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HF 1276

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:47am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

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A bill for an act
relating to local government; relieving counties of certain health and human
services mandates; making changes to residential treatment facilities; county
payment of cremation, burial, and funeral expenses; child welfare provisions;
health plan audits; nursing facilities; home health aides; inspections of day
training and habilitation facilities; changing certain health care provisions
relating to school districts, charter schools, and local governments; amending
Minnesota Statutes 2008, sections 62Q.37, subdivision 3; 144A.04, subdivision
11, by adding a subdivision; 144A.43, by adding a subdivision; 144A.45,
subdivision 1, by adding a subdivision; 147C.10, subdivision 2, as amended;
245.4882, subdivision 1; 245.4885, subdivisions 1, 1a; 256.935, subdivision 1;
256.962, subdivision 6; 256B.0945, subdivisions 1, 4; 256F.13, subdivision
1; 260B.171, subdivision 3; 260C.212, subdivisions 4a, 11; 261.035; 471.61,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
245B; repealing Minnesota Rules, part 4668.0110, subpart 5.

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

ARTICLE 1

HUMAN SERVICES

Section 1.

Minnesota Statutes 2008, section 245.4882, subdivision 1, is amended to
read:


Subdivision 1.

Availability of residential treatment services.

County boards
must provide or contract for enough residential treatment services to meet the needs of
each child with severe emotional disturbance residing in the county and needing this
level of care. Length of stay is based on the child's residential treatment need and shall
be subject to the six-month review process established in section 260C.212, deleted text beginsubdivisions
7 and 9
deleted text end
new text begin subdivision 7, and for children in voluntary placement for treatment, the court
review process in section 260D.06
new text end. Services must be appropriate to the child's age and
treatment needs and must be made available as close to the county as possible. Residential
treatment must be designed to:

(1) prevent placement in settings that are more intensive, costly, or restrictive than
necessary and appropriate to meet the child's needs;

(2) help the child improve family living and social interaction skills;

(3) help the child gain the necessary skills to return to the community;

(4) stabilize crisis admissions; and

(5) work with families throughout the placement to improve the ability of the
families to care for children with severe emotional disturbance in the home.

Sec. 2.

Minnesota Statutes 2008, section 245.4885, subdivision 1, is amended to read:


Subdivision 1.

Admission criteria.

deleted text beginThe county board shall,deleted text endnew text begin (a)new text end Prior to admission,
except in the case of emergency admission, deleted text begindetermine the needed level of care fordeleted text end all
children referred for treatment of severe emotional disturbance in a treatment foster care
setting, residential treatment facility, or informally admitted to a regional treatment center
new text begin shall undergo an assessment to determine the appropriate level of care new text endif public funds are
used to pay for the services. deleted text beginThe county board shall also determine the needed level of
care for all children admitted to an acute care hospital for treatment of severe emotional
disturbance if public funds other than reimbursement under chapters 256B and 256D
are used to pay for the services.
deleted text end

new text begin (b) The county board shall determine the appropriate level of care when
county-controlled funds are used to pay for the services. When the child is enrolled in
a prepaid health program under section 256B.69, the enrolled child's contracted health
plan must determine the appropriate level of care. When more than one entity bears
responsibility for coverage, the entities shall coordinate level of care determination
activities to the extent possible.
new text end

new text begin (c)new text end The level of care determination shall determine whether the proposed treatment:

(1) is necessary;

(2) is appropriate to the child's individual treatment needs;

(3) cannot be effectively provided in the child's home; and

(4) provides a length of stay as short as possible consistent with the individual
child's need.

new text begin (d) new text endWhen a level of care determination is conducted, the deleted text begincounty boarddeleted text endnew text begin responsible
entity
new text end may not determine that referral or admission to a treatment foster care setting,
new text begin or new text endresidential treatment facilitydeleted text begin, or acute care hospitaldeleted text end is not appropriate solely because
services were not first provided to the child in a less restrictive setting and the child failed
to make progress toward or meet treatment goals in the less restrictive setting. The level
of care determination must be based on a diagnostic assessment that includes a functional
assessment which evaluates family, school, and community living situations; and an
assessment of the child's need for care out of the home using a validated tool which
assesses a child's functional status and assigns an appropriate level of care. The validated
tool must be approved by the commissioner of human services. If a diagnostic assessment
including a functional assessment has been completed by a mental health professional
within the past 180 days, a new diagnostic assessment need not be completed unless in the
opinion of the current treating mental health professional the child's mental health status
has changed markedly since the assessment was completed. The child's parent shall be
notified if an assessment will not be completed and of the reasons. A copy of the notice
shall be placed in the child's file. Recommendations developed as part of the level of care
determination process shall include specific community services needed by the child and,
if appropriate, the child's family, and shall indicate whether or not these services are
available and accessible to the child and family.

