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Capital IconMinnesota Legislature
Office of the Revisor of Statutes

HF 1403

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/08/2023 10:24am

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 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
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 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 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 5.32 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 6.32 6.33
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 7.30 7.31 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 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 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 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 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 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 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
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 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 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 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
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
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 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 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 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 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 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 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 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 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 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 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 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 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 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
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 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 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 37.34 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 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 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 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 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 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 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 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 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 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 47.34 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
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 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
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 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 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 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 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
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 58.35 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 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 60.33
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
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 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 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 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 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 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
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 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 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 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 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 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
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 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 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 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 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 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 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 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
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 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 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 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 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 88.32 88.33 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
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 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 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 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
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 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
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 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 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 99.34 100.1 100.2 100.3 100.4 100.5
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
100.26 100.27 100.28 100.29 100.30 100.31 101.1 101.2 101.3 101.4 101.5 101.6 101.7
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
101.28 101.29 101.30 101.31 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 103.1 103.2 103.3 103.4 103.5
103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16
103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 104.35 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3
107.4 107.5
107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14
108.15
108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20
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
111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11
112.12
112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16
113.17
113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 114.35 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10
115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 116.35 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8
118.9 118.10
118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 119.1 119.2 119.3 119.4 119.5
119.6
119.7 119.8 119.9 119.11 119.10 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 119.35 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 120.36 120.37 120.38 120.39 120.40 120.41 120.42 120.43 120.44 120.45 120.46 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 121.35 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19
123.20
123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 124.1 124.2 124.3
124.4
124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31
127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22
128.23
128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 130.1 130.2 130.3 130.4
130.5
130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13
132.14 132.15
132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13
134.14
134.15 134.16 134.17 134.18 134.19
134.20
134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24
135.25
135.26 135.27 135.28 135.29 135.30 135.31 135.32 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21
136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13
137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23
137.24 137.25 137.26 137.27 137.28 137.29 138.1 138.2 138.3
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
138.27 138.28 138.29 138.30 139.1 139.2
139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 140.34 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 143.1 143.2 143.3 143.4 143.5 143.6
143.7
143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34
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
147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22
148.23 148.24 148.25
148.26 148.27 148.28 148.29 148.30 148.31 148.32
149.1 149.2 149.3 149.4 149.5 149.6 149.7
149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22
150.23 150.24
150.25 150.26 150.27 150.28 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11
152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19
152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9
153.10 153.11 153.12 153.13 153.14 153.15
153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 154.34
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
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
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
158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17
159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10
161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18
161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9
165.10
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A bill for an act
 relating to human services; modifying and establishing laws regarding aging,
disability, behavioral health, substance use disorder, housing, economic assistance,
children and family services, health care, licensing, Department of Human Services
Office of Inspector General, and conversion therapy; requiring reports;
appropriating money; amending Minnesota Statutes 2022, sections 13.46,
subdivision 4; 62N.25, subdivision 5; 62Q.1055; 62Q.47; 62V.05, subdivision 4a;
122A.18, subdivision 8; 169A.70, subdivisions 3, 4; 245.462, subdivisions 3, 12;
245.4661, subdivision 9; 245.469, subdivision 3; 245.4711, subdivisions 3, 4;
245.477; 245.4835, subdivision 2; 245.4871, subdivisions 3, 19; 245.4873,
subdivision 4; 245.4881, subdivisions 3, 4; 245.4885, subdivision 1; 245.4887;
245.50, subdivision 5; 245A.02, subdivisions 5a, 10b; 245A.03, subdivision 7;
245A.04, subdivisions 1, 4, 7; 245A.041, by adding a subdivision; 245A.043,
subdivision 3; 245A.05; 245A.07, subdivisions 1, 2a, 3; 245A.10, subdivisions 3,
4; 245A.11, subdivision 7, by adding a subdivision; 245A.14, subdivision 4;
245A.1435; 245A.146, subdivision 3; 245A.16, subdivisions 1, 9, by adding a
subdivision; 245A.18, subdivision 2; 245A.52, subdivisions 1, 2, 3, 5, by adding
subdivisions; 245A.66, by adding a subdivision; 245C.02, subdivisions 6a, 11c,
by adding subdivisions; 245C.03, subdivisions 1, 1a, 4, 5, 5a; 245C.031,
subdivisions 1, 4; 245C.05, subdivisions 1, 5a, by adding a subdivision; 245C.07;
245C.08, subdivision 1; 245C.10, subdivision 4; 245C.15, subdivision 4a; 245C.30,
subdivision 2; 245C.31, subdivision 1; 245C.33, subdivision 4; 245D.03,
subdivision 1; 245E.06, subdivision 3; 245E.08; 245G.05, subdivision 2; 245G.07,
subdivision 3a; 245G.13, subdivision 2; 245G.22, subdivision 2; 245H.03, by
adding a subdivision; 245H.05; 245H.08, subdivisions 4, 5; 245H.13, subdivisions
3, 7, 9; 245I.20, subdivision 10; 246.0135; 254A.03, subdivision 3; 254A.035,
subdivision 2; 254A.19, subdivisions 1, 3, 4, by adding subdivisions; 254B.01,
subdivision 5, by adding subdivisions; 254B.03, subdivisions 1, 2, 5; 254B.04,
subdivisions 1, 2a, by adding subdivisions; 254B.05, subdivisions 1a, 5; 256.01,
by adding a subdivision; 256.478, by adding subdivisions; 256.9685, subdivisions
1a, 1b; 256.9686, by adding a subdivision; 256B.04, subdivision 15; 256B.056,
by adding a subdivision; 256B.0622, subdivision 8; 256B.0625, subdivisions 3a,
16, by adding a subdivision; 256B.064; 256B.0911, subdivision 23; 256B.092,
subdivision 10; 256B.093, subdivision 1; 256B.0946, subdivision 6; 256B.0947,
subdivision 7a; 256B.27, subdivision 3; 256B.439, subdivisions 3c, 3d; 256B.492;
256B.493, subdivisions 2a, 4; 256D.02, by adding a subdivision; 256D.07; 256D.09,
subdivision 2a; 256I.03, subdivision 15, by adding a subdivision; 256I.04,
subdivision 2; 256I.06, subdivision 3; 256I.09; 256J.08, subdivision 21; 256J.09,
subdivision 3; 256J.95, subdivision 5; 256L.03, subdivisions 1, 2; 256L.12,
subdivision 8; 256N.24, subdivision 12; 256P.01, by adding a subdivision; 256P.04,
by adding a subdivision; 256S.202, subdivision 1; 260B.157, subdivisions 1, 3;
260C.157, subdivision 3; 260C.221, subdivision 1; 260C.317, subdivision 3;
260E.20, subdivision 1; 299A.299, subdivision 1; 325F.69, by adding a subdivision;
518A.43, subdivision 1b; 524.5-104; 524.5-118, subdivision 2a; 524.5-313; Laws
2021, First Special Session chapter 7, article 2, section 17; article 6, section 12;
article 11, section 18; article 13, section 43; article 17, section 20; Laws 2022,
chapter 98, article 4, section 37; proposing coding for new law in Minnesota
Statutes, chapters 119B; 214; 245; 245A; repealing Minnesota Statutes 2022,
sections 169A.70, subdivision 6; 245A.144; 245A.175; 245A.22; 245C.02,
subdivision 9; 245C.301; 245G.22, subdivision 19; 254A.02, subdivision 8a;
254A.16, subdivision 6; 254A.19, subdivisions 1a, 2, 5; 254B.04, subdivisions
2b, 2c; 254B.041, subdivision 2; 254B.13, subdivisions 1, 2, 2a, 4, 5, 6, 7, 8;
254B.16; 256.9685, subdivisions 1c, 1d; 256B.49, subdivision 23; 256D.63,
subdivision 1; 256I.03, subdivision 6; 260.835, subdivision 2; 518A.59; Minnesota
Rules, parts 2960.3070; 2960.3210; 9502.0425, subparts 5, 10; 9505.0235;
9505.0505, subpart 18; 9505.0520, subpart 9b.

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

ARTICLE 1

AGING, DISABILITY, AND BEHAVIORAL HEALTH SERVICES

Section 1.

Minnesota Statutes 2022, section 245.462, subdivision 3, is amended to read:


Subd. 3.

Case management services.

"Case management services" means activities
that are coordinated with the community support services program as defined in subdivision
6 and are designed to help adults with serious and persistent mental illness in gaining access
to needed medical, social, educational, vocational, and other necessary services as they
relate to the client's mental health needs. Case management services include developing a
functional assessment, an individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end , referring
and assisting the person to obtain needed mental health and other services, ensuring
coordination of services, and monitoring the delivery of services.

Sec. 2.

Minnesota Statutes 2022, section 245.462, subdivision 12, is amended to read:


Subd. 12.

Individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end .

"Individual
deleted text begin assessment summarydeleted text end new text begin community support plannew text end " means a written plan developed by a case
manager on the basis of a diagnostic assessment and functional assessment. The plan
identifies specific services needed by an adult with serious and persistent mental illness to
develop independence or improved functioning in daily living, health and medication
management, social functioning, interpersonal relationships, financial management, housing,
transportation, and employment.

Sec. 3.

Minnesota Statutes 2022, section 245.4661, subdivision 9, is amended to read:


Subd. 9.

Services and programs.

(a) The following three distinct grant programs are
funded under this section:

(1) mental health crisis services;

(2) housing with supports for adults with serious mental illness; and

(3) projects for assistance in transitioning from homelessness (PATH program).

(b) In addition, the following are eligible for grant funds:

(1) community education and prevention;

(2) client outreach;

(3) early identification and intervention;

(4) adult outpatient diagnostic assessment and psychological testing;

(5) peer support services;

(6) community support program services (CSP);

(7) adult residential crisis stabilization;

(8) supported employment;

(9) assertive community treatment (ACT);

(10) housing subsidies;

(11) basic living, social skills, and community intervention;

(12) emergency response services;

(13) adult outpatient psychotherapy;

(14) adult outpatient medication management;

(15) adult mobile crisis services;

(16) adult day treatment;

(17) partial hospitalization;

(18) adult residential treatment;

(19) adult mental health targeted case management;new text begin and
new text end

deleted text begin (20) intensive community rehabilitative services (ICRS); and
 deleted text end

deleted text begin (21)deleted text end new text begin (20)new text end transportation.

Sec. 4.

Minnesota Statutes 2022, section 245.469, subdivision 3, is amended to read:


Subd. 3.

Mental health crisis services.

The commissioner of human services shall
increase access to mental health crisis services for children and adults. In order to increase
access, the commissioner must:

(1) develop a central phone number where calls can be routed to the appropriate crisis
services;

(2) provide telephone consultation 24 hours a day to mobile crisis teams who are serving
people with traumatic brain injury or intellectual disabilities who are experiencing a mental
health crisis;

(3) expand crisis services across the state, including rural areas of the state and examining
access per population;

(4) establish and implement state standardsnew text begin and requirementsnew text end for crisis servicesnew text begin as outlined
in section 256B.0624new text end ; and

(5) provide grants to adult mental health initiatives, counties, tribes, or community mental
health providers to establish new mental health crisis residential service capacity.

Priority will be given to regions that do not have a mental health crisis residential services
program, do not have an inpatient psychiatric unit within the region, do not have an inpatient
psychiatric unit within 90 miles, or have a demonstrated need based on the number of crisis
residential or intensive residential treatment beds available to meet the needs of the residents
in the region. At least 50 percent of the funds must be distributed to programs in rural
Minnesota. Grant funds may be used for start-up costs, including but not limited to
renovations, furnishings, and staff training. Grant applications shall provide details on how
the intended service will address identified needs and shall demonstrate collaboration with
crisis teams, other mental health providers, hospitals, and police.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2022, section 245.4711, subdivision 3, is amended to read:


Subd. 3.

Duties of case manager.

Upon a determination of eligibility for case
management services, and if the adult consents to the services, the case manager shall
complete a written functional assessment according to section 245.462, subdivision 11a.
The case manager shall develop an individual deleted text begin assessment summarydeleted text end new text begin community support
plannew text end for the adult according to subdivision 4, paragraph (a), review the adult's progress, and
monitor the provision of services. If services are to be provided in a host county that is not
the county of financial responsibility, the case manager shall consult with the host county
and obtain a letter demonstrating the concurrence of the host county regarding the provision
of services.

Sec. 6.

Minnesota Statutes 2022, section 245.4711, subdivision 4, is amended to read:


Subd. 4.

Individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end .

(a) The case
manager must develop an individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end for each
adult that incorporates the client's individual treatment plan. The individual treatment plan
may not be a substitute for the development of an individual deleted text begin assessment summarydeleted text end new text begin community
support plannew text end . The individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end must be developed
within 30 days of client intake and reviewed at least every 180 days after it is developed,
unless the case manager receives a written request from the client or the client's family for
a review of the plan every 90 days after it is developed. The case manager is responsible
for developing the individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end based on a
diagnostic assessment and a functional assessment and for implementing and monitoring
the delivery of services according to the individual deleted text begin assessment summarydeleted text end new text begin community support
plannew text end . To the extent possible, the adult with serious and persistent mental illness, the person's
family, advocates, service providers, and significant others must be involved in all phases
of development and implementation of the individual deleted text begin or family assessment summarydeleted text end new text begin
community support plannew text end .

(b) The client's individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end must state:

(1) the goals of each service;

(2) the activities for accomplishing each goal;

(3) a schedule for each activity; and

(4) the frequency of face-to-face contacts by the case manager, as appropriate to client
need and the implementation of the individual deleted text begin assessment summarydeleted text end new text begin community support
plannew text end .

Sec. 7.

Minnesota Statutes 2022, section 245.477, is amended to read:


245.477 APPEALS.

Any adult who requests mental health services under sections 245.461 to 245.486 must
be advised of services available and the right to appeal at the time of the request and each
time the individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end or individual treatment
plan is reviewed. Any adult whose request for mental health services under sections 245.461
to 245.486 is denied, not acted upon with reasonable promptness, or whose services are
suspended, reduced, or terminated by action or inaction for which the county board is
responsible under sections 245.461 to 245.486 may contest that action or inaction before
the state agency as specified in section 256.045. The commissioner shall monitor the nature
and frequency of administrative appeals under this section.

Sec. 8.

Minnesota Statutes 2022, section 245.4835, subdivision 2, is amended to read:


Subd. 2.

Failure to maintain expenditures.

(a) If a county does not comply with
subdivision 1, the commissioner shall require the county to develop a corrective action plan
according to a format and timeline established by the commissioner. If the commissioner
determines that a county has not developed an acceptable corrective action plan within the
required timeline, or that the county is not in compliance with an approved corrective action
plan, the protections provided to that county under section 245.485 do not apply.

(b) The commissioner shall consider the following factors to determine whether to
approve a county's corrective action plan:

(1) the degree to which a county is maximizing revenues for mental health services from
noncounty sources;

(2) the degree to which a county is expanding use of alternative services that meet mental
health needs, but do not count as mental health services within existing reporting systems.
If approved by the commissioner, the alternative services must be included in the county's
base as well as subsequent years. The commissioner's approval for alternative services must
be based on the following criteria:

(i) the service must be provided to children with emotional disturbance or adults with
mental illness;

(ii) the services must be based on an individual treatment plan or individual deleted text begin assessment
summarydeleted text end new text begin community support plannew text end as defined in the Comprehensive Mental Health Act;
and

(iii) the services must be supervised by a mental health professional and provided by
staff who meet the staff qualifications defined in sections 256B.0943, subdivision 7, and
256B.0623, subdivision 5.

(c) Additional county expenditures to make up for the prior year's underspending may
be spread out over a two-year period.

Sec. 9.

Minnesota Statutes 2022, section 245.4871, subdivision 3, is amended to read:


Subd. 3.

Case management services.

"Case management services" means activities
that are coordinated with the family community support services and are designed to help
the child with severe emotional disturbance and the child's family obtain needed mental
health services, social services, educational services, health services, vocational services,
recreational services, and related services in the areas of volunteer services, advocacy,
transportation, and legal services. Case management services include assisting in obtaining
a comprehensive diagnostic assessment, developing an individual family deleted text begin assessment summarydeleted text end new text begin
community support plannew text end , and assisting the child and the child's family in obtaining needed
services by coordination with other agencies and assuring continuity of care. Case managers
must assess and reassess the delivery, appropriateness, and effectiveness of services over
time.

Sec. 10.

Minnesota Statutes 2022, section 245.4871, subdivision 19, is amended to read:


Subd. 19.

Individual family deleted text begin assessment summarydeleted text end new text begin community support
plannew text end .

"Individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end " means a written
plan developed by a case manager in conjunction with the family and the child with severe
emotional disturbance on the basis of a diagnostic assessment and a functional assessment.
The plan identifies specific services needed by a child and the child's family to:

(1) treat the symptoms and dysfunctions determined in the diagnostic assessment;

(2) relieve conditions leading to emotional disturbance and improve the personal
well-being of the child;

(3) improve family functioning;

(4) enhance daily living skills;

(5) improve functioning in education and recreation settings;

(6) improve interpersonal and family relationships;

(7) enhance vocational development; and

(8) assist in obtaining transportation, housing, health services, and employment.

