new text begin Board of Nursing
 new text end

new text begin 3,637,000
 new text end 		new text begin 3,637,000
 new text end

new text begin Subd. 8. new text end

new text begin Board of Nursing Home
Administrators
 new text end

new text begin 1,235,000
 new text end 		new text begin 1,185,000
 new text end

new text begin Administrative Services Unit - Operating
Costs. Of this appropriation, $676,000
in fiscal year 2014 and $626,000 in
fiscal year 2015 are for operating costs
of the administrative services unit. The
administrative services unit may receive
and expend reimbursements for services
performed by other agencies.
 new text end

new text begin Administrative Services Unit - Volunteer
Health Care Provider Program. Of this
appropriation, $150,000 in fiscal year 2014
and $150,000 in fiscal year 2015 are to pay
for medical professional liability coverage
required under Minnesota Statutes, section
214.40.
 new text end

new text begin Administrative Services Unit - Contested
Cases and Other Legal Proceedings. Of
this appropriation, $200,000 in fiscal year
2014 and $200,000 in fiscal year 2015 are
for costs of contested case hearings and other
unanticipated costs of legal proceedings
involving health-related boards funded
under this section. Upon certification of a
health-related board to the administrative
services unit that the costs will be incurred
and that there is insufficient money available
to pay for the costs out of money currently
available to that board, the administrative
services unit is authorized to transfer money
from this appropriation to the board for
payment of those costs with the approval
of the commissioner of management and
budget. This appropriation does not cancel.
Any unencumbered and unspent balances
remain available for these expenditures in
subsequent fiscal years.
 new text end

new text begin Subd. 9. new text end

new text begin Board of Optometry
 new text end

new text begin 107,000
 new text end 		new text begin 107,000
 new text end

new text begin Subd. 10. new text end

new text begin Board of Pharmacy
 new text end

new text begin 2,345,000
 new text end 		new text begin 2,345,000
 new text end

new text begin Prescription Electronic Reporting. Of
this appropriation, $356,000 in fiscal year
2014 and $356,000 in fiscal year 2015 from
the state government special revenue fund
are to the board to operate the prescription
electronic reporting system in Minnesota
Statutes, section 152.126.
 new text end

new text begin Subd. 11. new text end

new text begin Board of Physical Therapy
 new text end

new text begin 346,000
 new text end 		new text begin 346,000
 new text end

new text begin Subd. 12. new text end

new text begin Board of Podiatry
 new text end

new text begin 76,000
 new text end 		new text begin 76,000
 new text end

new text begin Subd. 13. new text end

new text begin Board of Psychology
 new text end

new text begin 847,000
 new text end 		new text begin 847,000
 new text end

new text begin Subd. 14. new text end

new text begin Board of Social Work
 new text end

new text begin 1,054,000
 new text end 		new text begin 1,054,000
 new text end

new text begin Subd. 15. new text end

new text begin Board of Veterinary Medicine
 new text end

new text begin 230,000
 new text end 		new text begin 230,000
 new text end

new text begin Subd. 16. new text end

new text begin Board of Behavioral Health and
Therapy
 new text end

new text begin 415,000
 new text end 		new text begin 415,000
 new text end

Sec. 6. new text begin EMERGENCY MEDICAL SERVICES
REGULATORY BOARD
new text end

new text begin $
 new text end 		new text begin 2,741,000
 new text end 		new text begin $
 new text end 		new text begin 2,741,000
 new text end

new text begin Regional Grants. $585,000 in fiscal year
2014 and $585,000 in fiscal year 2015 are
for regional emergency medical services
programs, to be distributed equally to the
eight emergency medical service regions.
 new text end

new text begin Cooper/Sams Volunteer Ambulance
Program. new text end new text begin $700,000 in fiscal year 2014 and
$700,000 in fiscal year 2015 are for the
Cooper/Sams volunteer ambulance program
under Minnesota Statutes, section 144E.40.
 new text end

new text begin (a) Of this amount, $611,000 in fiscal year
2014 and $611,000 in fiscal year 2015
are for the ambulance service personnel
longevity award and incentive program under
Minnesota Statutes, section 144E.40.
 new text end

new text begin (b) Of this amount, $89,000 in fiscal year
2014 and $89,000 in fiscal year 2015 are
for the operations of the ambulance service
personnel longevity award and incentive
program under Minnesota Statutes, section
144E.40.
 new text end

new text begin Ambulance Training Grant. $361,000 in
fiscal year 2014 and $361,000 in fiscal year
2015 are for training grants.
 new text end

new text begin EMSRB Board Operations. $1,095,000 in
fiscal year 2014 and $1,095,000 in fiscal year
2015 are for operations.
 new text end

