HF 1272

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/23/2015 03:57pm

A bill for an act
relating to human services; providing for correction orders and conditional
licenses for home and community-based services programs; providing for
settlement agreements; amending Minnesota Statutes 2014, section 245A.06,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 245A.

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

Section 1.

Minnesota Statutes 2014, section 245A.06, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Correction orders and conditional licenses for programs licensed as
home and community-based services. new text end

new text begin (a) For programs licensed under both this chapter
and chapter 245D, if the license holder operates more than one service site under a single
license governed by chapter 245D, the order issued under this section shall be specific to
the service site or sites at which the violations of applicable law or rules occurred. The
order shall not apply to other service sites governed by chapter 245D and operated by the
same license holder unless the commissioner has included in the order the articulable basis
for applying the order to another service site.
new text end

new text begin (b) If the commissioner has issued more than one license to the license holder under
this chapter, the conditions imposed under this section shall be specific to the license for
the program at which the violations of applicable law or rules occurred and shall not apply
to other licenses held by the same license holder if those programs are being operated in
substantial compliance with applicable law and rules.
new text end

Sec. 2.

new text begin [245A.081] SETTLEMENT AGREEMENT.
new text end

new text begin (a) A license holder who has made a timely appeal pursuant to section 245A.06,
subdivision 4, or 245A.07, subdivision 3, or the commissioner may initiate a discussion
about a possible settlement agreement related to the licensing sanction. For the purposes
of this section, the following conditions apply to a settlement agreement reached by the
parties:
new text end

new text begin (1) if the parties enter into a settlement agreement, the effect of the agreement shall
be that the appeal is withdrawn and the agreement shall constitute the full agreement
between the commissioner and the party who filed the appeal; and
new text end

new text begin (2) the settlement agreement must identify the agreed upon actions the license holder
has taken and will take in order to achieve and maintain compliance with the licensing
requirements that the commissioner determined the license holder had violated.
new text end

new text begin (b) Neither the license holder nor the commissioner is required to initiate a
settlement discussion under this section.
new text end

new text begin (c) If a settlement discussion is initiated by the license holder, the commissioner
shall respond to the license holder within 14 calendar days of receipt of the license
holder's submission.
new text end

new text begin (d) If the commissioner agrees to engage in settlement discussions, the commissioner
may decide at any time not to continue settlement discussions with a license holder.
new text end