Sec. 11.

Minnesota Statutes 2022, section 245.4873, subdivision 4, is amended to read:


Subd. 4.

Individual case coordination.

The case manager designated under section
245.4881 is responsible for ongoing coordination with any other person responsible for
planning, development, and delivery of social services, education, corrections, health, or
vocational services for the individual child. The new text begin individual new text end family deleted text begin assessment summarydeleted text end new text begin
community support plannew text end developed by the case manager shall reflect the coordination among
the local service system providers.

Sec. 12.

Minnesota Statutes 2022, section 245.4881, subdivision 3, is amended to read:


Subd. 3.

Duties of case manager.

(a) Upon a determination of eligibility for case
management services, the case manager shall develop an individual family deleted text begin assessment
summarydeleted text end new text begin community support plannew text end for a child as specified in subdivision 4, review the child's
progress, and monitor the provision of services. If services are to be provided in a host
county that is not the county of financial responsibility, the case manager shall consult with
the host county and obtain a letter demonstrating the concurrence of the host county regarding
the provision of services.

(b) The case manager shall note in the child's record the services needed by the child
and the child's family, the services requested by the family, services that are not available,
and the unmet needs of the child and child's family. The case manager shall note this
provision in the child's record.

Sec. 13.

Minnesota Statutes 2022, section 245.4881, subdivision 4, is amended to read:


Subd. 4.

Individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end .

(a) For
each child, the case manager must develop an individual family deleted text begin assessment summarydeleted text end new text begin
community support plannew text end that incorporates the child's individual treatment plan. The individual
treatment plan may not be a substitute for the development of an individual family deleted text begin assessment
summarydeleted text end new text begin community support plannew text end . The case manager is responsible for developing the
individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end within 30 days of intake
based on a diagnostic assessment and for implementing and monitoring the delivery of
services according to the individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end .
The case manager must review the plan at least every 180 calendar days after it is developed,
unless the case manager has received a written request from the child's family or an advocate
for the child for a review of the plan every 90 days after it is developed. To the extent
appropriate, the child with severe emotional disturbance, the child's family, advocates,
service providers, and significant others must be involved in all phases of development and
implementation of the individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end .
Notwithstanding the lack of an individual family deleted text begin assessment summarydeleted text end new text begin community support
plannew text end , the case manager shall assist the child and child's family in accessing the needed
services listed in section 245.4884, subdivision 1.

(b) The child's individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end must
state:

(1) the goals and expected outcomes of each service and criteria for evaluating the
effectiveness and appropriateness of the service;

(2) the activities for accomplishing each goal;

(3) a schedule for each activity; and

(4) the frequency of face-to-face contacts by the case manager, as appropriate to client
need and the implementation of the individual family deleted text begin assessment summarydeleted text end new text begin community
support plannew text end .

Sec. 14.

Minnesota Statutes 2022, section 245.4885, subdivision 1, is amended to read:


Subdivision 1.

Admission criteria.

(a) Prior to admission or placement, except in the
case of an emergency, 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 shall undergo an assessment to determine the appropriate level of
care if county funds are used to pay for the child's services. An emergency includes when
a child is in need of and has been referred for crisis stabilization services under section
245.4882, subdivision 6. A child who has been referred to residential treatment for crisis
stabilization services in a residential treatment center is not required to undergo an assessment
under this section.

(b) The county board shall determine the appropriate level of care for a child when
county-controlled funds are used to pay for the child's residential treatment under this
chapter, including residential treatment provided in a qualified residential treatment program
as defined in section 260C.007, subdivision 26d. When a county board does not have
responsibility for a child's placement and 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 for the child. When Indian Health Services funds or funds of a
tribally owned facility funded under the Indian Self-Determination and Education Assistance
Act, Public Law 93-638, are used for the child, the Indian Health Services or 638 tribal
health facility must determine the appropriate level of care for the child. When more than
one entity bears responsibility for a child's coverage, the entities shall coordinate level of
care determination activities for the child to the extent possible.

(c) The child's 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
needs.

(d) When a level of care determination is conducted, the county board or other entity
may not determine that a screening of a child, referral, or admission to a residential treatment
facility 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 of a child that evaluates the child's 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 to the
child. The validated tool must be approved by the commissioner of human services and
may be the validated tool approved for the child's assessment under section 260C.704 if the
juvenile treatment screening team recommended placement of the child in a qualified
residential treatment program. If a diagnostic 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 these services
are available and accessible to the child and the child's family. The child and the child's
family must be invited to any meeting where the level of care determination is discussed
and decisions regarding residential treatment are made. The child and the child's family
may invite other relatives, friends, or advocates to attend these meetings.

(e) During 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
deleted text begin assessment summarydeleted text end new text begin community support plannew text end is being developed by the case manager, if
assigned.

(f) The level of care determination, placement decision, and recommendations for mental
health services must be documented in the child's record and made available to the child's
family, as appropriate.

Sec. 15.

Minnesota Statutes 2022, section 245.4887, is amended to read:


245.4887 APPEALS.

A child or a child's family, as appropriate, who requests mental health services under
sections 245.487 to 245.4889 must be advised of services available and the right to appeal
as described in this section at the time of the request and each time the individual family
deleted text begin assessment summarydeleted text end new text begin community support plannew text end or individual treatment plan is reviewed. A
child whose request for mental health services under sections 245.487 to 245.4889 is denied,
not acted upon with reasonable promptness, or whose services are suspended, reduced, or
terminated by action or inaction for which the county board is responsible under sections
245.487 to 245.4889 may contest that action or inaction before the state agency according
to section 256.045. The commissioner shall monitor the nature and frequency of
administrative appeals under this section.

Sec. 16.

new text begin [245.4903] CULTURAL AND ETHNIC MINORITY INFRASTRUCTURE
GRANT PROGRAM.
 new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services shall establish a
cultural and ethnic minority infrastructure grant program to ensure that mental health and
substance use disorder treatment supports and services are culturally specific and culturally
responsive to meet the cultural needs of the communities served.
 new text end

new text begin Subd. 2. new text end

new text begin Eligible applicants. new text end

new text begin An eligible applicant is a licensed entity or provider from
a cultural or ethnic minority population who:
 new text end

new text begin (1) provides mental health or substance use disorder treatment services and supports to
individuals from cultural and ethnic minority populations, including individuals who are
lesbian, gay, bisexual, transgender, or queer and from cultural and ethnic minority
populations;
 new text end

new text begin (2) provides or is qualified and has the capacity to provide clinical supervision and
support to members of culturally diverse and ethnic minority communities to qualify as
mental health and substance use disorder treatment providers; or
 new text end

new text begin (3) has the capacity and experience to provide training for mental health and substance
use disorder treatment providers on cultural competency and cultural humility.
 new text end

new text begin Subd. 2. new text end

new text begin Allowable grant activities. new text end

new text begin (a) The cultural and ethnic minority infrastructure
grant program grantees must engage in activities and provide supportive services to ensure
and increase equitable access to culturally specific and responsive care and to build
organizational and professional capacity for licensure and certification for the communities
served. Allowable grant activities include but are not limited to:
 new text end

new text begin (1) workforce development activities focused on recruiting, supporting, training, and
supervision activities for mental health and substance use disorder practitioners and
professionals from diverse racial, cultural, and ethnic communities;
 new text end

new text begin (2) supporting members of culturally diverse and ethnic minority communities to qualify
as mental health and substance use disorder professionals, practitioners, clinical supervisors,
recovery peer specialists, mental health certified peer specialists, and mental health certified
family peer specialists;
 new text end

new text begin (3) culturally specific outreach, early intervention, trauma-informed services, and recovery
support in mental health and substance use disorder services;
 new text end

new text begin (4) provision of trauma-informed, culturally responsive mental health and substance use
disorder supports and services for children and families, youth, or adults who are from
cultural and ethnic minority backgrounds and are uninsured or underinsured;
 new text end

new text begin (5) mental health and substance use disorder service expansion and infrastructure
improvement activities, particularly in greater Minnesota;
 new text end

new text begin (6) training for mental health and substance use disorder treatment providers on cultural
competency and cultural humility; and
 new text end

new text begin (7) activities to increase the availability of culturally responsive mental health and
substance use disorder services for children and families, youth, or adults or to increase the
availability of substance use disorder services for individuals from cultural and ethnic
minorities in the state.
 new text end

new text begin (b) The commissioner must assist grantees with meeting third-party credentialing
requirements, and grantees must obtain all available third-party reimbursement sources as
a condition of receiving grant funds. Grantees must serve individuals from cultural and
ethnic minority communities regardless of health coverage status or ability to pay.
 new text end

new text begin Subd. 3. new text end

new text begin Data collection and outcomes. new text end

new text begin Grantees must provide regular data summaries
to the commissioner for purposes of evaluating the effectiveness of the cultural and ethnic
minority infrastructure grant program. The commissioner must use identified culturally
appropriate outcome measures instruments to evaluate outcomes and must evaluate program
activities by analyzing whether the program:
 new text end

new text begin (1) increased access to culturally specific services for individuals from cultural and
ethnic minority communities across the state;
 new text end

new text begin (2) increased the number of individuals from cultural and ethnic minority communities
served by grantees;
 new text end

new text begin (3) increased cultural responsiveness and cultural competency of mental health and
substance use disorder treatment providers;
 new text end

new text begin (4) increased the number of mental health and substance use disorder treatment providers
and clinical supervisors from cultural and ethnic minority communities;
 new text end

new text begin (5) increased the number of mental health and substance use disorder treatment
organizations owned, managed, or led by individuals who are Black, Indigenous, or people
of color;
 new text end

new text begin (6) reduced health disparities through improved clinical and functional outcomes for
those accessing services; and
 new text end

new text begin (7) led to an overall increase in culturally specific mental health and substance use
disorder service availability.
 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. 17.

new text begin [245.4906] MENTAL HEALTH CERTIFIED PEER SPECIALIST GRANT
PROGRAM.
 new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The mental health certified peer specialist grant program
is established in the Department of Human Services to provide funding for training for
mental health certified peer specialists who provide services to support individuals with
lived experience of mental illness under section 256B.0615. Certified peer specialists provide
services to individuals who are receiving assertive community treatment or intensive
residential treatment services under section 256B.0622, adult rehabilitative mental health
services under section 256B.0623, or crisis response services under section 256B.0624.
Mental health certified peer specialist qualifications are defined in section 245I.04,
subdivision 10, and mental health certified peer specialists' scope of practice is defined in
section 245I.04, subdivision 11.
 new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin Grant funding may be used to provide training for mental health
certified peer specialists as specified in section 256B.0615, subdivision 5.
 new text end

new text begin Subd. 3. new text end

new text begin Outcomes. new text end

new text begin Evaluation includes the extent to which individuals receiving peer
services:
 new text end

new text begin (1) experience progress on achieving treatment goals; and
 new text end

new text begin (2) experience a reduction in hospital admissions.
 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. 18.

new text begin [245.4907] MENTAL HEALTH CERTIFIED FAMILY PEER SPECIALIST
GRANT PROGRAM.
 new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The mental health certified peer family specialist grant
program is established in the Department of Human Services to provide funding for training
for mental health certified peer family specialists who provide services to support individuals
with lived experience of mental illness under section 256B.0616. Certified family peer
specialists provide services to families who have a child with an emotional disturbance or
severe emotional disturbance under chapter 245. Certified family peer specialists provide
services to families whose children are receiving inpatient hospitalization under section
256B.0625, subdivision 1; partial hospitalization under Minnesota Rules, parts 9505.0370,
subpart 24, and 9505.0372, subpart 9; residential treatment under section 245.4882; children's
intensive behavioral health services under section 256B.0946; and day treatment, children's
therapeutic services and supports, or crisis response services under section 256B.0624.
Mental health certified family peer specialist qualifications are defined in section 245I.04,
subdivision 12, and mental health certified family peer specialists' scope of practice is
defined in section 245I.04, subdivision 13.
 new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin Grant funding may be used to provide training for mental health
certified family peer specialists as specified in section 256B.0616, subdivision 5.
 new text end

new text begin Subd. 3. new text end

new text begin Outcomes. new text end

new text begin Evaluation includes the extent to which individuals receiving family
peer services new text end new text begin :
 new text end

new text begin (1) progress on achieving treatment goals; and
 new text end

new text begin (2) experience a reduction in hospital admissions.
 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. 19.

new text begin [245.991] PROJECTS FOR ASSISTANCE IN TRANSITION FROM
HOMELESSNESS PROGRAM.
 new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The projects for assistance in transition from homelessness
program is established in the Department of Human Services to prevent or end homelessness
for people with serious mental illness or co-occurring substance use disorder and ensure
the commissioner may achieve the goals of the housing mission statement in section 245.461,
subdivision 4.
 new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin All projects for assistance in transition from homelessness must
provide homeless outreach and case management services. Projects may provide clinical
assessment, habilitation and rehabilitation services, community mental health services,
substance use disorder treatment, housing transition and sustaining services, direct assistance
funding, and other activities as determined by the commissioner.
 new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin Program activities must be provided to people with serious mental
illness, or with co-occurring substance use disorder, who meet homeless criteria determined
by the commissioner. People receiving homeless outreach may be presumed eligible until
serious mental illness can be verified.
 new text end

new text begin Subd. 4. new text end

new text begin Outcomes. new text end

new text begin Evaluation of each project includes the extent to which:
 new text end

new text begin (1) grantees contact individuals through homeless outreach services;
 new text end

new text begin (2) grantees enroll individuals in case management services;
 new text end

new text begin (3) individuals access behavioral health services; and
 new text end

new text begin (4) individuals transition from homelessness to housing.
 new text end

new text begin Subd. 5. new text end

new text begin Federal aid or grants. new text end

new text begin The commissioner of human services must comply with
all conditions and requirements necessary to receive federal aid or grants with respect to
homeless services or programs as specified in section 245.70.
 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. 20.

new text begin [245.992] HOUSING WITH SUPPORT FOR ADULTS WITH SERIOUS
MENTAL ILLNESS PROGRAM.
 new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The housing with support for adults with serious mental illness
program is established in the Department of Human Services to prevent or end homelessness
for people with serious mental illness, increase the availability of housing with support, and
ensure the commissioner may achieve the goals of the housing mission statement in section
245.461, subdivision 4.
 new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin The housing with support for adults with serious mental illness
program may provide a range of activities and supportive services to assure that people
obtain and retain permanent supportive housing. Program activities may include case
management, site-based housing services, housing transition and sustaining services, outreach
services, community support services, direct assistance funding, and other activities as
determined by the commissioner.
 new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin Program activities must be provided to people with serious mental
illness, or with co-occurring substance use disorder, who meet homeless criteria determined
by the commissioner.
 new text end

new text begin Subd. 4. new text end

new text begin Outcomes. new text end

new text begin Evaluation of program activities must utilize evidence-based
practices and must include the extent to which:
 new text end

new text begin (1) grantees' housing and activities utilize evidence-based practices;
 new text end

new text begin (2) individuals transition from homelessness to housing;
 new text end

new text begin (3) individuals retain housing; and
 new text end

new text begin (4) individuals are satisfied with their housing.
 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. 21.

Minnesota Statutes 2022, 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 family child foster care home or family adult foster care home
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. The commissioner
shall not issue an initial license for a community residential setting licensed under chapter
245D. When approving an exception under this paragraph, the commissioner shall consider
the resource need determination process in paragraph (h), the availability of foster care
licensed beds in the geographic area in which the licensee seeks to operate, the results of a
person's choices during their annual assessment and service plan review, and the
recommendation of the local county board. The determination by the commissioner is final
and not subject to appeal. Exceptions to the moratorium include:

(1) deleted text begin foster care settingsdeleted text end new text begin a license for a person in a foster care setting that is not the primary
residence of the license holder andnew text end where at least 80 percent of the residents are 55 years
of age or older;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);

(3) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,
or regional treatment center; restructuring of state-operated services that limits the capacity
of state-operated facilities; 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 24;

(4) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for persons requiring hospital-level care;
or

(5) new foster care licenses or community residential setting licenses for people receiving
customized living or 24-hour customized living services under the brain injury or community
access for disability inclusion waiver plans under section 256B.49 and residing in the
customized living setting before July 1, 2022, for which a license is required. A customized
living service provider subject to this exception may rebut the presumption that a license
is required by seeking a reconsideration of the commissioner's determination. The
commissioner's disposition of a request for reconsideration is final and not subject to appeal
under chapter 14. The exception is available until June 30, 2023. This exception is available
when:

(i) the person's customized living services are provided in a customized living service
setting serving four or fewer people under the brain injury or community access for disability
inclusion waiver plans under section 256B.49 in a single-family home operational on or
before June 30, 2021. Operational is defined in section 256B.49, subdivision 28;

(ii) the person's case manager provided the person with information about the choice of
service, service provider, and location of service, including in the person's home, to help
the person make an informed choice; and

(iii) the person's services provided in the licensed foster care or community residential
setting are less than or equal to the cost of the person's services delivered in the customized
living setting as determined by the lead agency.