Sec. 7. new text begin NURSING HOME
ADMINISTRATORS BOARD
new text end

new text begin $
 new text end 		new text begin 10,000
 new text end 		new text begin $
 new text end 		new text begin 10,000
 new text end

Sec. 8. new text begin COUNCIL ON DISABILITY
new text end

new text begin $
 new text end 		new text begin 614,000
 new text end 		new text begin $
 new text end 		new text begin 614,000
 new text end

Sec. 9. new text begin OMBUDSMAN FOR MENTAL
HEALTH AND DEVELOPMENTAL
DISABILITIES
new text end

new text begin $
 new text end 		new text begin 1,654,000
 new text end 		new text begin $
 new text end 		new text begin 1,654,000
 new text end

Sec. 10. new text begin OMBUDSPERSON FOR FAMILIES
new text end

new text begin $
 new text end 		new text begin 333,000
 new text end 		new text begin $
 new text end 		new text begin 334,000
 new text end

Sec. 11.

Minnesota Statutes 2012, section 256.01, subdivision 34, is amended to read:


Subd. 34.

Federal administrative reimbursement dedicated.

Federal
administrative reimbursement resulting from the following activities is appropriated to the
commissioner for the designated purposes:

(1) reimbursement for the Minnesota senior health options project; deleted text begin and
deleted text end

(2) reimbursement related to prior authorization and inpatient admission certification
by a professional review organization. A portion of these funds must be used for activities
to decrease unnecessary pharmaceutical costs in medical assistancedeleted text begin .deleted text end new text begin ; and
new text end

new text begin (3) reimbursement resulting from the federal child support grant expenditures
authorized under United States Code, title 42, section 1315.
 new text end

Sec. 12.

Minnesota Statutes 2012, section 256.01, is amended by adding a subdivision
to read:


new text begin Subd. 35. new text end

new text begin Federal reimbursement for privatized adoption grants. new text end

new text begin Federal
reimbursement for privatized adoption grant and foster care recruitment grant expenditures
is appropriated to the commissioner for adoption grants and foster care and adoption
administrative purposes.
 new text end

Sec. 13.

Minnesota Statutes 2012, section 256.01, is amended by adding a subdivision
to read:


new text begin Subd. 36. new text end

new text begin DHS receipt center accounting. new text end

new text begin The commissioner may transfer
appropriations to, and account for DHS receipt center operations in, the special revenue
fund.
 new text end

Sec. 14. new text begin TRANSFERS.
new text end

new text begin Subdivision 1. new text end

new text begin Grants. new text end

new text begin The commissioner of human services, with the approval of
the commissioner of management and budget, may transfer unencumbered appropriation
balances for the biennium ending June 30, 2015, within fiscal years among the MFIP,
general assistance, general assistance medical care under Minnesota Statutes 2009
Supplement, section 256D.03, subdivision 3, medical assistance, MinnesotaCare, MFIP
child care assistance under Minnesota Statutes, section 119B.05, Minnesota supplemental
aid, group residential housing programs, the entitlement portion of the chemical
dependency consolidated treatment fund, and between fiscal years of the biennium. The
commissioner shall inform the chairs and ranking minority members of the senate Health
and Human Services Finance Division and the house of representatives Health and Human
Services Finance Committee quarterly about transfers made under this provision.
 new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin Positions, salary money, and nonsalary administrative
money may be transferred within the Departments of Human Services and Health as the
commissioners consider necessary, with the advance approval of the commissioner of
management and budget. The commissioner shall inform the chairs and ranking minority
members of the senate Health and Human Services Finance Division and the house of
representatives Health and Human Services Finance Committee quarterly about transfers
made under this provision.
 new text end

Sec. 15. new text begin INDIRECT COSTS NOT TO FUND PROGRAMS.
new text end

new text begin The commissioners of health and human services shall not use indirect cost
allocations to pay for the operational costs of any program for which they are responsible.
 new text end

Sec. 16. new text begin EXPIRATION OF UNCODIFIED LANGUAGE.
new text end

new text begin All uncodified language contained in this article expires on June 30, 2015, unless a
different expiration date is explicit.
 new text end

Sec. 17. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2013, unless a different effective date is specified.
 new text end