new text begin (e) new text endDuring the level of care determination process, the child, child's family, or child's
legal representative, as appropriate, must be informed of the child's eligibility for case
management services and family community support services and that an individual
family community support plan is being developed by the case manager, if assigned.

new text begin (f) new text endThe level of care determination shall comply with section 260C.212. deleted text beginWherever
possible,
deleted text end The parent shall be consulted in the process, unless clinically deleted text begininappropriatedeleted text endnew text begin
detrimental to the child
new text end.

new text begin (g) new text endThe level of care determination, and placement decision, and recommendations
for mental health services must be documented in the child's record.

deleted text begin An alternate review process may be approved by the commissioner if the county
board demonstrates that an alternate review process has been established by the county
board and the times of review, persons responsible for the review, and review criteria are
comparable to the standards in clauses (1) to (4).
deleted text end

Sec. 3.

Minnesota Statutes 2008, section 245.4885, subdivision 1a, is amended to read:


Subd. 1a.

Emergency admission.

Effective July 1, 2006, if a child is admitted to
a treatment foster care setting, residential treatment facility, or acute care hospital for
emergency treatment or held for emergency care by a regional treatment center under
section 253B.05, subdivision 1, the level of care determination must occur within deleted text beginthreedeleted text endnew text begin
five
new text end working days of admission.

Sec. 4.

Minnesota Statutes 2008, section 256.935, subdivision 1, is amended to read:


Subdivision 1.

new text beginCremation, burial, and new text endfuneral expenses.

On the death of any
person receiving public assistance through MFIP, the county agency shall deleted text beginpaydeleted text endnew text begin attempt to
contact the decedent's spouse or next of kin. If the agency is not able to contact a spouse or
next of kin and the personal preferences of the decedent or the practices of the decedent's
faith tradition are not known, the agency shall pay for cremation of the person's remains
and their burial or interment if the spouse or next of kin does not want to take possession
of the ashes. If the county agency contacts the decedent's spouse or next of kin and it is
determined that cremation is not in accordance with the decedent's personal preferences or
the practices of the decedent's faith tradition or the personal preferences of the decedent's
spouse or the decedent's next of kin, the county agency shall pay
new text end an amount for funeral
expenses new text beginincluding the transportation of the body into or out of the community in which
the deceased resided
new text endnot exceeding the amount paid for comparable services under section
261.035 plus actual cemetery charges. No new text begincremation, burial, or new text endfuneral expenses shall
be paid if the estate of the deceased is sufficient to pay such expenses or if the spouse,
who was legally responsible for the support of the deceased while living, is able to pay
such expensesdeleted text begin; provided, that the additional payment or donation of the cost of cemetery
lot, interment, religious service, or for the transportation of the body into or out of the
community in which the deceased resided, shall not limit payment by the county agency
as herein authorized
deleted text end. Freedom of choice in the selection of a funeral director shall be
granted to persons lawfully authorized to make arrangements for thenew text begin cremation ornew text end burial
of any such deceased recipient. In determining the sufficiency of such estate, due regard
shall be had for the nature and marketability of the assets of the estate. The county agency
may grant new text begincremation, burial, or new text endfuneral expenses where the sale would cause undue loss to
the estate. Any amount paid for new text begincremation, burial, or new text endfuneral expenses shall be a prior
claim against the estate, as provided in section 524.3-805, and any amount recovered
shall be reimbursed to the agency which paid the expenses. The commissioner shall
specify requirements for reports, including fiscal reports, according to section 256.01,
subdivision 2
, paragraph deleted text begin(17)deleted text endnew text begin (q)new text end. The state share shall pay the entire amount of county
agency expenditures. Benefits shall be issued to recipients by the state or county subject
to provisions of section 256.017.

Sec. 5.

Minnesota Statutes 2008, section 256B.0945, subdivision 1, is amended to read:


Subdivision 1.

Residential services; provider qualifications.