(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings 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) When an adult resident served by the program 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), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.

(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) shall be exempt if the license holder's beds are occupied by
residents whose primary diagnosis is mental illness and the license holder is certified under
the requirements in subdivision 6a or section 245D.33.

(e) A resource need determination process, managed at the state level, using the available
data required by section 144A.351, and other data and information shall be used to determine
where the reduced capacity determined under section 256B.493 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 the informed decisions of those
people who want to move out of corporate foster care or community residential settings,
long-term 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
services and supports reports and statewide data and information.

(f) 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.

(g) License holders of foster care homes identified under paragraph (f) 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 chapter 256S or section 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.

(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493.

(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.

new text begin EFFECTIVE DATE. new text end

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

Sec. 22.

Minnesota Statutes 2022, section 245A.11, subdivision 7, is amended to read:


Subd. 7.

Adult foster carenew text begin and community residential settingsnew text end ; variance for alternate
overnight supervision.

(a) The commissioner may grant a variance under section 245A.04,
subdivision 9, tonew text begin statutes andnew text end rule parts requiring a caregiver to be present in an adult foster
care homenew text begin or a community residential settingnew text end 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) deleted text begin individual servicedeleted text end new text begin supportnew text end 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 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 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 homenew text begin or community residential settingnew text end .

(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.

deleted 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.
 deleted 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. 23.

Minnesota Statutes 2022, 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 new text begin foster
care new text end and adult foster carenew text begin or a community residential settingnew text end , andnew text begin dual licensure ofnew text end 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, before the implementation
of NETStudy 2.0, 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;

(6) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours;

(7) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; and

(8) variances to section 245A.53 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in care.

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) A county agency that has been designated by the commissioner to issue family child
care variances must:

(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and

(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.

(c) Before the implementation of NETStudy 2.0, 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.

(d) For family child care programs, the commissioner shall require a county agency to
conduct one unannounced licensing review at least annually.

(e) 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.

(f) A license issued under this section may be issued for up to two years.

(g) During implementation of chapter 245D, the commissioner shall consider:

(1) the role of counties in quality assurance;

(2) the duties of county licensing staff; and

(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.

Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.

(h) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county and
private agencies.

(i) A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:

(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;

(2) any death, serious injury, or determination of substantiated maltreatment; and

(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

Minnesota Statutes 2022, section 245D.03, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

(a) 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
basic support services and intensive support services.

(b) Basic support services provide the level of assistance, supervision, and care that is
necessary to ensure the health and welfare of the person and do not include services that
are specifically directed toward the training, treatment, habilitation, or rehabilitation of the
person. Basic support services include:

(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 access
for disability inclusion, developmental disabilities, and elderly waiver plans, excluding
out-of-home respite care provided to children in a family child foster care home licensed
under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care license
holder complies with the requirements under section 245D.06, subdivisions 5, 6, 7, and 8,
or successor provisions; and section 245D.061 or successor provisions, which must be
stipulated in the statement of intended use required under Minnesota Rules, part 2960.3000,
subpart 4;

(2) adult companion services as defined under the deleted text begin brain injury, community access for
disability inclusion, community alternative care, anddeleted text end elderly waiver deleted text begin plansdeleted text end new text begin plannew text end , excluding
adult 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 begin (3) personal support as defined under the developmental disabilities waiver plan;
 deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end 24-hour emergency assistance, personal emergency response as defined under
the community access for disability inclusion and developmental disabilities waiver plans;

deleted text begin (5)deleted text end new text begin (4)new text end night supervision services as defined under the brain injury, community access
for disability inclusion, community alternative care, and developmental disabilities waiver
plans;

deleted text begin (6)deleted text end new text begin (5)new text end homemaker services as defined under the community access for disability
inclusion, brain injury, community alternative care, developmental disabilities, and elderly
waiver plans, excluding providers licensed by the Department of Health under chapter 144A
and those providers providing cleaning services only;

deleted text begin (7)deleted text end new text begin (6)new text end individual community living support under section 256S.13; and

deleted text begin (8)deleted text end new text begin (7)new text end individualized home supportsnew text begin without trainingnew text end services as defined under the brain
injury, community alternative care, and community access for disability inclusion, and
developmental disabilities waiver plans.

(c) Intensive support services provide assistance, supervision, and care that is necessary
to ensure the health and welfare of the person and services specifically directed toward the
training, habilitation, or rehabilitation of the person. Intensive support services include:

(1) intervention services, including:

(i) positive support services as defined under the brain injury and community access for
disability inclusion, community alternative care, and developmental disabilities waiver
plans;

(ii) in-home or out-of-home crisis respite services as defined under the brain injury,
community access for disability inclusion, community alternative care, and developmental
disabilities waiver plans; and

(iii) specialist services as defined under the current brain injury, community access for
disability inclusion, community alternative care, and developmental disabilities waiver
plans;

(2) in-home support services, including:

deleted text begin (i) in-home family support and supported living services as defined under the
developmental disabilities waiver plan;
 deleted text end

deleted text begin (ii) independent living services training as defined under the brain injury and community
access for disability inclusion waiver plans;
 deleted text end

deleted text begin (iii)deleted text end new text begin (i)new text end semi-independent living services;

deleted text begin (iv)deleted text end new text begin (ii)new text end individualized home support with training services as defined under the brain
injury, community alternative care, community access for disability inclusion, and
developmental disabilities waiver plans; and

deleted text begin (v)deleted text end new text begin (iii)new text end individualized home support with family training services as defined under the
brain injury, community alternative care, community access for disability inclusion, and
developmental disabilities waiver plans;

(3) residential supports and services, including:

deleted text begin (i) supported living services as defined under the developmental disabilities 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;
 deleted text end

deleted text begin (ii) foster care services as defined in the brain injury, community alternative care, and
community access for disability inclusion waiver plans provided in a family or corporate
child foster care residence, a family adult foster care residence, or a community residential
setting;
 deleted text end

deleted text begin (iii)deleted text end new text begin (i)new text end community residential services as defined under the brain injury, community
alternative care, community access for disability inclusion, and developmental disabilities
waiver plans provided in a corporate child foster care residence, a community residential
setting, or a supervised living facility;

deleted text begin (iv)deleted text end new text begin (ii)new text end family residential services as defined in the brain injury, community alternative
care, community access for disability inclusion, and developmental disabilities waiver plans
provided in a family child foster care residence or a family adult foster care residence; and

deleted text begin (v)deleted text end new text begin (iii)new text end residential services provided to more than four persons with developmental
disabilities in a supervised living facility, including ICFs/DD;

(4) day services, including:

deleted text begin (i) structured day services as defined under the brain injury waiver plan;
 deleted text end

deleted text begin (ii)deleted text end new text begin (i)new text end day services under sections 252.41 to 252.46, and as defined under the brain
injury, community alternative care, community access for disability inclusion, and
developmental disabilities waiver plans;new text begin and
new text end

deleted text begin (iii) day training and habilitation services under sections 252.41 to 252.46, and as defined
under the developmental disabilities waiver plan; and
 deleted text end

deleted text begin (iv)deleted text end new text begin (ii)new text end prevocational services as defined under the brain injury, community alternative
care, community access for disability inclusion, and developmental disabilities waiver plans;
and

(5) employment exploration services as defined under the brain injury, community
alternative care, community access for disability inclusion, and developmental disabilities
waiver plans;

(6) employment development services as defined under the brain injury, community
alternative care, community access for disability inclusion, and developmental disabilities
waiver plans;

(7) employment support services as defined under the brain injury, community alternative
care, community access for disability inclusion, and developmental disabilities waiver plans;
and

(8) integrated community support as defined under the brain injury and community
access for disability inclusion waiver plans beginning January 1, 2021, and community
alternative care and developmental disabilities waiver plans beginning January 1, 2023.

Sec. 25.

Minnesota Statutes 2022, section 245G.07, subdivision 3a, is amended to read:


Subd. 3a.

Use of guest speakers.

(a) The license holder may allow a guest speaker to
present information to clients as part of a treatment service provided by an alcohol and drug
counselor, according to the requirements of this subdivision.

(b) An alcohol and drug counselor must visually observe and listen to the presentation
of information by a guest speaker the entire time the guest speaker presents information to
the clients. The alcohol and drug counselor is responsible for all information the guest
speaker presents to the clients.

(c) The presentation of information by a guest speaker constitutes a direct contact service,
as defined in section 245C.02, subdivision 11.

(d) The license holder must provide the guest speaker with all training required for staff
members. If the guest speaker provides direct contact services one day a month or less, the
license holder must only provide the guest speaker with orientation training on the following
subjects before the guest speaker provides direct contact services:

(1) mandatory reporting of maltreatment, as specified in sections 245A.65, 626.557, and
626.5572 and chapter 260E;

(2) applicable client confidentiality rules and regulations;

(3) ethical standards for client interactions; and

(4) emergency procedures.

new text begin (e) For a treatment service that includes a guest speaker, in addition to the requirements
in section 245G.06, subdivision 2a, the alcohol and drug counselor that provides the service
must also document in the client record the name of the guest speaker, the start and stop
time of the presentation by the guest speaker, and the topic and summary of the guest speaker
presentation.
 new text end

Sec. 26.

Minnesota Statutes 2022, section 246.0135, is amended to read:


246.0135 OPERATION OF REGIONAL TREATMENT CENTERS.

(a) The commissioner of human services is prohibited from closing any regional treatment
center or state-operated nursing home or any program at any of the regional treatment centers
or state-operated nursing homes, without specific legislative authorization. deleted text begin For persons with
developmental disabilities who move from one regional treatment center to another regional
treatment center, the provisions of section 256B.092, subdivision 10, must be followed for
both the discharge from one regional treatment center and admission to another regional
treatment center, except that the move is not subject to the consensus requirement of section
256B.092, subdivision 10, paragraph (b).
deleted text end

(b) Prior to closing or downsizing a regional treatment center, the commissioner of
human services shall be responsible for assuring that community-based alternatives developed
in response are adequate to meet the program needs identified by each county within the
catchment area and do not require additional local county property tax expenditures.

(c) The nonfederal share of the cost of alternative treatment or care developed as the
result of the closure of a regional treatment center, including costs associated with fulfillment
of responsibilities under chapter 253B shall be paid from state funds appropriated for
purposes specified in section 246.013.

(d) The commissioner may not divert state funds used for providing for care or treatment
of persons residing in a regional treatment center for purposes unrelated to the care and
treatment of such persons.

Sec. 27.

Minnesota Statutes 2022, section 254B.05, subdivision 1a, is amended to read:


Subd. 1a.

Room and board provider requirements.

(a) Effective January 1, 2000,
vendors of room and board are eligible for behavioral health fund payment if the vendor:

(1) has rules prohibiting residents bringing chemicals into the facility or using chemicals
while residing in the facility and provide consequences for infractions of those rules;

(2) is determined to meet applicable health and safety requirements;

(3) is not a jail or prison;

(4) is not concurrently receiving funds under chapter 256I for the recipient;

(5) admits individuals who are 18 years of age or older;

(6) is registered as a board and lodging or lodging establishment according to section
157.17;

(7) has awake staff on site deleted text begin 24 hours per daydeleted text end new text begin whenever a client is presentnew text end ;

(8) has staff who are at least 18 years of age and meet the requirements of section
245G.11, subdivision 1, paragraph (b);

(9) has emergency behavioral procedures that meet the requirements of section 245G.16;

(10) meets the requirements of section 245G.08, subdivision 5, if administering
medications to clients;

(11) meets the abuse prevention requirements of section 245A.65, including a policy on
fraternization and the mandatory reporting requirements of section 626.557;

(12) documents coordination with the treatment provider to ensure compliance with
section 254B.03, subdivision 2;

(13) protects client funds and ensures freedom from exploitation by meeting the
provisions of section 245A.04, subdivision 13;

(14) has a grievance procedure that meets the requirements of section 245G.15,
subdivision 2; and

(15) has sleeping and bathroom facilities for men and women separated by a door that
is locked, has an alarm, or is supervised by awake staff.

(b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from
paragraph (a), clauses (5) to (15).

(c) Programs providing children's mental health crisis admissions and stabilization under
section 245.4882, subdivision 6, are eligible vendors of room and board.

(d) Licensed programs providing intensive residential treatment services or residential
crisis stabilization services pursuant to section 256B.0622 or 256B.0624 are eligible vendors
of room and board and are exempt from paragraph (a), clauses (6) to (15).

new text begin (e) A vendor that is not licensed as a residential treatment program must have a policy
to address staffing coverage when a client may unexpectedly need to be present at the room
and board site.
 new text end

Sec. 28.

Minnesota Statutes 2022, section 254B.05, subdivision 5, is amended to read:


Subd. 5.

Rate requirements.

(a) The commissioner shall establish rates for substance
use disorder services and service enhancements funded under this chapter.

(b) Eligible substance use disorder treatment services include:

(1) outpatient treatment services that are licensed according to sections 245G.01 to
245G.17, or applicable tribal license;

(2) comprehensive assessments provided according to sections 245.4863, paragraph (a),
and 245G.05;

(3) care coordination services provided according to section 245G.07, subdivision 1,
paragraph (a), clause (5);

(4) peer recovery support services provided according to section 245G.07, subdivision
2, clause (8);

(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management
services provided according to chapter 245F;

(6) substance use disorder treatment services with medications for opioid use disorder
that are licensed according to sections 245G.01 to 245G.17 and 245G.22, or applicable
tribal license;

(7) substance use disorder treatment with medications for opioid use disorder plus
enhanced treatment services that meet the requirements of clause (6) and provide nine hours
of clinical services each week;

(8) high, medium, and low intensity residential treatment services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which
provide, respectively, 30, 15, and five hours of clinical services each week;

(9) hospital-based treatment services that are licensed according to sections 245G.01 to
245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to
144.56;

(10) adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable tribal license;

(11) high-intensity residential treatment services that are licensed according to sections
245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30 hours of
clinical services each week provided by a state-operated vendor or to clients who have been
civilly committed to the commissioner, present the most complex and difficult care needs,
and are a potential threat to the community; and

(12) room and board facilities that meet the requirements of subdivision 1a.

(c) The commissioner shall establish higher rates for programs that meet the requirements
of paragraph (b) and one of the following additional requirements:

(1) programs that serve parents with their children if the program:

(i) provides on-site child care during the hours of treatment activity that:

(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or

(B) deleted text begin meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph
(a), clause (6), and meets the requirementsdeleted text end new text begin is licensednew text end under deleted text begin sectiondeleted text end new text begin chapter 245A and
sections 245G.01 tonew text end 245G.19deleted text begin , subdivision 4deleted text end ; or

(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:

(A) a child care center under Minnesota Rules, chapter 9503; or

(B) a family child care home under Minnesota Rules, chapter 9502;

(2) culturally specific or culturally responsive programs as defined in section 254B.01,
subdivision 4a;

(3) disability responsive programs as defined in section 254B.01, subdivision 4b;

(4) programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to two hours per client per week if the medical needs of the
client and the nature and provision of any medical services provided are documented in the
client file; or

(5) programs that offer services to individuals with co-occurring mental health and
substance use disorder problems if:

(i) the program meets the co-occurring requirements in section 245G.20;

(ii) 25 percent of the counseling staff are licensed mental health professionals under
section 245I.04, subdivision 2, or are students or licensing candidates under the supervision
of a licensed alcohol and drug counselor supervisor and mental health professional under
section 245I.04, subdivision 2, except that no more than 50 percent of the mental health
staff may be students or licensing candidates with time documented to be directly related
to provisions of co-occurring services;

(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;

(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;

(v) family education is offered that addresses mental health and substance use disorder
and the interaction between the two; and

(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.

(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the substance use disorder facility of the child care provider's current licensure to provide
child care services. deleted text begin Programs that provide child care according to paragraph (c), clause (1),
must be deemed in compliance with the licensing requirements in section 245G.19.
deleted text end

(e) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in paragraph (c), clause (4), items (i) to (iv).

(f) Subject to federal approval, substance use disorder services that are otherwise covered
as direct face-to-face services may be provided via telehealth as defined in section 256B.0625,
subdivision 3b. The use of telehealth to deliver services must be medically appropriate to
the condition and needs of the person being served. Reimbursement shall be at the same
rates and under the same conditions that would otherwise apply to direct face-to-face services.

(g) For the purpose of reimbursement under this section, substance use disorder treatment
services provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one.
At least one of the attending staff must meet the qualifications as established under this
chapter for the type of treatment service provided. A recovery peer may not be included as
part of the staff ratio.

(h) Payment for outpatient substance use disorder services that are licensed according
to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
prior authorization of a greater number of hours is obtained from the commissioner.