Counties must
arrange to provide residential services for children with severe emotional disturbance
according to sections 245.4882, 245.4885, and this section. Services must be provided
by a facility that is licensed according to section 245.4882 and administrative rules
promulgated thereunder, and under contract with the county.new text begin Eligible service costs may be
claimed for a facility that is located in a state that borders Minnesota if:
new text end

new text begin (1) the facility is the closest facility to the child's home, providing the appropriate
level of care; and
new text end

new text begin (2) the commissioner of human services has completed an inspection of the
out-of-state program according to the interagency agreement with the commissioner of
corrections under section 260B.198, subdivision 11, paragraph (b), and the program has
been certified by the commissioner of corrections under section 260B.198, subdivision
11, paragraph (a), to substantially meet the standards applicable to children's residential
mental health treatment programs under Minnesota Rules, chapter 2960. Nothing in
this section requires the commissioner of human services to enforce the background
study requirements under chapter 245C or the requirements related to prevention and
investigation of alleged maltreatment under section 626.556 or 626.557. Complaints
received by the commissioner of human services must be referred to the out-of-state
licensing authority for possible follow-up.
new text end

Sec. 6.

Minnesota Statutes 2008, section 256B.0945, subdivision 4, is amended to read:


Subd. 4.

Payment rates.

(a) Notwithstanding sections 256B.19 and 256B.041,
payments to counties for residential services provided by a residential facility shall only
be made of federal earnings for services provided under this section, and the nonfederal
share of costs for services provided under this section shall be paid by the county from
sources other than federal funds or funds used to match other federal funds. Payment to
counties for services provided according to this section shall be a proportion of the per
day contract rate that relates to rehabilitative mental health services and shall not include
payment for costs or services that are billed to the IV-E program as room and board.

(b) Per diem rates paid to providers under this section by prepaid plans shall be
the proportion of the per-day contract rate that relates to rehabilitative mental health
services and shall not include payment for group foster care costs or services that are
billed to the county of financial responsibility.new text begin Services provided in facilities located in
bordering states are eligible for reimbursement on a fee-for-service basis only as described
in paragraph (a) and are not covered under prepaid health plans.
new text end

(c) The commissioner shall set aside a portion not to exceed five percent of the
federal funds earned for county expenditures under this section to cover the state costs of
administering this section. Any unexpended funds from the set-aside shall be distributed
to the counties in proportion to their earnings under this section.

Sec. 7.

Minnesota Statutes 2008, section 256F.13, subdivision 1, is amended to read:


Subdivision 1.

Federal revenue enhancement.

(a) The commissioner of human
services may enter into an agreement with one or more family services collaboratives
to enhance federal reimbursement under title IV-E of the Social Security Act and
federal administrative reimbursement under title XIX of the Social Security Act. The
commissioner may contract with the Department of Education for purposes of transferring
the federal reimbursement to the commissioner of education to be distributed to the
collaboratives according to clause (2). The commissioner shall have the following
authority and responsibilities regarding family services collaboratives:

(1) the commissioner shall submit amendments to state plans and seek waivers as
necessary to implement the provisions of this section;

(2) the commissioner shall pay the federal reimbursement earned under this
subdivision to each collaborative based on their earnings. Payments to collaboratives for
expenditures under this subdivision will only be made of federal earnings from services
provided by the collaborative;

(3) the commissioner shall review expenditures of family services collaboratives
using reports specified in the agreement with the collaborative to ensure that the base level
of expenditures is continued and new federal reimbursement is used to expand education,
social, health, or health-related services to young children and their families;

(4) the commissioner may reduce, suspend, or eliminate a family services
collaborative's obligations to continue the base level of expenditures or expansion of
services if the commissioner determines that one or more of the following conditions
apply:

(i) imposition of levy limits that significantly reduce available funds for social,
health, or health-related services to families and children;

(ii) reduction in the net tax capacity of the taxable property eligible to be taxed by
the lead county or subcontractor that significantly reduces available funds for education,
social, health, or health-related services to families and children;

(iii) reduction in the number of children under age 19 in the county, collaborative
service delivery area, subcontractor's district, or catchment area when compared to the
number in the base year using the most recent data provided by the State Demographer's
Office; or

(iv) termination of the federal revenue earned under the family services collaborative
agreement;

(5) the commissioner shall not use the federal reimbursement earned under this
subdivision in determining the allocation or distribution of other funds to counties or
collaboratives;

(6) the commissioner may suspend, reduce, or terminate the federal reimbursement
to a provider that does not meet the reporting or other requirements of this subdivision;

(7) the commissioner shall recover from the family services collaborative any federal
fiscal disallowances or sanctions for audit exceptions directly attributable to the family
services collaborative's actions in the integrated fund, or the proportional share if federal
fiscal disallowances or sanctions are based on a statewide random sample; and

(8) the commissioner shall establish criteria for the family services collaborative
for the accounting and financial management system that will support claims for federal
reimbursement.

(b) The family services collaborative shall have the following authority and
responsibilities regarding federal revenue enhancement:

(1) the family services collaborative shall be the party with which the commissioner
contracts. A lead county shall be designated as the fiscal agency for reporting, claiming,
and receiving payments;

(2) the family services collaboratives may enter into subcontracts with other
counties, school districts, special education cooperatives, municipalities, and other public
and nonprofit entities for purposes of identifying and claiming eligible expenditures to
enhance federal reimbursement, or to expand education, social, health, or health-related
services to families and children;

(3) deleted text beginthe family services collaborative must continue the base level of expenditures for
education, social, health, or health-related services to families and children from any state,
county, federal, or other public or private funding source which, in the absence of the new
federal reimbursement earned under this subdivision, would have been available for those
services, except as provided in paragraph (a), clause (4). The base year for purposes of this
subdivision shall be the four-quarter calendar year ending at least two calendar quarters
before the first calendar quarter in which the new federal reimbursement is earned;
deleted text end

deleted text begin (4)deleted text end the family services collaborative must use all new federal reimbursement
resulting from federal revenue enhancement to expand expenditures for education, social,
health, or health-related services to families and children beyond the base level, except
as provided in paragraph (a), clause (4);

deleted text begin (5)deleted text endnew text begin (4)new text end the family services collaborative must ensure that expenditures submitted
for federal reimbursement are not made from federal funds or funds used to match other
federal funds. Notwithstanding section 256B.19, subdivision 1, for the purposes of family
services collaborative expenditures under agreement with the department, the nonfederal
share of costs shall be provided by the family services collaborative from sources other
than federal funds or funds used to match other federal funds;

deleted text begin (6)deleted text endnew text begin (5)new text end the family services collaborative must develop and maintain an accounting
and financial management system adequate to support all claims for federal reimbursement,
including a clear audit trail and any provisions specified in the agreement; and

deleted text begin (7)deleted text end new text begin(6) new text endthe family services collaborative shall submit an annual report to the
commissioner as specified in the agreement.

Sec. 8.

Minnesota Statutes 2008, section 260C.212, subdivision 4a, is amended to read:


Subd. 4a.

Monthly caseworker visits.

(a) Every child in foster care or on a
trial home visit shall be visited by the child's caseworker new text begin or another person who has
responsibility for visitation of the child
new text endon a monthly basis, with the majority of visits
occurring in the child's residence. For the purposes of this section, the following
definitions apply:

(1) "visit" is defined as a face-to-face contact between a child and the child's
caseworker;

(2) "visited on a monthly basis" is defined as at least one visit per calendar month;

(3) "the child's caseworker" is defined as the person who has responsibility for
managing the child's foster care placement case as assigned by the responsible social
service agency; and

(4) "the child's residence" is defined as the home where the child is residing, and
can include the foster home, child care institution, or the home from which the child was
removed if the child is on a trial home visit.

(b) Caseworker visits shall be of sufficient substance and duration to address issues
pertinent to case planning and service delivery to ensure the safety, permanency, and
well-being of the child.

Sec. 9.

Minnesota Statutes 2008, section 260C.212, subdivision 11, is amended to read:


Subd. 11.

Rules; family and group foster care.

deleted text beginThe commissioner shall revisedeleted text end
deleted text begin Minnesota Rules, parts 9545.0010 to 9545.0260, the rules setting standards for family and
deleted text enddeleted text begingroup family foster care.deleted text end The commissioner shall:

(1) require that, as a condition of licensure, foster care providers attend training on
understanding and validating the cultural heritage of all children in their care, and on the
importance of the Indian Child Welfare Act, United States Code, title 25, sections 1901 to
1923, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; deleted text beginand
deleted text end

(2) review and, where necessary, revise foster care rules to reflect sensitivity to
cultural diversity and differing lifestyles. Specifically, the commissioner shall examine
whether space and other requirements discriminate against single-parent, minority, or
low-income families who may be able to provide quality foster care reflecting the values
of their own respective culturesnew text begin; and
new text end

new text begin (3) relieve relative foster care providers of the requirements promulgated as a result
of clauses (1) and (2) when the safety of the child is not jeopardized and as allowed
under federal law
new text end.

Sec. 10.

Minnesota Statutes 2008, section 261.035, is amended to read:


261.035 new text beginCREMATION, BURIAL, AND new text endFUNERALS AT EXPENSE OF
COUNTY.