Sec. 29.

Minnesota Statutes 2022, section 256.01, is amended by adding a subdivision to
read:


new text begin Subd. 12b. new text end

new text begin Department of Human Services systemic critical incident review team. new text end

new text begin (a)
The commissioner may establish a Department of Human Services systemic critical incident
review team to review critical incidents reported as required under section 626.557 for
which the Department of Human Services is responsible under section 626.5572, subdivision
13; chapter 245D; or Minnesota Rules, chapter 9544. When reviewing a critical incident,
the systemic critical incident review team shall identify systemic influences to the incident
rather than determine the culpability of any actors involved in the incident. The systemic
critical incident review may assess the entire critical incident process from the point of an
entity reporting the critical incident through the ongoing case management process.
Department staff shall lead and conduct the reviews and may utilize county staff as reviewers.
The systemic critical incident review process may include but is not limited to:
 new text end

new text begin (1) data collection about the incident and actors involved. Data may include the relevant
critical services; the service provider's policies and procedures applicable to the incident;
the coordinated service and support plan as defined in section 245D.02, subdivision 4b, for
the person receiving services; or an interview of an actor involved in the critical incident
or the review of the critical incident. Actors may include:
 new text end

new text begin (i) staff of the provider agency;
 new text end

new text begin (ii) lead agency staff administering home and community-based services delivered by
the provider;
 new text end

new text begin (iii) Department of Human Services staff with oversight of home and community-based
services;
 new text end

new text begin (iv) Department of Health staff with oversight of home and community-based services;
 new text end

new text begin (v) members of the community including advocates, legal representatives, health care
providers, pharmacy staff, or others with knowledge of the incident or the actors in the
incident; and
 new text end

new text begin (vi) staff from the Office of the Ombudsman for Mental Health and Developmental
Disabilities;
 new text end

new text begin (2) systemic mapping of the critical incident. The team conducting the systemic mapping
of the incident may include any actors identified in clause (1), designated representatives
of other provider agencies, regional teams, and representatives of the local regional quality
council identified in section 256B.097; and
 new text end

new text begin (3) analysis of the case for systemic influences.
 new text end

new text begin Data collected by the critical incident review team shall be aggregated and provided to
regional teams, participating regional quality councils, and the commissioner. The regional
teams and quality councils shall analyze the data and make recommendations to the
commissioner regarding systemic changes that would decrease the number and severity of
critical incidents in the future or improve the quality of the home and community-based
service system.
 new text end

new text begin (b) Cases selected for the systemic critical incident review process shall be selected by
a selection committee among the following critical incident categories:
 new text end

new text begin (1) cases of caregiver neglect identified in section 626.5572, subdivision 17;
 new text end

new text begin (2) cases involving financial exploitation identified in section 626.5572, subdivision 9;
 new text end

new text begin (3) incidents identified in section 245D.02, subdivision 11;
 new text end

new text begin (4) incidents identified in Minnesota Rules, part 9544.0110; and
 new text end

new text begin (5) service terminations reported to the department in accordance with section 245D.10,
subdivision 3a.
 new text end

new text begin (c) The systemic critical incident review under this section shall not replace the process
for screening or investigating cases of alleged maltreatment of an adult under section 626.557.
The department may select cases for systemic critical incident review, under the jurisdiction
of the commissioner, reported for suspected maltreatment and closed following initial or
final disposition.
 new text end

new text begin (d) The proceedings and records of the review team are confidential data on individuals
or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13. Data that
document a person's opinions formed as a result of the review are not subject to discovery
or introduction into evidence in a civil or criminal action against a professional, the state,
or a county agency arising out of the matters that the team is reviewing. Information,
documents, and records otherwise available from other sources are not immune from
discovery or use in a civil or criminal action solely because the information, documents,
and records were assessed or presented during proceedings of the review team. A person
who presented information before the systemic critical incident review team or who is a
member of the team shall not be prevented from testifying about matters within the person's
knowledge. In a civil or criminal proceeding, a person shall not be questioned about opinions
formed by the person as a result of the review.
 new text end

new text begin (e) By October 1 of each year, the commissioner shall prepare an annual public report
containing the following information:
 new text end

new text begin (1) the number of cases reviewed under each critical incident category identified in
paragraph (b) and a geographical description of where cases under each category originated;
 new text end

new text begin (2) an aggregate summary of the systemic themes from the critical incidents examined
by the critical incident review team during the previous year;
 new text end

new text begin (3) a synopsis of the conclusions, incident analyses, or exploratory activities taken in
regard to the critical incidents examined by the critical incident review team; and
 new text end

new text begin (4) recommendations made to the commissioner regarding systemic changes that could
decrease the number and severity of critical incidents in the future or improve the quality
of the home and community-based service system.
 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. 30.

Minnesota Statutes 2022, section 256.478, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Authorized uses of grant funds. new text end

new text begin Grant funds may be used for but are not
limited to the following:
 new text end

new text begin (1) increasing access to home and community-based services for an individual;
 new text end

new text begin (2) improving caregiver-child relationships and aiding progress toward treatment goals;
and
 new text end

new text begin (3) reducing emergency department visits.
 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. 31.

Minnesota Statutes 2022, section 256.478, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Outcomes. new text end

new text begin Program evaluation is based on but not limited to the following
criteria:
 new text end

new text begin (1) expediting discharges for individuals who no longer need hospital level of care;
 new text end

new text begin (2) individuals obtaining and retaining housing;
 new text end

new text begin (3) individuals maintaining community living by diverting admission to Anoka Metro
Regional Treatment Center and Forensic Mental Health Program;
 new text end

new text begin (4) reducing recidivism rates of individuals returning to state institutions; and
 new text end

new text begin (5) individuals' ability to live in the least restrictive community setting.
 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. 32.

Minnesota Statutes 2022, section 256B.0911, subdivision 23, is amended to read:


Subd. 23.

MnCHOICES reassessments; option for alternative and self-directed
waiver services.

(a) At the time of reassessment, the certified assessor shall assess a person
receiving waiver residential supports and services and currently residing in a setting listed
in clauses (1) to (5) to determine if the person would prefer to be served in a
community-living setting as defined in section deleted text begin 256B.49, subdivision 23deleted text end new text begin 256B.492,
subdivision 1, paragraph (b)new text end , or in a setting not controlled by a provider, or to receive
integrated community supports as described in section 245D.03, subdivision 1, paragraph
(c), clause (8). The certified assessor shall offer the person through a person-centered
planning process the option to receive alternative housing and service options. This paragraph
applies to those currently residing in a:

(1) community residential setting;

(2) licensed adult foster care home that is either not the primary residence of the license
holder or in which the license holder is not the primary caregiver;

(3) family adult foster care residence;

(4) customized living setting; or

(5) supervised living facility.

(b) At the time of reassessment, the certified assessor shall assess each person receiving
waiver day services to determine if that person would prefer to receive employment services
as described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7). The certified
assessor shall describe to the person through a person-centered planning process the option
to receive employment services.

(c) At the time of reassessment, the certified assessor shall assess each person receiving
non-self-directed waiver services to determine if that person would prefer an available
service and setting option that would permit self-directed services and supports. The certified
assessor shall describe to the person through a person-centered planning process the option
to receive self-directed services and supports.

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 federal approval is obtained.
 new text end

Sec. 33.

Minnesota Statutes 2022, section 256B.092, subdivision 10, is amended to read:


Subd. 10.

Admission of persons to and discharge of persons from regional treatment
centers.

(a) Prior to the admission of a person to a regional treatment center program for
persons with developmental disabilities, the case manager shall make efforts to secure
community-based alternatives. If these alternatives are rejected by the person, the person's
legal guardian or conservator, or the county agency in favor of a regional treatment center
placement, the case manager shall document the reasons why the alternatives were rejected.

deleted text begin (b) When discharge of a person from a regional treatment center to a community-based
service is proposed, the case manager shall convene the screening team and in addition to
members of the team identified in subdivision 7, the case manager shall invite to the meeting
the person's parents and near relatives, and the ombudsman established under section 245.92
if the person is under public guardianship. The meeting shall be convened at a time and
place that allows for participation of all team members and invited individuals who choose
to attend. The notice of the meeting shall inform the person's parents and near relatives
about the screening team process, and their right to request a review if they object to the
discharge, and shall provide the names and functions of advocacy organizations, and
information relating to assistance available to individuals interested in establishing private
guardianships under the provisions of section 252A.03. The screening team meeting shall
be conducted according to subdivisions 7 and 8. Discharge of the person shall not go forward
without consensus of the screening team.
 deleted text end

deleted text begin (c) The results of the screening team meeting and individual service plan developed
according to subdivision 1b shall be used by the interdisciplinary team assembled in
accordance with Code of Federal Regulations, title 42, section 483.440, to evaluate and
make recommended modifications to the individual service plan as proposed. The individual
service plan shall specify postplacement monitoring to be done by the case manager according
to section 253B.15, subdivision 1a.
 deleted text end

deleted text begin (d) Notice of the meeting of the interdisciplinary team assembled in accordance with
Code of Federal Regulations, title 42, section 483.440, shall be sent to all team members
15 days prior to the meeting, along with a copy of the proposed individual service plan. The
case manager shall request that proposed providers visit the person and observe the person's
program at the regional treatment center prior to the discharge. Whenever possible,
preplacement visits by the person to proposed service sites should also be scheduled in
advance of the meeting. Members of the interdisciplinary team assembled for the purpose
of discharge planning shall include but not be limited to the case manager, the person, the
person's legal guardian or conservator, parents and near relatives, the person's advocate,
representatives of proposed community service providers, representatives of the regional
treatment center residential and training and habilitation services, a registered nurse if the
person has overriding medical needs that impact the delivery of services, and a qualified
developmental disability professional specializing in behavior management if the person
to be discharged has behaviors that may result in injury to self or others. The case manager
may also invite other service providers who have expertise in an area related to specific
service needs of the person to be discharged.
 deleted text end

deleted text begin (e) The interdisciplinary team shall review the proposed plan to assure that it identifies
service needs, availability of services, including support services, and the proposed providers'
abilities to meet the service needs identified in the person's individual service plan. The
interdisciplinary team shall review the most recent licensing reports of the proposed providers
and corrective action taken by the proposed provider, if required. The interdisciplinary team
shall review the current individual program plans for the person and agree to an interim
individual program plan to be followed for the first 30 days in the person's new living
arrangement. The interdisciplinary team may suggest revisions to the service plan, and all
team suggestions shall be documented. If the person is to be discharged to a community
intermediate care facility for persons with developmental disabilities, the team shall give
preference to facilities with a licensed capacity of 15 or fewer beds. Thirty days prior to the
date of discharge, the case manager shall send a final copy of the service plan to all invited
members of the team, the ombudsman, if the person is under public guardianship, and the
advocacy system established under United States Code, title 42, section 6042.
 deleted text end

new text begin (b) Assessment and support planning must be completed in accordance with requirements
identified in section 256B.0911.
 new text end

deleted text begin (f)deleted text end new text begin (c)new text end No discharge shall take place until disputes are resolved under section 256.045,
subdivision 4a, or until a review by the commissioner is completed upon request of the chief
executive officer or program director of the regional treatment center, or the county agency.
For persons under public guardianship, the ombudsman may request a review or hearing
under section 256.045. deleted text begin Notification schedules required under this subdivision may be waived
by members of the team when judged urgent and with agreement of the parents or near
relatives participating as members of the interdisciplinary team.
deleted text end

Sec. 34.

Minnesota Statutes 2022, section 256B.439, subdivision 3c, is amended to read:


Subd. 3c.

Contact new text begin and demographic new text end information for consumer surveys for home
and community-based services.

For purposes of conducting the consumer surveys under
subdivision 3a, the commissioner may request contact information of clients and associated
key representativesnew text begin and aggregate, de-identified demographic information of clients served
by the provider. The commissioner may request the following demographic information:
(1) age; (2) race; (3) ethnicity; and (4) gender identitynew text end . Providers must furnish the contact
new text begin and demographic new text end information available to the provider and must provide notice to clients
and associated key representatives that their contact information new text begin and aggregate demographic
information new text end has been provided to the commissioner.

Sec. 35.

Minnesota Statutes 2022, section 256B.439, subdivision 3d, is amended to read:


Subd. 3d.

Resident experience survey and family survey for assisted living
facilities.

The commissioner shall develop and administer a resident experience survey for
assisted living facility residents and a family survey for families of assisted living facility
residents. Money appropriated to the commissioner to administer the resident experience
survey and family survey is available in either fiscal year of the biennium in which it is
appropriated.new text begin Assisted living facilities licensed under chapter 144G must participate in the
surveys when the commissioner requests their participation.
new text end

Sec. 36.

Minnesota Statutes 2022, section 256B.492, is amended to read:


256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE WITH
DISABILITIES.

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 following terms have
the meanings given.
 new text end

new text begin (b) "Community-living setting" means a single-family home or multifamily dwelling
unit where a service recipient or a service recipient's family owns or rents and maintains
control over the individual unit as demonstrated by a lease agreement. Community-living
setting does not include a home or dwelling unit that the service provider owns, operates,
or leases or in which the service provider has a direct or indirect financial interest.
 new text end

new text begin (c) "Controlling individual" has the meaning given in section 245A.02, subdivision 5a.
 new text end

new text begin (d) "License holder" has the meaning given in section 245A.02, subdivision 9.
 new text end

new text begin Subd. 2. new text end

new text begin Home and community-based waiver settings. new text end

(a) Individuals receiving services
under a home and community-based waiver under section 256B.092 or 256B.49 may receive
services in the following settings:

(1) home and community-based settings that comply with all requirements identified by
the federal Centers for Medicare and Medicaid Services in the Code of Federal Regulations,
title 42, section 441.301(c), and with the requirements of the federally approved transition
plan and waiver plans for each home and community-based services waiver; and

(2) settings required by the Housing Opportunities for Persons with AIDS Program.

(b) The settings in paragraph (a) must not have the qualities of an institution which
include, but are not limited to: regimented meal and sleep times, limitations on visitors, and
lack of privacy. Restrictions agreed to and documented in the person's individual service
plan shall not result in a residence having the qualities of an institution as long as the
restrictions for the person are not imposed upon others in the same residence and are the
least restrictive alternative, imposed for the shortest possible time to meet the person's needs.

new text begin Subd. 3. new text end

new text begin Community-living settings. new text end

new text begin (a) Individuals receiving services under a home
and community-based waiver under section 256B.092 or 256B.49 may receive services in
community-living settings. Community-living settings must meet the requirements of
subdivision 2, paragraph (a), clause (1).
 new text end

new text begin (b) For the purposes of this section, direct financial interest exists if payment passes
between the license holder or any controlling individual of a licensed program and the
service recipient or an entity acting on the service recipient's behalf for the purpose of
obtaining or maintaining a dwelling. For the purposes of this section, indirect financial
interest exists if the license holder or any controlling individual of a licensed program has
an ownership or investment interest in the entity that owns, operates, leases, or otherwise
receives payment from the service recipient or an entity acting on the service recipient's
behalf for the purpose of obtaining or maintaining a dwelling.
 new text end

new text begin (c) To ensure a service recipient or the service recipient's family maintains control over
the home or dwelling unit, community-living settings are subject to the following
requirements:
 new text end

new text begin (1) service recipients must not be required to receive services or share services;
 new text end

new text begin (2) service recipients must not be required to have a disability or specific diagnosis to
live in the community-living setting;
 new text end

new text begin (3) service recipients may hire service providers of their choice;
 new text end

new text begin (4) service recipients may choose whether to share their household and with whom;
 new text end

new text begin (5) the home or multifamily dwelling unit must include living, sleeping, bathing, and
cooking areas;
 new text end

new text begin (6) service recipients must have lockable access and egress;
 new text end

new text begin (7) service recipients must be free to receive visitors and leave the settings at times and
for durations of their own choosing;
 new text end

new text begin (8) leases must comply with chapter 504B;
 new text end

new text begin (9) landlords must not charge different rents to tenants who are receiving home and
community-based services; and
 new text end

new text begin (10) access to the greater community must be easily facilitated based on the service
recipient's needs and preferences.
 new text end

new text begin (d) Nothing in this section prohibits a service recipient from having another person or
entity not affiliated with the service provider cosign a lease. Nothing in this section prohibits
a service recipient, during any period in which a service provider has cosigned the service
recipient's lease, from modifying services with an existing cosigning service provider and,
subject to the approval of the landlord, maintaining a lease cosigned by the service provider.
Nothing in this section prohibits a service recipient, during any period in which a service
provider has cosigned the service recipient's lease, from terminating services with the
cosigning service provider, receiving services from a new service provider, or, subject to
the approval of the landlord, maintaining a lease cosigned by the new service provider.
 new text end

new text begin (e) A lease cosigned by a service provider meets the requirements of paragraph (b) if
the service recipient and service provider develop and implement a transition plan which
must provide that, within two years of cosigning the initial lease, the service provider shall
transfer the lease to the service recipient and other cosigners, if any.
 new text end

new text begin (f) In the event the landlord has not approved the transfer of the lease within two years
of the service provider cosigning the initial lease, the service provider must submit a
time-limited extension request to the commissioner of human services to continue the
cosigned lease arrangement. The extension request must include:
 new text end

new text begin (1) the reason the landlord denied the transfer;
 new text end

new text begin (2) the plan to overcome the denial to transfer the lease;
 new text end

new text begin (3) the length of time needed to successfully transfer the lease, not to exceed an additional
two years;
 new text end

new text begin (4) a description of how the transition plan was followed, what occurred that led to the
landlord denying the transfer, and what changes in circumstances or condition, if any, the
service recipient experienced; and
 new text end

new text begin (5) a revised transition plan to transfer the cosigned lease between the service provider
and the service recipient to the service recipient.
 new text end

new text begin (g) The commissioner must approve an extension under paragraph (f) within sufficient
time to ensure the continued occupancy by the service recipient.
 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 federal approval is obtained.
 new text end

Sec. 37.