When a person dies in any county without apparent means to provide for that person's
funeral or final disposition, the county board shall first investigate to determine whether
that person had contracted for any prepaid funeral arrangements. If new text beginprepaid new text endarrangements
have been made, the county shall authorize arrangements to be implemented in accord
with the instructions of the deceased. If it is determined that the person did not leave
sufficient means to defray the necessary expenses of a funeral and final disposition, nor
any spouse of sufficient ability to procure the burial, the county board shall deleted text beginprovidedeleted text endnew text begin paynew text end for
deleted text begin a funeral and final dispositiondeleted text endnew text begin cremationnew text end of the person's remains deleted text beginto be made at the expense
of the county.
deleted text end new text begin and the person's burial or interment if the spouse or next of kin does not
want to take possession of the ashes. If it is determined that cremation is not in accordance
with the decedent's personal preferences or the known practices of the decedent's faith
tradition or the personal preferences of the decedent's spouse or the decedent's next of
kin, the county board shall provide for a burial and funeral.
new text endAny new text beginburial, new text endfuneralnew text begin,new text end and final
disposition provided at the expense of the county shall be in accordance with deleted text beginreligious and
moral beliefs of the decedent or
deleted text endnew text begin personal preferences or known practices of the decedent's
faith tradition or the personal preferences of
new text end the decedent's spouse or the decedent's next of
kin. If new text beginneither new text endthe wishes of the decedent deleted text beginare not knowndeleted text endnew text begin, nor the practices of the decedent's
faith tradition are known,
new text endand the county has no information about the existence of or
location of any next of kin, the county deleted text beginmay determine the method of final dispositiondeleted text endnew text begin may
provide for cremation of the person's remains and burial or interment
new text end.

ARTICLE 2

HEALTH CARE AND EDUCATION

Section 1.

Minnesota Statutes 2008, section 62Q.37, subdivision 3, is amended to read:


Subd. 3.

Audits.

(a) The commissioner may conduct routine audits and
investigations as prescribed under the commissioner's respective state authorizing statutes.
If a nationally recognized independent organization has conducted an audit of the health
plan company using audit procedures that are comparable to or more stringent than the
commissioner's audit procedures:

(1) the commissioner deleted text beginmaydeleted text end new text beginshall new text endaccept the independent auditnew text begin, including standards
and audit practices,
new text end and require no further audit if the results of the independent audit
show that the performance standard being audited meets or exceeds state standards;

(2) the commissioner may accept the independent audit and limit further auditing
if the results of the independent audit show that the performance standard being audited
partially meets state standards;

(3) the health plan company must demonstrate to the commissioner that the
nationally recognized independent organization that conducted the audit is qualified and
that the results of the audit demonstrate that the particular performance standard partially
or fully meets state standards; and

(4) if the commissioner has partially or fully accepted an independent audit of the
performance standard, the commissioner may use the finding of a deficiency with regard
to statutes or rules by an independent audit as the basis for a targeted audit or enforcement
action.

(b) If a health plan company has formally delegated activities that are required
under either state law or contract to another organization that has undergone an audit by
a nationally recognized independent organization, that health plan company may use
the nationally recognized accrediting body's determination on its own behalf under this
section.

Sec. 2.

Minnesota Statutes 2008, section 144A.04, subdivision 11, is amended to read:


Subd. 11.

Incontinent residents.

Notwithstanding Minnesota Rules, part
4658.0520, an incontinent resident must be deleted text beginchecked according to a specific time interval
written in the resident's
deleted text endnew text begin treated according to the comprehensive assessment andnew text end care plan.
deleted text begin The resident's attending physician must authorize in writing any interval longer than
two hours unless the resident, if competent, or a family member or legally appointed
conservator, guardian, or health care agent of a resident who is not competent, agrees in
writing to waive physician involvement in determining this interval, and this waiver
is documented in the resident's care plan.
deleted text end

Sec. 3.

Minnesota Statutes 2008, section 144A.04, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Resident positioning. new text end

new text begin Notwithstanding Minnesota Rules, part 4658.0525,
subpart 4, the position of residents unable to change their own position must be changed
based on the comprehensive assessment and care plan.
new text end

Sec. 4.

Minnesota Statutes 2008, section 144A.43, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Medication reminder. new text end

new 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.
new text end

Sec. 5.

Minnesota Statutes 2008, section 144A.45, subdivision 1, is amended to read:


Subdivision 1.

Rules.

The commissioner shall adopt rules for the regulation of
home care providers pursuant to sections 144A.43 to 144A.47. The rules 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 services;

(2) requirements that home care providers furnish the commissioner with specified
information necessary to implement sections 144A.43 to 144A.47;

(3) standards of training of home care provider personnel, which may vary according
to the nature of the services provided or the health status of the consumer;

(4) standards for medication management 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 medications;

(5) standards for supervision of home care services 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 thatdeleted text begin,
notwithstanding the provisions of Minnesota Rules, part 4668.0110, subpart 5, item B,
supervision of
deleted text end a person performing home care aide tasks for a class B licensee providing
paraprofessional services deleted text beginmust occur only every 180 days, or more frequently if indicated
by a clinical assessment
deleted text endnew text begin does not require nursing supervisionnew text end;

(6) standards for client evaluation or assessment which may vary according to the
nature of the services provided or the status of the consumer;

(7) requirements for the involvement of a consumer's physician, the documentation
of physicians' orders, if required, and the consumer's treatment plan, and the maintenance
of accurate, current clinical records;

(8) the establishment of different classes of licenses for different types of providers
and different standards and requirements for different kinds of home care services; and

(9) operating procedures required to implement the home care bill of rights.

Sec. 6.

Minnesota Statutes 2008, section 144A.45, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Home health aide qualifications. new text end

new 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.
new text end

Sec. 7.

Minnesota Statutes 2008, section 147C.10, subdivision 2, as amended by Laws
2009, chapter 142, article 2, section 3, is amended to read:


Subd. 2.

Other health care practitioners.

(a) Nothing in this chapter shall prohibit
the practice of any profession or occupation licensed or registered by the state by any
person duly licensed or registered to practice the profession or occupation or to perform
any act that falls within the scope of practice of the profession or occupation.

(b) Nothing in this chapter shall be construed to require a respiratory care license for:

(1) a student enrolled in a respiratory therapy or polysomnography technology
education program accredited by the Commission on Accreditation of Allied Health
Education Programs, its successor organization, or another nationally recognized
accrediting organization;

(2) a respiratory therapist as a member of the United States armed forces while
performing duties incident to that duty;

(3) an individual employed by a durable medical equipment provider or a home
medical equipment provider who delivers, sets up, new text begininstructs the patient on the use of, new text endor
maintains respiratory care equipment, but does not perform assessment, education, or
evaluation of the patient;

(4) self-care by a patient or gratuitous care by a friend or relative who does not
purport to be a licensed respiratory therapist; or

(5) an individual employed in a sleep lab or center as a polysomnographic
technologist under the supervision of a licensed physician.

Sec. 8.

new text begin [245B.031] ACCREDITATION, ALTERNATIVE INSPECTION, AND
DEEMED COMPLIANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Day training and habilitation or supported employment services
programs; alternative inspection status.
new text end

new text begin (a) A license holder providing day training and
habilitation services or supported employment services according to this chapter, with a
three-year accreditation from the Commission on Rehabilitation Facilities, that has had at
least one on-site inspection by the commissioner following issuance of the initial license,
may request alternative inspection status under this section.
new text end

new text begin (b) The request for alternative inspection status must be made in the manner
prescribed by the commissioner, and must include:
new text end

new text begin (1) a copy of the license holder's application to the Commission on Rehabilitation
Facilities for accreditation;
new text end

new text begin (2) the most recent Commission on Rehabilitation Facilities accreditation survey
report; and
new text end

new text begin (3) the most recent letter confirming the three-year accreditation and approval of the
license holder's quality improvement plan.
new text end

new text begin Based on the request and the accompanying materials, the commissioner may
approve alternative inspection status.
new text end

new text begin (c) Following approval of alternative inspection status, the commissioner may
terminate the alternative inspection status or deny a subsequent alternative inspection
status if the commissioner determines that any of the following conditions have occurred
after approval of the alternative inspection process:
new text end

new text begin (1) the license holder has not maintained full three-year 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 three-year accreditation period; and
new text end

new text begin (3) during the three-year accreditation period, the license holder has been issued
an order for conditional license, a fine, suspension, or license revocation that has not
been reversed upon appeal.
new text end

new text begin (d) The commissioner's decision that the conditions for approval for the alternative
licensing inspection status have not been met is final and not subject to appeal under the
provisions of chapter 14.
new text end

new text begin Subd. 2. new text end

new text begin Programs exempt from certain statutes. new text end

new text begin (a) A license holder approved
for alternative inspection status under this section is exempt from the requirements under:
new text end

new text begin (1) section 245B.04;
new text end

new text begin (2) section 245B.05, subdivisions 5 and 6;
new text end

new text begin (3) section 245B.06, subdivisions 1, 3, 4, 5, and 6; and
new text end