Minnesota Statutes 2022, section 256B.493, subdivision 2a, is amended to read:


Subd. 2a.

Closure process.

(a) The commissioner shall work with stakeholders to
establish a process for the application, review, approval, and implementation of setting
closures. Voluntary proposals from license holders for consolidation and closure of adult
foster care or community residential settings are encouraged. Whether voluntary or
involuntary, all closure plans must include:

(1) a description of the proposed closure plan, identifying the home or homes and
occupied beds;

(2) the proposed timetable for the proposed closure, including the proposed dates for
notification to people living there and the affected lead agencies, commencement of closure,
and completion of closure;

(3) the proposed relocation plan jointly developed by the counties of financial
responsibility, the people living there and their legal representatives, if any, who wish to
continue to receive services from the provider, and the providers for current residents of
any adult foster care home designated for closure; and

(4) documentation from the provider in a format approved by the commissioner that all
the adult foster care homes or community residential settings receiving a planned closure
rate adjustment under the plan have accepted joint and severable for recovery of
overpayments under section 256B.0641, subdivision 2, for the facilities designated for
closure under this plan.

(b) The commissioner shall give first priority to closure plans which:

(1) target counties and geographic areas which have:

(i) need for other types of services;

(ii) need for specialized services;

(iii) higher than average per capita use of licensed corporate foster care or community
residential settings; or

(iv) residents not living in the geographic area of their choice;

(2) demonstrate savings of medical assistance expenditures; and

(3) demonstrate that alternative services are based on the recipient's choice of provider
and are consistent with federal law, state law, and federally approved waiver plans.

The commissioner shall also consider any information provided by people using services,
their legal representatives, family members, or the lead agency on the impact of the planned
closure on people and the services they need.

deleted text begin (c) For each closure plan approved by the commissioner, a contract must be established
between the commissioner, the counties of financial responsibility, and the participating
license holder.
 deleted text end

Sec. 38.

Minnesota Statutes 2022, section 256B.493, subdivision 4, is amended to read:


Subd. 4.

Review and approval process.

(a) To be considered for approval, an application
must include:

(1) a description of the proposed closure plan, which must identify the home or homes
and occupied beds for which a planned closure rate adjustment is requested;

(2) the proposed timetable for any proposed closure, including the proposed dates for
notification to residents and the affected lead agencies, commencement of closure, and
completion of closure;

(3) the proposed relocation plan jointly developed by the counties of financial
responsibility, the residents and their legal representatives, if any, who wish to continue to
receive services from the provider, and the providers for current residents of any adult foster
care home designated for closure; and

(4) documentation in a format approved by the commissioner that all the adult foster
care homes receiving a planned closure rate adjustment under the plan have accepted joint
and several liability for recovery of overpayments under section 256B.0641, subdivision 2,
for the facilities designated for closure under this plan.

(b) In reviewing and approving closure proposals, the commissioner shall give first
priority to proposals that:

(1) target counties and geographic areas which have:

(i) need for other types of services;

(ii) need for specialized services;

(iii) higher than average per capita use of foster care settings where the license holder
does not reside; or

(iv) residents not living in the geographic area of their choice;

(2) demonstrate savings of medical assistance expenditures; and

(3) demonstrate that alternative services are based on the recipient's choice of provider
and are consistent with federal law, state law, and federally approved waiver plans.

The commissioner shall also consider any information provided by service recipients,
their legal representatives, family members, or the lead agency on the impact of the planned
closure on the recipients and the services they need.

(c) The commissioner shall select proposals that best meet the criteria established in this
subdivision for planned closure of adult foster care settings. The commissioner shall notify
license holders of the selections approved by the commissioner.

deleted text begin (d) For each proposal approved by the commissioner, a contract must be established
between the commissioner, the counties of financial responsibility, and the participating
license holder.
 deleted 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. 39.

Minnesota Statutes 2022, section 256S.202, subdivision 1, is amended to read:


Subdivision 1.

Customized living monthly service rate limits.

(a) Except for a
participant assigned to case mix classification L, as described in section 256S.18, subdivision
1, paragraph (b), the customized living monthly service rate limit shall not exceed 50 percent
of the monthly case mix budget cap, deleted text begin less the maintenance needs allowance,deleted text end adjusted at least
annually in the manner described under section 256S.18, subdivisions 5 and 6.

(b) The customized living monthly service rate limit for participants assigned to case
mix classification L must be the monthly service rate limit for participants assigned to case
mix classification A, reduced by 25 percent.

Sec. 40.

Minnesota Statutes 2022, section 524.5-104, is amended to read:


524.5-104 FACILITY OF TRANSFER.

(a) A person who may transfer money or personal property to a minor may do so, as to
an amount or value not exceeding the amount allowable as a tax exclusion gift under section
2503(b) of the Internal Revenue Code or a different amount that is approved by the court,
by transferring it to:

(1) a person who has the care and custody of the minor and with whom the minor resides;

(2) a guardian of the minor;

(3) a custodian under the Uniform Transfers To Minors Act or custodial trustee under
the Uniform Custodial Trust Act;

(4) a financial institution as a deposit in an interest-bearing account or certificate in the
sole name of the minor and giving notice of the deposit to the minor; or

(5) an ABLE account. A guardian only has the authority to establish an ABLE account.
The guardian may not administer the ABLE account in the guardian's capacity as guardian.new text begin
The guardian may appoint or name a person to exercise signature authority over an ABLE
account, including the individual selected by the eligible individual or the eligible individual's
agent under a power of attorney, conservator, spouse, parent, sibling, grandparent, or
representative payee, whether an individual or organization, appointed by the Social Security
Administration, in that order.
new text end

(b) This section does not apply if the person making payment or delivery knows that a
conservator has been appointed or that a proceeding for appointment of a conservator of
the minor is pending.

(c) A person who transfers money or property in compliance with this section is not
responsible for its proper application.

(d) A guardian or other person who receives money or property for a minor under
paragraph (a), clause (1) or (2), may only apply it to the support, care, education, health,
and welfare of the minor, and may not derive a personal financial benefit except for
reimbursement for necessary expenses. Any excess must be preserved for the future support,
care, education, health, and welfare of the minor and any balance must be transferred to the
minor upon emancipation or attaining majority.

new text begin EFFECTIVE DATE. new text end

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

Sec. 41.

Minnesota Statutes 2022, section 524.5-313, is amended to read:


524.5-313 POWERS AND DUTIES OF GUARDIAN.

(a) A guardian shall be subject to the control and direction of the court at all times and
in all things.

(b) The court shall grant to a guardian only those powers necessary to provide for the
demonstrated needs of the person subject to guardianship.

(c) The court may appoint a guardian if it determines that all the powers and duties listed
in this section are needed to provide for the needs of the incapacitated person. The court
may also appoint a guardian if it determines that a guardian is needed to provide for the
needs of the incapacitated person through the exercise of some, but not all, of the powers
and duties listed in this section. The duties and powers of a guardian or those which the
court may grant to a guardian include, but are not limited to:

(1) the power to have custody of the person subject to guardianship and the power to
establish a place of abode within or outside the state, except as otherwise provided in this
clause. The person subject to guardianship or any interested person may petition the court
to prevent or to initiate a change in abode. A person subject to guardianship may not be
admitted to a regional treatment center by the guardian except:

(i) after a hearing under chapter 253B;

(ii) for outpatient services; or

(iii) for the purpose of receiving temporary care for a specific period of time not to
exceed 90 days in any calendar year;

(2) the duty to provide for the care, comfort, and maintenance needs of the person subject
to guardianship, including food, clothing, shelter, health care, social and recreational
requirements, and, whenever appropriate, training, education, and habilitation or
rehabilitation. The guardian has no duty to pay for these requirements out of personal funds.
Whenever possible and appropriate, the guardian should meet these requirements through
governmental benefits or services to which the person subject to guardianship is entitled,
rather than from the estate of the person subject to guardianship. Failure to satisfy the needs
and requirements of this clause shall be grounds for removal of a private guardian, but the
guardian shall have no personal or monetary liability;

(3) the duty to take reasonable care of the clothing, furniture, vehicles, and other personal
effects of the person subject to guardianship, and, if other property requires protection, the
power to seek appointment of a conservator of the estate. The guardian must give notice by
mail to interested persons prior to the disposition of the clothing, furniture, vehicles, or
other personal effects of the person subject to guardianship. The notice must inform the
person of the right to object to the disposition of the property within ten days of the date of
mailing and to petition the court for a review of the guardian's proposed actions. Notice of
the objection must be served by mail or personal service on the guardian and the person
subject to guardianship unless the person subject to guardianship is the objector. The guardian
served with notice of an objection to the disposition of the property may not dispose of the
property unless the court approves the disposition after a hearing;

(4)(i) the power to give any necessary consent to enable the person subject to guardianship
to receive necessary medical or other professional care, counsel, treatment, or service, except
that no guardian may give consent for psychosurgery, electroshock, sterilization, or
experimental treatment of any kind unless the procedure is first approved by order of the
court as provided in this clause. The guardian shall not consent to any medical care for the
person subject to guardianship which violates the known conscientious, religious, or moral
belief of the person subject to guardianship;

(ii) a guardian who believes a procedure described in item (i) requiring prior court
approval to be necessary for the proper care of the person subject to guardianship, shall
petition the court for an order and, in the case of a public guardianship under chapter 252A,
obtain the written recommendation of the commissioner of human services. The court shall
fix the time and place for the hearing and shall give notice to the person subject to
guardianship in such manner as specified in section 524.5-308 and to interested persons.
The court shall appoint an attorney to represent the person subject to guardianship who is
not represented by counsel, provided that such appointment shall expire upon the expiration
of the appeal time for the order issued by the court under this section or the order dismissing
a petition, or upon such other time or event as the court may direct. In every case the court
shall determine if the procedure is in the best interest of the person subject to guardianship.
In making its determination, the court shall consider a written medical report which
specifically considers the medical risks of the procedure, whether alternative, less restrictive
methods of treatment could be used to protect the best interest of the person subject to
guardianship, and any recommendation of the commissioner of human services for a public
person subject to guardianship. The standard of proof is that of clear and convincing evidence;

(iii) in the case of a petition for sterilization of a person with developmental disabilities
subject to guardianship, the court shall appoint a licensed physician, a psychologist who is
qualified in the diagnosis and treatment of developmental disability, and a social worker
who is familiar with the social history and adjustment of the person subject to guardianship
or the case manager for the person subject to guardianship to examine or evaluate the person
subject to guardianship and to provide written reports to the court. The reports shall indicate
why sterilization is being proposed, whether sterilization is necessary and is the least intrusive
method for alleviating the problem presented, and whether it is in the best interest of the
person subject to guardianship. The medical report shall specifically consider the medical
risks of sterilization, the consequences of not performing the sterilization, and whether
alternative methods of contraception could be used to protect the best interest of the person
subject to guardianship;

(iv) any person subject to guardianship whose right to consent to a sterilization has not
been restricted under this section or section 252A.101 may be sterilized only if the person
subject to guardianship consents in writing or there is a sworn acknowledgment by an
interested person of a nonwritten consent by the person subject to guardianship. The consent
must certify that the person subject to guardianship has received a full explanation from a
physician or registered nurse of the nature and irreversible consequences of the sterilization;

(v) a guardian or the public guardian's designee who acts within the scope of authority
conferred by letters of guardianship under section 252A.101, subdivision 7, and according
to the standards established in this chapter or in chapter 252A shall not be civilly or criminally
liable for the provision of any necessary medical care, including, but not limited to, the
administration of psychotropic medication or the implementation of aversive and deprivation
procedures to which the guardian or the public guardian's designee has consented;

(5) in the event there is no duly appointed conservator of the estate of the person subject
to guardianship, the guardian shall have the power to approve or withhold approval of any
contract, except for necessities, which the person subject to guardianship may make or wish
to make;

(6) the duty and power to exercise supervisory authority over the person subject to
guardianship in a manner which limits civil rights and restricts personal freedom only to
the extent necessary to provide needed care and services. A guardian may not restrict the
ability of the person subject to guardianship to communicate, visit, or interact with others,
including receiving visitors or making or receiving telephone calls, personal mail, or
electronic communications including through social media, or participating in social activities,
unless the guardian has good cause to believe restriction is necessary because interaction
with the person poses a risk of significant physical, psychological, or financial harm to the
person subject to guardianship, and there is no other means to avoid such significant harm.
In all cases, the guardian shall provide written notice of the restrictions imposed to the court,
to the person subject to guardianship, and to the person subject to restrictions. The person
subject to guardianship or the person subject to restrictions may petition the court to remove
or modify the restrictions;

(7) if there is no acting conservator of the estate for the person subject to guardianship,
the guardian has the power to apply on behalf of the person subject to guardianship for any
assistance, services, or benefits available to the person subject to guardianship through any
unit of government;

(8) unless otherwise ordered by the court, the person subject to guardianship retains the
right to vote;

(9) the power to establish an ABLE account for a person subject to guardianship or
conservatorship. By this provision a guardian only has the authority to establish an ABLE
account, but may not administer the ABLE account in the guardian's capacity as guardiannew text begin .
The guardian may appoint or name a person to exercise signature authority over an ABLE
account, including the individual selected by the eligible individual or the eligible individual's
agent under a power of attorney; conservator; spouse; parent; sibling; grandparent; or
representative payee, whether an individual or organization, appointed by the SSA, in that
ordernew text end ; and

(10) if there is no conservator appointed for the person subject to guardianship, the
guardian has the duty and power to institute suit on behalf of the person subject to
guardianship and represent the person subject to guardianship in expungement proceedings,
harassment proceedings, and all civil court proceedings, including but not limited to
restraining orders, orders for protection, name changes, conciliation court, housing court,
family court, probate court, and juvenile court, provided that a guardian may not settle or
compromise any claim or debt owed to the estate without court approval.

new text begin EFFECTIVE DATE. new text end

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

Sec. 42.

Laws 2021, First Special Session chapter 7, article 17, section 20, is amended to
read:


Sec. 20. HCBS WORKFORCE DEVELOPMENT GRANT.

(a) This act includes $0 in fiscal year 2022 and $5,588,000 in fiscal year 2023 to address
challenges related to attracting and maintaining direct care workers who provide home and
community-based services for people with disabilities and older adults. The general fund
base included in this act for this purpose is $5,588,000 in fiscal year 2024 and $0 in fiscal
year 2025.

(b) At least 90 percent of funding for this provision must be directed to workers who
earn deleted text begin 200deleted text end new text begin 300new text end percent or less of the most current federal poverty level issued by the United
States Department of Health and Human Services.

(c) The commissioner must consult with stakeholders to finalize a report detailing the
final plan for use of the funds. The commissioner must publish the report by March 1, 2022,
and notify the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services policy and finance.

new text begin (d) For the purposes of this section, "subtraction" has the meaning given in Minnesota
Statutes, section 290.0132, subdivision 1, and the rules in that subdivision apply for this
section. The definitions in Minnesota Statutes, section 290.01, apply to this section.
 new text end

new text begin (e) The amount of workforce development grant money received under this section is a
subtraction.
 new text end

new text begin (f) Workforce development grant money under this section is excluded from income as
defined in Minnesota Statutes, sections 290.0674, subdivision 2a, and 290A.03, subdivision
3.
 new text end

new text begin (g) Notwithstanding any law to the contrary, payments under this section must not be
considered income, assets, or personal property for purposes of determining eligibility or
recertifying eligibility for:
 new text end

new text begin (1) child care assistance programs under Minnesota Statutes, chapter 119B;
 new text end

new text begin (2) general assistance, Minnesota supplemental aid, and food support under Minnesota
Statutes, chapter 256D;
 new text end

new text begin (3) housing support under Minnesota Statutes, chapter 256I;
 new text end

new text begin (4) Minnesota family investment program and diversionary work program under
Minnesota Statutes, chapter 256J; and
 new text end

new text begin (5) economic assistance programs under Minnesota Statutes, chapter 256P.
 new text end

new text begin (h) The commissioner of human services must not consider frontline worker payments
under this section as income or assets under Minnesota Statutes, section 256B.056,
subdivision 1a, paragraph (a); 3; or 3c, or for persons with eligibility determined under
Minnesota Statutes, section 256B.057, subdivision 3, 3a, or 3b.
 new text end

Sec. 43. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 245D.03, and correct
all cross-references.
 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. 44. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Minnesota Statutes 2022, section 256B.49, subdivision 23, new text end new text begin is repealed.
 new text end

new text begin Subd. 2. new text end

new text begin Minnesota Statutes 2022, sections 254B.13, subdivisions 1, 2, 2a, 4, 5, 6, 7,
and 8; and 254B.16, new text end new text begin are repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin The repeal of the section in subdivision 1 is effective the day
following final enactment, and the repeal of the sections in subdivision 2 is effective upon
federal approval. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
 new text end

ARTICLE 2

SUBSTANCE USE DISORDER DIRECT ACCESS

Section 1.