new text begin (4) section 245B.07, subdivisions 1, 4, and 6.
new text end

new text begin (b) Upon receipt of a complaint regarding a requirement under paragraph (a), the
commissioner shall refer the complaint to the Commission on Rehabilitation Facilities for
possible follow-up.
new text end

new text begin Subd. 3. new text end

new text begin Programs deemed to be in compliance with nonexempt licensing
requirements.
new text end

new text begin (a) License holders approved for alternative inspection status under this
section are required to maintain compliance with all licensing standards from which they
are not exempt under subdivision 2, paragraph (a).
new text end

new text begin (b) License holders approved for alternative inspection status under this section shall
be deemed to be in compliance with all nonexempt statutes, and the commissioner shall
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 inspection under this section that is not related to a licensing requirement
from which the license holder is exempt under subdivision 2, the commissioner shall
investigate the complaint and may take any action as provided under section 245A.06 or
245A.07.
new text end

new text begin Subd. 4. new text end

new text begin Investigations of alleged maltreatment of minors or vulnerable adults.
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 vulnerable adult under
section 626.557.
new text end

new text begin Subd. 5. new text end

new text begin Request to Commission on Rehabilitation Facilities to expand
accreditation survey.
new text end

new text begin The commissioner shall submit a request to the Commission on
Rehabilitation Facilities to routinely inspect for compliance with standards that are similar
to the following nonexempt licensing requirements:
new text end

new text begin (1) section 245A.54;
new text end

new text begin (2) section 245A.66;
new text end

new text begin (3) section 245B.05, subdivisions 1, 2, and 7;
new text end

new text begin (4) section 245B.055;
new text end

new text begin (5) section 245B.06, subdivisions 2, 7, 9, and 10;
new text end

new text begin (6) section 245B.07, subdivisions 2, 5, and 8, paragraph (a), clause (7);
new text end

new text begin (7) section 245C.04, subdivision 1, paragraph (f);
new text end

new text begin (8) section 245C.07;
new text end

new text begin (9) section 245C.13, subdivision 2;
new text end

new text begin (10) section 245C.20; and
new text end

new text begin (11) Minnesota Rules, parts 9525.2700 to 9525.2810.
new text end

Sec. 9.

Minnesota Statutes 2008, section 256.962, subdivision 6, is amended to read:


Subd. 6.

School districtsnew text begin and charter schoolsnew text end.

(a) At the beginning of each school
year, a school district new text begin or charter school new text endshall provide information to each student on the
availability of health care coverage through the Minnesota health care programs.

(b) deleted text beginFor each child who is determined to be eligible for the free and reduced-price
school lunch program, the district shall provide the child's family with information on how
to obtain an application for the Minnesota health care programs and application assistance.
deleted text end

deleted text begin (c)deleted text end A new text beginschool new text enddistrict new text beginor charter school new text endshall also ensure that applications and
information on application assistance are available at early childhood education sites and
public schools located within the district's jurisdiction.

deleted text begin (d) Each district shall designate an enrollment specialist to provide application
assistance and follow-up services with families who have indicated an interest in receiving
information or an application for the Minnesota health care program. A district is eligible
for the application assistance bonus described in subdivision 5.
deleted text end

deleted text begin (e) Eachdeleted text endnew text begin (c) If a school district or charter school maintains a district Web site, thenew text end
school district new text beginor charter school new text endshall provide on deleted text begintheirdeleted text endnew text begin itsnew text end Web site a link to information on
how to obtain an application and application assistance.

Sec. 10.

Minnesota Statutes 2008, section 260B.171, subdivision 3, is amended to read:


Subd. 3.

Disposition order; copy to school.

(a) If a juvenile is enrolled in school,
the juvenile's probation officer shall deleted text begintransmit adeleted text end new text beginensure that either a mailed notice or an
electronic
new text endcopy of the court's disposition order new text beginbe transmitted new text endto the superintendent of the
juvenile's school district or the chief administrative officer of the juvenile's school if the
juvenile has been adjudicated delinquent for committing an act on the school's property
or an act:

(1) that would be a violation of section 609.185 (first-degree murder); 609.19
(second-degree murder); 609.195 (third-degree murder); 609.20 (first-degree
manslaughter); 609.205 (second-degree manslaughter); 609.21 (criminal vehicular
homicide and injury); 609.221 (first-degree assault); 609.222 (second-degree assault);
609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree
assault); 609.2242 (domestic assault); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.342 (first-degree
criminal sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344
(third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct);
609.3451 (fifth-degree criminal sexual conduct); 609.498 (tampering with a witness);
609.561 (first-degree arson); 609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic
threats); or 609.749 (harassment and stalking), if committed by an adult;

(2) that would be a violation of section 152.021 (first-degree controlled substance
crime); 152.022 (second-degree controlled substance crime); 152.023 (third-degree
controlled substance crime); 152.024 (fourth-degree controlled substance crime); 152.025
(fifth-degree controlled substance crime); 152.0261 (importing a controlled substance);
152.0262 (possession of substances with intent to manufacture methamphetamine); or
152.027 (other controlled substance offenses), if committed by an adult; or

(3) that involved the possession or use of a dangerous weapon as defined in section
609.02, subdivision 6.