Minnesota Statutes 2022, section 62N.25, subdivision 5, is amended to read:


Subd. 5.

Benefits.

Community integrated service networks must offer the health
maintenance organization benefit set, as defined in chapter 62D, and other laws applicable
to entities regulated under chapter 62D. Community networks and chemical dependency
facilities under contract with a community network shall use the assessment criteria in
deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end new text begin section 245G.05new text end when assessing enrollees
for chemical dependency treatment.

Sec. 2.

Minnesota Statutes 2022, section 62Q.1055, is amended to read:


62Q.1055 CHEMICAL DEPENDENCY.

All health plan companies shall use the assessment criteria in deleted text begin Minnesota Rules, parts
9530.6600 to 9530.6655,deleted text end new text begin section 245G.05new text end when assessing and deleted text begin placingdeleted text end new text begin treating new text end enrollees
for chemical dependency treatment.

Sec. 3.

Minnesota Statutes 2022, section 62Q.47, is amended to read:


62Q.47 ALCOHOLISM, MENTAL HEALTH, AND CHEMICAL DEPENDENCY
SERVICES.

(a) All health plans, as defined in section 62Q.01, that provide coverage for alcoholism,
mental health, or chemical dependency services, must comply with the requirements of this
section.

(b) Cost-sharing requirements and benefit or service limitations for outpatient mental
health and outpatient chemical dependency and alcoholism services, except for persons
deleted text begin placed indeleted text end new text begin seeking new text end chemical dependency services under deleted text begin Minnesota Rules, parts 9530.6600
to 9530.6655deleted text end new text begin section 245G.05new text end , must not place a greater financial burden on the insured or
enrollee, or be more restrictive than those requirements and limitations for outpatient medical
services.

(c) Cost-sharing requirements and benefit or service limitations for inpatient hospital
mental health and inpatient hospital and residential chemical dependency and alcoholism
services, except for persons deleted text begin placed indeleted text end new text begin seekingnew text end chemical dependency services under deleted text begin Minnesota
Rules, parts 9530.6600 to 9530.6655deleted text end new text begin section 245G.05new text end , must not place a greater financial
burden on the insured or enrollee, or be more restrictive than those requirements and
limitations for inpatient hospital medical services.

(d) A health plan company must not impose an NQTL with respect to mental health and
substance use disorders in any classification of benefits unless, under the terms of the health
plan as written and in operation, any processes, strategies, evidentiary standards, or other
factors used in applying the NQTL to mental health and substance use disorders in the
classification are comparable to, and are applied no more stringently than, the processes,
strategies, evidentiary standards, or other factors used in applying the NQTL with respect
to medical and surgical benefits in the same classification.

(e) All health plans must meet the requirements of the federal Mental Health Parity Act
of 1996, Public Law 104-204; Paul Wellstone and Pete Domenici Mental Health Parity and
Addiction Equity Act of 2008; the Affordable Care Act; and any amendments to, and federal
guidance or regulations issued under, those acts.

(f) The commissioner may require information from health plan companies to confirm
that mental health parity is being implemented by the health plan company. Information
required may include comparisons between mental health and substance use disorder
treatment and other medical conditions, including a comparison of prior authorization
requirements, drug formulary design, claim denials, rehabilitation services, and other
information the commissioner deems appropriate.

(g) Regardless of the health care provider's professional license, if the service provided
is consistent with the provider's scope of practice and the health plan company's credentialing
and contracting provisions, mental health therapy visits and medication maintenance visits
shall be considered primary care visits for the purpose of applying any enrollee cost-sharing
requirements imposed under the enrollee's health plan.

(h) By June 1 of each year, beginning June 1, 2021, the commissioner of commerce, in
consultation with the commissioner of health, shall submit a report on compliance and
oversight to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and commerce. The report must:

(1) describe the commissioner's process for reviewing health plan company compliance
with United States Code, title 42, section 18031(j), any federal regulations or guidance
relating to compliance and oversight, and compliance with this section and section 62Q.53;

(2) identify any enforcement actions taken by either commissioner during the preceding
12-month period regarding compliance with parity for mental health and substance use
disorders benefits under state and federal law, summarizing the results of any market conduct
examinations. The summary must include: (i) the number of formal enforcement actions
taken; (ii) the benefit classifications examined in each enforcement action; and (iii) the
subject matter of each enforcement action, including quantitative and nonquantitative
treatment limitations;

(3) detail any corrective action taken by either commissioner to ensure health plan
company compliance with this section, section 62Q.53, and United States Code, title 42,
section 18031(j); and

(4) describe the information provided by either commissioner to the public about
alcoholism, mental health, or chemical dependency parity protections under state and federal
law.

The report must be written in nontechnical, readily understandable language and must be
made available to the public by, among other means as the commissioners find appropriate,
posting the report on department websites. Individually identifiable information must be
excluded from the report, consistent with state and federal privacy protections.

Sec. 4.

Minnesota Statutes 2022, section 169A.70, subdivision 3, is amended to read:


Subd. 3.

Assessment report.

(a) The assessment report must be on a form prescribed
by the commissioner and shall contain an evaluation of the convicted defendant concerning
the defendant's prior traffic and criminal record, characteristics and history of alcohol and
chemical use problems, and amenability to rehabilitation through the alcohol safety program.
The report is classified as private data on individuals as defined in section 13.02, subdivision
12.

(b) The assessment report must include:

(1) a diagnosis of the nature of the offender's chemical and alcohol involvement;

(2) an assessment of the severity level of the involvement;

(3) a recommended level of care for the offender in accordance with the criteria contained
in deleted text begin rules adopted by the commissioner of human services under section 254A.03, subdivision
3 (substance use disorder treatment rules)deleted text end new text begin section 245G.05new text end ;

(4) an assessment of the offender's placement needs;

(5) recommendations for other appropriate remedial action or care, including aftercare
services in section 254B.01, subdivision 3, that may consist of educational programs,
one-on-one counseling, a program or type of treatment that addresses mental health concerns,
or a combination of them; and

(6) a specific explanation why no level of care or action was recommended, if applicable.

Sec. 5.

Minnesota Statutes 2022, section 169A.70, subdivision 4, is amended to read:


Subd. 4.

Assessor standards; rules; assessment time limits.

A chemical use assessment
required by this section must be conducted by an assessor appointed by the court. The
assessor must meet the training and qualification requirements of deleted text begin rules adopted by the
commissioner of human services under section 254A.03, subdivision 3 (substance use
disorder treatment rules)deleted text end new text begin section 245G.11, subdivisions 1 and 5new text end . Notwithstanding section
13.82 (law enforcement data), the assessor shall have access to any police reports, laboratory
test results, and other law enforcement data relating to the current offense or previous
offenses that are necessary to complete the evaluation. deleted text begin An assessor providing an assessment
under this section may not have any direct or shared financial interest or referral relationship
resulting in shared financial gain with a treatment provider, except as authorized under
section 254A.19, subdivision 3. If an independent assessor is not available, the court may
use the services of an assessor authorized to perform assessments for the county social
services agency under a variance granted under rules adopted by the commissioner of human
services under section 254A.03, subdivision 3.deleted text end An appointment for the defendant to undergo
the assessment must be made by the court, a court services probation officer, or the court
administrator as soon as possible but in no case more than one week after the defendant's
court appearance. The assessment must be completed no later than three weeks after the
defendant's court appearance. If the assessment is not performed within this time limit, the
county where the defendant is to be sentenced shall perform the assessment. The county of
financial responsibility must be determined under chapter 256G.

Sec. 6.

Minnesota Statutes 2022, section 245A.043, subdivision 3, is amended to read:


Subd. 3.

Change of ownership process.

(a) When a change in ownership is proposed
and the party intends to assume operation without an interruption in service longer than 60
days after acquiring the program or service, the license holder must provide the commissioner
with written notice of the proposed change on a form provided by the commissioner at least
60 days before the anticipated date of the change in ownership. For purposes of this
subdivision and subdivision 4, "party" means the party that intends to operate the service
or program.

(b) The party must submit a license application under this chapter on the form and in
the manner prescribed by the commissioner at least 30 days before the change in ownership
is complete, and must include documentation to support the upcoming change. The party
must comply with background study requirements under chapter 245C and shall pay the
application fee required under section 245A.10. A party that intends to assume operation
without an interruption in service longer than 60 days after acquiring the program or service
is exempt from the requirements of sections 245G.03, subdivision 2, paragraph (b), and
254B.03, subdivision 2, paragraphs new text begin (c) and new text end (d) deleted text begin and (e)deleted text end .

(c) The commissioner may streamline application procedures when the party is an existing
license holder under this chapter and is acquiring a program licensed under this chapter or
service in the same service class as one or more licensed programs or services the party
operates and those licenses are in substantial compliance. For purposes of this subdivision,
"substantial compliance" means within the previous 12 months the commissioner did not
(1) issue a sanction under section 245A.07 against a license held by the party, or (2) make
a license held by the party conditional according to section 245A.06.

(d) Except when a temporary change in ownership license is issued pursuant to
subdivision 4, the existing license holder is solely responsible for operating the program
according to applicable laws and rules until a license under this chapter is issued to the
party.

(e) If a licensing inspection of the program or service was conducted within the previous
12 months and the existing license holder's license record demonstrates substantial
compliance with the applicable licensing requirements, the commissioner may waive the
party's inspection required by section 245A.04, subdivision 4. The party must submit to the
commissioner (1) proof that the premises was inspected by a fire marshal or that the fire
marshal deemed that an inspection was not warranted, and (2) proof that the premises was
inspected for compliance with the building code or that no inspection was deemed warranted.

(f) If the party is seeking a license for a program or service that has an outstanding action
under section 245A.06 or 245A.07, the party must submit a letter as part of the application
process identifying how the party has or will come into full compliance with the licensing
requirements.

(g) The commissioner shall evaluate the party's application according to section 245A.04,
subdivision 6. If the commissioner determines that the party has remedied or demonstrates
the ability to remedy the outstanding actions under section 245A.06 or 245A.07 and has
determined that the program otherwise complies with all applicable laws and rules, the
commissioner shall issue a license or conditional license under this chapter. The conditional
license remains in effect until the commissioner determines that the grounds for the action
are corrected or no longer exist.

(h) The commissioner may deny an application as provided in section 245A.05. An
applicant whose application was denied by the commissioner may appeal the denial according
to section 245A.05.

(i) This subdivision does not apply to a licensed program or service located in a home
where the license holder resides.

Sec. 7.

Minnesota Statutes 2022, section 245G.05, subdivision 2, is amended to read:


Subd. 2.

Assessment summary.

(a) An alcohol and drug counselor must complete an
assessment summary within three calendar days from the day of service initiation for a
residential program and within three calendar days on which a treatment session has been
provided from the day of service initiation for a client in a nonresidential program. The
comprehensive assessment summary is complete upon a qualified staff member's dated
signature. If the comprehensive assessment is used to authorize the treatment service, the
alcohol and drug counselor must prepare an assessment summary on the same date the
comprehensive assessment is completed. If the comprehensive assessment and assessment
summary are to authorize treatment services, the assessor must determine appropriatenew text begin level
of care and new text end services for the client using the deleted text begin dimensions in Minnesota Rules, part 9530.6622,deleted text end new text begin
criteria established in section 254B.04, subdivision 4,new text end and document the recommendations.

(b) An assessment summary must include:

(1) a risk description according to section 245G.05 for each dimension listed in paragraph
(c);

(2) a narrative summary supporting the risk descriptions; and

(3) a determination of whether the client has a substance use disorder.

(c) An assessment summary must contain information relevant to treatment service
planning and recorded in the dimensions in clauses (1) to (6). The license holder must
consider:

(1) Dimension 1, acute intoxication/withdrawal potential; the client's ability to cope with
withdrawal symptoms and current state of intoxication;

(2) Dimension 2, biomedical conditions and complications; the degree to which any
physical disorder of the client would interfere with treatment for substance use, and the
client's ability to tolerate any related discomfort. The license holder must determine the
impact of continued substance use on the unborn child, if the client is pregnant;

(3) Dimension 3, emotional, behavioral, and cognitive conditions and complications;
the degree to which any condition or complication is likely to interfere with treatment for
substance use or with functioning in significant life areas and the likelihood of harm to self
or others;

(4) Dimension 4, readiness for change; the support necessary to keep the client involved
in treatment service;

(5) Dimension 5, relapse, continued use, and continued problem potential; the degree
to which the client recognizes relapse issues and has the skills to prevent relapse of either
substance use or mental health problems; and

(6) Dimension 6, recovery environment; whether the areas of the client's life are
supportive of or antagonistic to treatment participation and recovery.

Sec. 8.

Minnesota Statutes 2022, section 245G.22, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) For purposes of this section, the terms defined in this subdivision
have the meanings given them.

(b) "Diversion" means the use of a medication for the treatment of opioid addiction being
diverted from intended use of the medication.

(c) "Guest dose" means administration of a medication used for the treatment of opioid
addiction to a person who is not a client of the program that is administering or dispensing
the medication.

(d) "Medical director" means a practitioner licensed to practice medicine in the
jurisdiction that the opioid treatment program is located who assumes responsibility for
administering all medical services performed by the program, either by performing the
services directly or by delegating specific responsibility to a practitioner of the opioid
treatment program.

(e) "Medication used for the treatment of opioid use disorder" means a medication
approved by the Food and Drug Administration for the treatment of opioid use disorder.

(f) "Minnesota health care programs" has the meaning given in section 256B.0636.

(g) "Opioid treatment program" has the meaning given in Code of Federal Regulations,
title 42, section 8.12, and includes programs licensed under this chapter.

deleted text begin (h) "Placing authority" has the meaning given in Minnesota Rules, part 9530.6605,
subpart 21a.
 deleted text end

deleted text begin (i)deleted text end new text begin (h)new text end "Practitioner" means a staff member holding a current, unrestricted license to
practice medicine issued by the Board of Medical Practice or nursing issued by the Board
of Nursing and is currently registered with the Drug Enforcement Administration to order
or dispense controlled substances in Schedules II to V under the Controlled Substances Act,
United States Code, title 21, part B, section 821. Practitioner includes an advanced practice
registered nurse and physician assistant if the staff member receives a variance by the state
opioid treatment authority under section 254A.03 and the federal Substance Abuse and
Mental Health Services Administration.

deleted text begin (j)deleted text end new text begin (i)new text end "Unsupervised use" means the use of a medication for the treatment of opioid use
disorder dispensed for use by a client outside of the program setting.

Sec. 9.

Minnesota Statutes 2022, section 254A.03, subdivision 3, is amended to read:


Subd. 3.

Rules for substance use disorder care.

(a) deleted text begin The commissioner of human
services shall establish by rule criteria to be used in determining the appropriate level of
substance use disorder care for each recipient of public assistance seeking treatment for
substance misuse or substance use disorder. Upon federal approval of a comprehensive
assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding
the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end An eligible vendor of
comprehensive assessments under section 254B.05 may determine deleted text begin and approvedeleted text end the
appropriate level of substance use disorder treatment for a recipient of public assistance.
The process for determining an individual's financial eligibility for the behavioral health
fund or determining an individual's enrollment in or eligibility for a publicly subsidized
health plan is not affected by the individual's choice to access a comprehensive assessment
for placement.

(b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.