When a disposition order is transmitted under this subdivision, the probation officer
shall notify the juvenile's parent or legal guardian that the disposition order has been
shared with the juvenile's school.

(b) In addition, the juvenile's probation officer may transmit a copy of the court's
disposition order to the superintendent of the juvenile's school district or the chief
administrative officer of the juvenile's school if the juvenile has been adjudicated
delinquent for offenses not listed in paragraph (a) and placed on probation. The probation
officer shall notify the superintendent or chief administrative officer when the juvenile is
discharged from probation.

(c) The disposition order must be accompanied by a notice to the school that the
school may obtain additional information from the juvenile's probation officer with the
consent of the juvenile or the juvenile's parents, as applicable. The disposition order must
be maintained, shared, or released only as provided in section 121A.75.

(d) The juvenile's probation officer shall maintain a record of disposition orders
released under this subdivision and the basis for the release.

(e) No later than September 1, 2002, the criminal and juvenile justice information
policy group, in consultation with representatives of probation officers and educators, shall
prepare standard forms for use by juvenile probation officers in forwarding information
to schools under this subdivision and in maintaining a record of the information that is
released. The group shall provide a copy of any forms or procedures developed under this
paragraph to the legislature by January 15, 2003.

(f) As used in this subdivision, "school" means a charter school or a school as
defined in section 120A.22, subdivision 4, except a home school.

Sec. 11.

Minnesota Statutes 2008, section 471.61, subdivision 1, is amended to read:


Subdivision 1.

Officers, employees.

A county, municipal corporation, town, school
district, county extension committee, other political subdivision or other body corporate
and politic of this state, other than the state or any department of the state, through its
governing body, and any two or more subdivisions acting jointly through their governing
bodies, may insure or protect its or their officers and employees, and their dependents, or
any class or classes of officers, employees, or dependents, under a policy or policies or
contract or contracts of group insurance or benefits covering life, health, and accident, in
the case of employees, and medical and surgical benefits and hospitalization insurance
or benefits for both employees and dependents or dependents of an employee whose
death was due to causes arising out of and in the course of employment, or any one or
more of those forms of insurance or protection. A governmental unit, including county
extension committees and those paying their employees, may pay all or any part of
the premiums or charges on the insurance or protection. A payment is deemed to be
additional compensation paid to the officers or employees, but for purposes of determining
contributions or benefits under a public pension or retirement system it is not deemed
to be additional compensation. One or more governmental units may determine that
a person is an officer or employee if the person receives income from the governmental
subdivisions without regard to the manner of election or appointment, including but not
limited to employees of county historical societies that receive funding from the county
and employees of the Minnesota Inter-county Association. The appropriate officer of
the governmental unit, or those disbursing county extension funds, shall deduct from
the salary or wages of each officer and employee who elects to become insured or so
protected, on the officer's or employee's written order, all or part of the officer's or
employee's share of premiums or charges and remit the share or portion to the insurer or
company issuing the policy or contract.

A governmental unit, other than a school district, that pays all or part of the premiums
or charges is authorized to levy and collect a tax, if necessary, in the next annual tax levy
for the purpose of providing the necessary money for the payment of the premiums or
charges, and the sums levied and appropriated are not, in the event the sum exceeds the
maximum sum allowed by the charter of a municipal corporation, considered part of
the cost of government of the governmental unit as defined in any levy or expenditure
limitation; provided at least 50 percent of the cost of benefits on dependents must be
contributed by the employee or be paid by levies within existing charter tax limitations.

The word "dependents" as used in this subdivision means spouse and minor
unmarried children under the age of 18 years actually dependent upon the employee.

new text begin Notwithstanding any law to the contrary, a political subdivision described in this
subdivision may provide health benefits to its employees, dependents, and any class
or classes of officers, employers, or dependents through negotiated contributions to
self-funded multiemployer health and welfare funds.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment;
applies to contributions made before, on, or after that date; and is intended as a clarification
of existing law.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 4668.0110, subpart 5, new text end new text begin is repealed.
new text end