(c) If a screen result is positive for alcohol or substance misuse, a brief screening for
alcohol or substance use disorder that is provided to a recipient of public assistance within
a primary care clinic, hospital, or other medical setting or school setting establishes medical
necessity and approval for an initial set of substance use disorder services identified in
section 254B.05, subdivision 5. The initial set of services approved for a recipient whose
screen result is positive may include any combination of up to four hours of individual or
group substance use disorder treatment, two hours of substance use disorder treatment
coordination, or two hours of substance use disorder peer support services provided by a
qualified individual according to chapter 245G. A recipient must obtain an assessment
pursuant to paragraph (a) to be approved for additional treatment services. deleted text begin Minnesota Rules,
parts 9530.6600 to 9530.6655, anddeleted text end A comprehensive assessment pursuant to section 245G.05
deleted text begin are not applicabledeleted text end new text begin is not requirednew text end tonew text begin receivenew text end the initial set of services allowed under this
subdivision. A positive screen result establishes eligibility for the initial set of services
allowed under this subdivision.

deleted text begin (d) Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655, An individual
may choose to obtain a comprehensive assessment as provided in section 245G.05.
Individuals obtaining a comprehensive assessment may access any enrolled provider that
is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision
3, paragraph (d). If the individual is enrolled in a prepaid health plan, the individual must
deleted text end deleted text begin comply with any provider network requirements or limitations. This paragraph expires July
1, 2022.
 deleted text end

new text begin (d) An individual may choose to obtain a comprehensive assessment as provided in
section 245G.05. Individuals obtaining a comprehensive assessment may access any enrolled
provider that is licensed to provide the level of service authorized pursuant to section
254A.19, subdivision 3. If the individual is enrolled in a prepaid health plan, the individual
must comply with any provider network requirements or limitations.
 new text end

Sec. 10.

Minnesota Statutes 2022, section 254A.19, subdivision 1, is amended to read:


Subdivision 1.

Persons arrested outside of home county.

When a chemical use
assessment is required deleted text begin under Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end for a person
who is arrested and taken into custody by a peace officer outside of the person's county of
residence, the deleted text begin assessment must be completed by the person's county of residence no later
than three weeks after the assessment is initially requested. If the assessment is not performed
within this time limit, the county where the person is to be sentenced shall perform the
assessmentdeleted text end new text begin county where the person is detained must give access to an assessor qualified
under section 254A.19, subdivision 3new text end . The county of financial responsibility is determined
under chapter 256G.

Sec. 11.

Minnesota Statutes 2022, section 254A.19, subdivision 3, is amended to read:


Subd. 3.

deleted text begin Financial conflicts of interest. deleted text end new text begin Comprehensive assessments. new text end

deleted text begin (a) Except as
provided in paragraph (b), (c), or (d), an assessor conducting a chemical use assessment
under Minnesota Rules, parts 9530.6600 to 9530.6655, may not have any direct or shared
financial interest or referral relationship resulting in shared financial gain with a treatment
provider.
 deleted text end

deleted text begin (b) A county may contract with an assessor having a conflict described in paragraph (a)
if the county documents that:
 deleted text end

deleted text begin (1) the assessor is employed by a culturally specific service provider or a service provider
with a program designed to treat individuals of a specific age, sex, or sexual preference;
 deleted text end

deleted text begin (2) the county does not employ a sufficient number of qualified assessors and the only
qualified assessors available in the county have a direct or shared financial interest or a
referral relationship resulting in shared financial gain with a treatment provider; or
 deleted text end

deleted text begin (3) the county social service agency has an existing relationship with an assessor or
service provider and elects to enter into a contract with that assessor to provide both
assessment and treatment under circumstances specified in the county's contract, provided
the county retains responsibility for making placement decisions.
 deleted text end

deleted text begin (c) The county may contract with a hospital to conduct chemical assessments if the
requirements in subdivision 1a are met.
 deleted text end

deleted text begin An assessor under this paragraph may not place clients in treatment. The assessor shall
gather required information and provide it to the county along with any required
documentation. The county shall make all placement decisions for clients assessed by
assessors under this paragraph.
 deleted text end

deleted text begin (d)deleted text end An eligible vendor under section 254B.05 conducting a comprehensive assessment
for an individual seeking treatment shall approve the nature, intensity level, and duration
of treatment service if a need for services is indicated, but the individual assessed can access
any enrolled provider that is licensed to provide the level of service authorized, including
the provider or program that completed the assessment. If an individual is enrolled in a
prepaid health plan, the individual must comply with any provider network requirements
or limitations.

Sec. 12.

Minnesota Statutes 2022, section 254A.19, subdivision 4, is amended to read:


Subd. 4.

Civil commitments.

deleted text begin A Rule 25 assessment, under Minnesota Rules, part
9530.6615,deleted text end new text begin For the purposes of determining level of care, a comprehensive assessmentnew text end does
not need to be completed for an individual being committed as a chemically dependent
person, as defined in section 253B.02, and for the duration of a civil commitment under
section 253B.065, 253B.09, or 253B.095 in order for a county to access the behavioral
health fund under section 254B.04. The county must determine if the individual meets the
financial eligibility requirements for the behavioral health fund under section 254B.04.
deleted text begin Nothing in this subdivision prohibits placement in a treatment facility or treatment program
governed under this chapter or Minnesota Rules, parts 9530.6600 to 9530.6655.
deleted text end

Sec. 13.

Minnesota Statutes 2022, section 254A.19, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Assessments for detoxification programs. new text end

new text begin For detoxification programs licensed
under chapter 245A according to Minnesota Rules, parts 9530.6510 to 9530.6590, a
"chemical use assessment" is a comprehensive assessment and assessment summary
completed according to the requirements of section 245G.05 and a "chemical dependency
assessor" or "assessor" is an individual who meets the qualifications of section 245G.11,
subdivisions 1 and 5.
 new text end

Sec. 14.

Minnesota Statutes 2022, section 254A.19, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Assessments for children's residential facilities. new text end

new text begin For children's residential
facilities licensed under chapter 245A according to Minnesota Rules, parts 2960.0010 to
2960.0220 and 2960.0430 to 2960.0490, a "chemical use assessment" is a comprehensive
assessment and assessment summary completed according to the requirements of section
245G.05 and must be completed by an individual who meets the qualifications of section
245G.11, subdivisions 1 and 5.
 new text end

Sec. 15.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Behavioral health fund. new text end

new text begin "Behavioral health fund" means money allocated
for payment of treatment services under chapter 254B.
 new text end

Sec. 16.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Client. new text end

new text begin "Client" means an individual who has requested substance use disorder
services or for whom substance use disorder services have been requested.
 new text end

Sec. 17.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 2c. new text end

new text begin Co-payment. new text end

new text begin "Co-payment" means:
 new text end

new text begin (1) the amount an insured person is obligated to pay before the person's third-party
payment source is obligated to make a payment; or
 new text end

new text begin (2) the amount an insured person is obligated to pay in addition to the amount the person's
third-party payment source is obligated to pay.
 new text end

Sec. 18.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 4c. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Human Services.
 new text end

Sec. 19.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 4d. new text end

new text begin Drug and Alcohol Abuse Normative Evaluation System or DAANES. new text end

new text begin "Drug
and Alcohol Abuse Normative Evaluation System" or "DAANES" means the reporting
system used to collect all substance use disorder treatment data across all levels of care and
providers.
 new text end

Sec. 20.

Minnesota Statutes 2022, section 254B.01, subdivision 5, is amended to read:


Subd. 5.

Local agency.

"Local agency" means the agency designated by a board of
county commissioners, a local social services agency, or a human services board deleted text begin to make
placements and submit state invoices according to Laws 1986, chapter 394, sections 8 to
20deleted text end new text begin authorized under section 254B.03, subdivision 1, to determine financial eligibility for
the behavioral health fundnew text end .

Sec. 21.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Minor child. new text end

new text begin "Minor child" means an individual under the age of 18 years.
 new text end

Sec. 22.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 6b. new text end

new text begin Policyholder. new text end

new text begin "Policyholder" means a person who has a third-party payment
policy under which a third-party payment source has an obligation to pay all or part of a
client's treatment costs.
 new text end

Sec. 23.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Responsible relative. new text end

new text begin "Responsible relative" means a person who is a member
of the client's household and is the client's spouse or the parent of a minor child who is a
client.
 new text end

Sec. 24.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Third-party payment source new text end

new text begin "Third-party payment source" means a person,
entity, or public or private agency other than medical assistance or general assistance medical
care that has a probable obligation to pay all or part of the costs of a client's substance use
disorder treatment.
 new text end

Sec. 25.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Vendor. new text end

new text begin "Vendor" means a provider of substance use disorder treatment
services that meets the criteria established in section 254B.05, and that has applied to
participate as a provider in the medical assistance program according to Minnesota Rules,
part 9505.0195.
 new text end

Sec. 26.

Minnesota Statutes 2022, section 254B.03, subdivision 1, is amended to read:


Subdivision 1.

Local agency duties.

(a) Every local agency deleted text begin shalldeleted text end new text begin must determine financial
eligibility for substance use disorder services andnew text end provide substance use disorder services
to persons residing within its jurisdiction who meet criteria established by the commissioner
deleted text begin for placement in a substance use disorder residential or nonresidential treatment servicedeleted text end .
Substance use disorder money must be administered by the local agencies according to law
and rules adopted by the commissioner under sections 14.001 to 14.69.

(b) In order to contain costs, the commissioner of human services shall select eligible
vendors of substance use disorder services who can provide economical and appropriate
treatment. Unless the local agency is a social services department directly administered by
a county or human services board, the local agency shall not be an eligible vendor under
section 254B.05. The commissioner may approve proposals from county boards to provide
services in an economical manner or to control utilization, with safeguards to ensure that
necessary services are provided. If a county implements a demonstration or experimental
medical services funding plan, the commissioner shall transfer the money as appropriate.

deleted text begin (c) A culturally specific vendor that provides assessments under a variance under
Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to persons
not covered by the variance.
 deleted text end

deleted text begin (d) Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end new text begin (c)new text end An individual
may choose to obtain a comprehensive assessment as provided in section 245G.05.
Individuals obtaining a comprehensive assessment may access any enrolled provider that
is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision
3deleted text begin , paragraph (d)deleted text end . If the individual is enrolled in a prepaid health plan, the individual must
comply with any provider network requirements or limitations.

deleted text begin (e)deleted text end new text begin (d)new text end Beginning July 1, 2022, local agencies shall not make placement location
determinations.

Sec. 27.

Minnesota Statutes 2022, section 254B.03, subdivision 2, is amended to read:


Subd. 2.

Behavioral health fund payment.

(a) Payment from the behavioral health
fund is limited to payments for services identified in section 254B.05, other than
detoxification licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, and
detoxification provided in another state that would be required to be licensed as a substance
use disorder program if the program were in the state. Out of state vendors must also provide
the commissioner with assurances that the program complies substantially with state licensing
requirements and possesses all licenses and certifications required by the host state to provide
substance use disorder treatment. Vendors receiving payments from the behavioral health
fund must not require co-payment from a recipient of benefits for services provided under
this subdivision. The vendor is prohibited from using the client's public benefits to offset
the cost of services paid under this section. The vendor shall not require the client to use
public benefits for room or board costs. This includes but is not limited to cash assistance
benefits under chapters 119B, 256D, and 256J, or SNAP benefits. Retention of SNAP
benefits is a right of a client receiving services through the behavioral health fund or through
state contracted managed care entities. Payment from the behavioral health fund shall be
made for necessary room and board costs provided by vendors meeting the criteria under
section 254B.05, subdivision 1a, or in a community hospital licensed by the commissioner
of health according to sections 144.50 to 144.56 to a client who is:

(1) determined to meet the criteria for placement in a residential substance use disorder
treatment program according to rules adopted under section 254A.03, subdivision 3; and

(2) concurrently receiving a substance use disorder treatment service in a program
licensed by the commissioner and reimbursed by the behavioral health fund.

deleted text begin (b) A county may, from its own resources, provide substance use disorder services for
which state payments are not made. A county may elect to use the same invoice procedures
and obtain the same state payment services as are used for substance use disorder services
for which state payments are made under this section if county payments are made to the
state in advance of state payments to vendors. When a county uses the state system for
payment, the commissioner shall make monthly billings to the county using the most recent
available information to determine the anticipated services for which payments will be made
in the coming month. Adjustment of any overestimate or underestimate based on actual
expenditures shall be made by the state agency by adjusting the estimate for any succeeding
month.
 deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end The commissioner shall coordinate substance use disorder services and determine
whether there is a need for any proposed expansion of substance use disorder treatment
services. The commissioner shall deny vendor certification to any provider that has not
received prior approval from the commissioner for the creation of new programs or the
expansion of existing program capacity. The commissioner shall consider the provider's
capacity to obtain clients from outside the state based on plans, agreements, and previous
utilization history, when determining the need for new treatment services.

deleted text begin (d)deleted text end new text begin (c)new text end At least 60 days prior to submitting an application for new licensure under chapter
245G, the applicant must notify the county human services director in writing of the
applicant's intent to open a new treatment program. The written notification must include,
at a minimum:

(1) a description of the proposed treatment program; and

(2) a description of the target population to be served by the treatment program.

deleted text begin (e)deleted text end new text begin (d)new text end The county human services director may submit a written statement to the
commissioner, within 60 days of receiving notice from the applicant, regarding the county's
support of or opposition to the opening of the new treatment program. The written statement
must include documentation of the rationale for the county's determination. The commissioner
shall consider the county's written statement when determining whether there is a need for
the treatment program as required by paragraph (c).

Sec. 28.

Minnesota Statutes 2022, section 254B.03, subdivision 5, is amended to read:


Subd. 5.

Rules; appeal.

The commissioner shall adopt rules as necessary to implement
this chapter. deleted text begin The commissioner shall establish an appeals process for use by recipients when
services certified by the county are disputed. The commissioner shall adopt rules and
standards for the appeal process to assure adequate redress for persons referred to
inappropriate services.
deleted text end

Sec. 29.

Minnesota Statutes 2022, section 254B.04, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin Eligibility. deleted text end new text begin Scope and applicability. new text end

deleted text begin (a) Persons eligible for benefits
under Code of Federal Regulations, title 25, part 20, who meet the income standards of
section 256B.056, subdivision 4, and are not enrolled in medical assistance, are entitled to
behavioral health fund services. State money appropriated for this paragraph must be placed
in a separate account established for this purpose.
 deleted text end

deleted text begin (b) Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section 260E.20, subdivision 1, 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.
 deleted text end

deleted text begin (c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible
for room and board services under section 254B.05, subdivision 5, paragraph (b), clause
(12).
 deleted text end

new text begin This section governs the administration of the behavioral health fund, establishes the
criteria to be applied by local agencies to determine a client's financial eligibility under the
behavioral health fund, and determines a client's obligation to pay for substance use disorder
treatment services.
 new text end

Sec. 30.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Client eligibility. new text end

new text begin (a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, who meet the income standards of section 256B.056,
subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health
fund services. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.
 new text end

new text begin (b) Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section 260E.20, subdivision 1, 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.
 new text end

new text begin (c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible
for room and board services under section 254B.05, subdivision 5, paragraph (b), clause
(12).
 new text end

new text begin (d) A client is eligible to have substance use disorder treatment paid for with funds from
the behavioral health fund when the client:
 new text end

new text begin (1) is eligible for MFIP as determined under chapter 256J;
 new text end

new text begin (2) is eligible for medical assistance as determined under Minnesota Rules, parts
9505.0010 to 9505.0150;
 new text end

new text begin (3) is eligible for general assistance, general assistance medical care, or work readiness
as determined under Minnesota Rules, parts 9500.1200 to 9500.1318; or
 new text end

new text begin (4) has income that is within current household size and income guidelines for entitled
persons, as defined in this subdivision and subdivision 7.
 new text end

new text begin (e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
a third-party payment source are eligible for the behavioral health fund if the third-party
payment source pays less than 100 percent of the cost of treatment services for eligible
clients.
 new text end

new text begin (f) A client is ineligible to have substance use disorder treatment services paid for with
behavioral health fund money if the client:
 new text end

new text begin (1) has an income that exceeds current household size and income guidelines for entitled
persons as defined in this subdivision and subdivision 7; or
 new text end

new text begin (2) has an available third-party payment source that will pay the total cost of the client's
treatment.
 new text end

new text begin (g) A client who is disenrolled from a state prepaid health plan during a treatment episode
is eligible for continued treatment service that is paid for by the behavioral health fund until
the treatment episode is completed or the client is re-enrolled in a state prepaid health plan
if the client:
 new text end

new text begin (1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
medical care; or
 new text end

new text begin (2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local
agency under section 254B.04.
 new text end

new text begin (h) When a county commits a client under chapter 253B to a regional treatment center
for substance use disorder services and the client is ineligible for the behavioral health fund,
the county is responsible for the payment to the regional treatment center according to
section 254B.05, subdivision 4.
 new text end

Sec. 31.

Minnesota Statutes 2022, section 254B.04, subdivision 2a, is amended to read:


Subd. 2a.

Eligibility for deleted text begin treatment in residential settingsdeleted text end new text begin room and board services
for persons in outpatient substance use disorder treatmentnew text end .

deleted text begin Notwithstanding provisions
of Minnesota Rules, part 9530.6622, subparts 5 and 6, related to an assessor's discretion in
making placements to residential treatment settings,deleted text end A person eligible fornew text begin room and boardnew text end
services under deleted text begin thisdeleted text end sectionnew text begin 254B.05, subdivision 5, paragraph (b), clause (12),new text end must score
at level 4 on assessment dimensions related tonew text begin readiness to change,new text end relapse, continued use,
or recovery environment in order to be assigned to services with a room and board component
reimbursed under this section. Whether a treatment facility has been designated an institution
for mental diseases under United States Code, title 42, section 1396d, shall not be a factor
in making placements.

Sec. 32.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Assessment criteria and risk descriptions. new text end

new text begin (a) The level of care determination
must follow criteria approved by the commissioner.
 new text end

new text begin (b) Dimension 1: Acute intoxication/withdrawal potential. A vendor must use the criteria
in Dimension 1 to determine a client's acute intoxication and withdrawal potential, the
client's ability to cope with withdrawal symptoms, and the client's current state of
intoxication.
 new text end

new text begin "0" The client displays full functioning with good ability to tolerate and cope with
withdrawal discomfort, and the client shows no signs or symptoms of intoxication or
withdrawal or diminishing signs or symptoms.
 new text end

new text begin "1" The client can tolerate and cope with withdrawal discomfort. The client displays
mild to moderate intoxication or signs and symptoms interfering with daily functioning but
does not immediately endanger self or others. The client poses a minimal risk of severe
withdrawal.
 new text end

new text begin "2" The client has some difficulty tolerating and coping with withdrawal discomfort.
The client's intoxication may be severe but responds to support and treatment such that the
client does not immediately endanger self or others. The client displays moderate signs and
symptoms of withdrawal with moderate risk of severe withdrawal.
 new text end

new text begin "3" The client tolerates and copes with withdrawal discomfort poorly. The client has
severe intoxication, such that the client endangers self or others, or intoxication has not
abated with less intensive services. The client displays severe signs and symptoms of
withdrawal, has a risk of severe but manageable withdrawal, or has worsening withdrawal
despite detoxification at less intensive level.
 new text end

new text begin "4" The client is incapacitated with severe signs and symptoms. The client displays
severe withdrawal and is a danger to self or others.
 new text end

new text begin (c) Dimension 2: biomedical conditions and complications. The vendor must use the
criteria in Dimension 2 to determine a client's biomedical conditions and complications, the
degree to which any physical disorder of the client would interfere with treatment for
substance use, and the client's ability to tolerate any related discomfort. If the client is
pregnant, the provider must determine the impact of continued substance use on the unborn
child.
 new text end

new text begin "0" The client displays full functioning with good ability to cope with physical discomfort.
 new text end

new text begin "1" The client tolerates and copes with physical discomfort and is able to get the services
that the client needs.
 new text end

new text begin "2" The client has difficulty tolerating and coping with physical problems or has other
biomedical problems that interfere with recovery and treatment. The client neglects or does
not seek care for serious biomedical problems.
 new text end

new text begin "3" The client tolerates and copes poorly with physical problems or has poor general
health. The client neglects the client's medical problems without active assistance.
 new text end

new text begin "4" The client is unable to participate in substance use disorder treatment and has severe
medical problems, a condition that requires immediate intervention, or is incapacitated.
 new text end

new text begin (d) Dimension 3: Emotional, behavioral, and cognitive conditions and complications.
The vendor must use the criteria in Dimension 3 to determine a client's: emotional, behavioral,
and cognitive conditions and complications; the degree to which any condition or
complication is likely to interfere with treatment for substance use or with functioning in
significant life areas; and the likelihood of harm to self or others.
 new text end

new text begin "0" The client has good impulse control and coping skills and presents no risk of harm
to self or others. The client functions in all life areas and displays no emotional, behavioral,
or cognitive problems or the problems are stable.
 new text end

new text begin "1" The client has impulse control and coping skills. The client presents a mild to
moderate risk of harm to self or others or displays symptoms of emotional, behavioral, or
cognitive problems. The client has a mental health diagnosis and is stable. The client
functions adequately in significant life areas.
 new text end

new text begin "2" The client has difficulty with impulse control and lacks coping skills. The client has
thoughts of suicide or harm to others without means; however, the thoughts may interfere
with participation in some activities. The client has difficulty functioning in significant life
areas. The client has moderate symptoms of emotional, behavioral, or cognitive problems.
The client is able to participate in most treatment activities.
 new text end

new text begin "3" The client has a severe lack of impulse control and coping skills. The client also has
frequent thoughts of suicide or harm to others including a plan and the means to carry out
the plan. In addition, the client is severely impaired in significant life areas and has severe
symptoms of emotional, behavioral, or cognitive problems that interfere with the client's
participation in treatment activities.
 new text end

new text begin "4" The client has severe emotional or behavioral symptoms that place the client or
others at acute risk of harm. The client also has intrusive thoughts of harming self or others.
The client is unable to participate in treatment activities.
 new text end

new text begin (e) Dimension 4: Readiness for change. The vendor must use the criteria in Dimension
4 to determine a client's readiness for change and the support necessary to keep the client
involved in treatment services.
 new text end

new text begin "0" The client is cooperative, motivated, ready to change, admits problems, committed
to change, and engaged in treatment as a responsible participant.
 new text end

new text begin "1" The client is motivated with active reinforcement to explore treatment and strategies
for change but ambivalent about illness or need for change.
 new text end

new text begin "2" The client displays verbal compliance, but lacks consistent behaviors; has low
motivation for change; and is passively involved in treatment.
 new text end

new text begin "3" The client displays inconsistent compliance, minimal awareness of either the client's
addiction or mental disorder, and is minimally cooperative.
 new text end

new text begin "4" The client is:
 new text end

new text begin (i) noncompliant with treatment and has no awareness of addiction or mental disorder
and does not want or is unwilling to explore change or is in total denial of the client's illness
and its implications; or
 new text end

new text begin (ii) the client is dangerously oppositional to the extent that the client is a threat of
imminent harm to self and others.
 new text end

new text begin (f) Dimension 5: Relapse, continued use, and continued problem potential. The vendor
must use the criteria in Dimension 5 to determine a client's relapse, continued use, and
continued problem potential and the degree to which the client recognizes relapse issues
and has the skills to prevent relapse of either substance use or mental health problems.
 new text end

new text begin "0" The client recognizes risk well and is able to manage potential problems.
 new text end

new text begin "1" The client recognizes relapse issues and prevention strategies but displays some
vulnerability for further substance use or mental health problems.
 new text end

new text begin "2" The client has:
 new text end

new text begin (i) minimal recognition and understanding of relapse and recidivism issues and displays
moderate vulnerability for further substance use or mental health problems; or
 new text end

new text begin (ii) some coping skills inconsistently applied.
 new text end

new text begin "3" The client has poor recognition and understanding of relapse and recidivism issues
and displays moderately high vulnerability for further substance use or mental health
problems. The client has few coping skills and rarely applies coping skills.
 new text end

new text begin "4" The client has no coping skills to arrest mental health or addiction illnesses or prevent
relapse. The client has no recognition or understanding of relapse and recidivism issues and
displays high vulnerability for further substance use disorder or mental health problems.
 new text end

new text begin (g) Dimension 6: Recovery environment. The vendor must use the criteria in Dimension
6 to determine a client's recovery environment, whether the areas of the client's life are
supportive of or antagonistic to treatment participation and recovery.
 new text end

new text begin "0" The client is engaged in structured meaningful activity and has a supportive significant
other, family, and living environment.
 new text end

new text begin "1" The client has passive social network support, or family and significant other are
not interested in the client's recovery. The client is engaged in structured meaningful activity.
 new text end

new text begin "2" The client is engaged in structured, meaningful activity, but peers, family, significant
other, and living environment are unsupportive, or there is criminal justice involvement by
the client or among the client's peers, significant other, or in the client's living environment.
 new text end

new text begin "3" The client is not engaged in structured meaningful activity and the client's peers,
family, significant other, and living environment are unsupportive, or there is significant
criminal justice system involvement.
 new text end

new text begin "4" The client has:
 new text end

new text begin (i) a chronically antagonistic significant other, living environment, family, peer group,
or long-term criminal justice involvement that is harmful to recovery or treatment progress;
or
 new text end

new text begin (ii) the client has an actively antagonistic significant other, family, work, or living
environment that poses an immediate threat to the client's safety and well-being.
 new text end

Sec. 33.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Local agency responsibility to provide services. new text end

new text begin The local agency may employ
individuals to conduct administrative activities and facilitate access to substance use disorder
treatment services.
 new text end

Sec. 34.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Local agency to determine client financial eligibility. new text end

new text begin (a) The local agency
shall determine a client's financial eligibility for the behavioral health fund according to
section 254B.04, subdivision 1, with the income calculated prospectively for one year from
the date of comprehensive assessment. The local agency shall pay for eligible clients
according to chapter 256G. The local agency shall enter the financial eligibility span within
ten calendar days of request. Client eligibility must be determined using forms prescribed
by the department. To determine a client's eligibility, the local agency must determine the
client's income, the size of the client's household, the availability of a third-party payment
source, and a responsible relative's ability to pay for the client's substance use disorder
treatment.
 new text end

new text begin (b) A client who is a minor child must not be deemed to have income available to pay
for substance use disorder treatment, unless the minor child is responsible for payment under
section 144.347 for substance use disorder treatment services sought under section 144.343,
subdivision 1.
 new text end

new text begin (c) The local agency must determine the client's household size as follows:
 new text end

new text begin (1) if the client is a minor child, the household size includes the following persons living
in the same dwelling unit:
 new text end

new text begin (i) the client;
 new text end

new text begin (ii) the client's birth or adoptive parents; and
 new text end

new text begin (iii) the client's siblings who are minors; and
 new text end

new text begin (2) if the client is an adult, the household size includes the following persons living in
the same dwelling unit:
 new text end

new text begin (i) the client;
 new text end

new text begin (ii) the client's spouse;
 new text end

new text begin (iii) the client's minor children; and
 new text end

new text begin (iv) the client's spouse's minor children.
 new text end

new text begin For purposes of this paragraph, household size includes a person listed in clauses (1) and
(2) who is in an out-of-home placement if a person listed in clause (1) or (2) is contributing
to the cost of care of the person in out-of-home placement.
 new text end

new text begin (d) The local agency must determine the client's current prepaid health plan enrollment,
the availability of a third-party payment source, including the availability of total payment,
partial payment, and amount of co-payment.
 new text end

new text begin (e) The local agency must provide the required eligibility information to the department
in the manner specified by the department.
 new text end

new text begin (f) The local agency shall require the client and policyholder to conditionally assign to
the department the client and policyholder's rights and the rights of minor children to benefits
or services provided to the client if the department is required to collect from a third-party
pay source.
 new text end

new text begin (g) The local agency must redetermine a client's eligibility for the behavioral health fund
every 12 months.
 new text end

new text begin (h) A client, responsible relative, and policyholder must provide income or wage
verification, household size verification, and must make an assignment of third-party payment
rights under paragraph (f). If a client, responsible relative, or policyholder does not comply
with the provisions of this subdivision, the client is ineligible for behavioral health fund
payment for substance use disorder treatment, and the client and responsible relative must
be obligated to pay for the full cost of substance use disorder treatment services provided
to the client.
 new text end

Sec. 35.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Client fees. new text end

new text begin A client whose household income is within current household size
and income guidelines for entitled persons as defined in section 254B.04, subdivision 1a,
must pay no fee for care related to substance use disorder, including drug screens.
 new text end

Sec. 36.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Vendor must participate in DAANES system. new text end

new text begin To be eligible for payment
under the behavioral health fund, a vendor must participate in the Drug and Alcohol Abuse
Normative Evaluation System (DAANES) or submit to the commissioner the information
required in the DAANES in the format specified by the commissioner.
 new text end

Sec. 37.

Minnesota Statutes 2022, section 256D.09, subdivision 2a, is amended to read:


Subd. 2a.

Vendor payments for drug dependent persons.

If, at the time of application
or at any other time, there is a reasonable basis for questioning whether a person applying
for or receiving financial assistance is drug dependent, as defined in section 254A.02,
subdivision 5, the person shall be referred for a chemical health assessment, and only
emergency assistance payments or general assistance vendor payments may be provided
until the assessment is complete and the results of the assessment made available to the
county agency. A reasonable basis for referring an individual for an assessment exists when:

(1) the person has required detoxification two or more times in the past 12 months;

(2) the person appears intoxicated at the county agency as indicated by two or more of
the following:

(i) the odor of alcohol;

(ii) slurred speech;

(iii) disconjugate gaze;

(iv) impaired balance;

(v) difficulty remaining awake;

(vi) consumption of alcohol;

(vii) responding to sights or sounds that are not actually present;

(viii) extreme restlessness, fast speech, or unusual belligerence;

(3) the person has been involuntarily committed for drug dependency at least once in
the past 12 months; or

(4) the person has received treatment, including domiciliary care, for drug abuse or
dependency at least twice in the past 12 months.

The assessment and determination of drug dependency, if any, must be made by an
assessor qualified under deleted text begin Minnesota Rules, part 9530.6615, subpart 2deleted text end new text begin section 245G.11,
subdivisions 1 and 5new text end , to perform an assessment of chemical use. The county shall only
provide emergency general assistance or vendor payments to an otherwise eligible applicant
or recipient who is determined to be drug dependent, except up to 15 percent of the grant
amount the person would otherwise receive may be paid in cash. Notwithstanding subdivision
1, the commissioner of human services shall also require county agencies to provide
assistance only in the form of vendor payments to all eligible recipients who assert substance
use disorder as a basis for eligibility under section 256D.05, subdivision 1, paragraph (a),
clauses (1) and (5).

The determination of drug dependency shall be reviewed at least every 12 months. If
the county determines a recipient is no longer drug dependent, the county may cease vendor
payments and provide the recipient payments in cash.

Sec. 38.

Minnesota Statutes 2022, section 256L.03, subdivision 2, is amended to read:


Subd. 2.

Substance use disorder.

Beginning July 1, 1993, covered health services shall
include individual outpatient treatment of substance use disorder by a qualified health
professional or outpatient program.

Persons who may need substance use disorder services under the provisions of this
chapter deleted text begin shall be assessed by a local agency as defined under section 254B.01deleted text end new text begin must be
assessed by a qualified professional as defined in section 245G.11, subdivisions 1 and 5new text end ,
and under the assessment provisions of section 254A.03, subdivision 3. A local agency or
managed care plan under contract with the Department of Human Services must deleted text begin placedeleted text end new text begin offer
services tonew text end a person in need of substance use disorder services deleted text begin as provided in Minnesota
Rules, parts 9530.6600 to 9530.6655deleted text end new text begin based on the recommendations of section 245G.05new text end .
Persons who are recipients of medical benefits under the provisions of this chapter and who
are financially eligible for behavioral health fund services provided under the provisions of
chapter 254B shall receive substance use disorder treatment services under the provisions
of chapter 254B only if:

(1) they have exhausted the substance use disorder benefits offered under this chapter;
or

(2) an assessment indicates that they need a level of care not provided under the provisions
of this chapter.

Recipients of covered health services under the children's health plan, as provided in
Minnesota Statutes 1990, section 256.936, and as amended by Laws 1991, chapter 292,
article 4, section 17, and recipients of covered health services enrolled in the children's
health plan or the MinnesotaCare program after October 1, 1992, pursuant to Laws 1992,
chapter 549, article 4, sections 5 and 17, are eligible to receive substance use disorder
benefits under this subdivision.

Sec. 39.

Minnesota Statutes 2022, section 256L.12, subdivision 8, is amended to read:


Subd. 8.

Substance use disorder assessments.

The managed care plan shall be
responsible for assessing the need and deleted text begin placement fordeleted text end new text begin provision ofnew text end substance use disorder
services according to criteria set forth in deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655deleted text end new text begin
section 245G.05new text end .

Sec. 40.

Minnesota Statutes 2022, section 260B.157, subdivision 1, is amended to read:


Subdivision 1.

Investigation.

Upon request of the court the local social services agency
or probation officer shall investigate the personal and family history and environment of
any minor coming within the jurisdiction of the court under section 260B.101 and shall
report its findings to the court. The court may order any minor coming within its jurisdiction
to be examined by a duly qualified physician, psychiatrist, or psychologist appointed by the
court.

The court shall order a chemical use assessment conducted when a child is (1) found to
be delinquent for violating a provision of chapter 152, or for committing a felony-level
violation of a provision of chapter 609 if the probation officer determines that alcohol or
drug use was a contributing factor in the commission of the offense, or (2) alleged to be
delinquent for violating a provision of chapter 152, if the child is being held in custody
under a detention order. The assessor's qualificationsnew text begin must comply with section 245G.11,
subdivisions 1 and 5,new text end and the assessment criteria deleted text begin shalldeleted text end new text begin mustnew text end comply with deleted text begin Minnesota Rules,
parts 9530.6600 to 9530.6655deleted text end new text begin section 245G.05new text end . If funds under chapter 254B are to be used
to pay for the recommended treatment, the assessment deleted text begin and placementdeleted text end must comply with all
provisions of deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655 and 9530.7000 to 9530.7030deleted text end new text begin
sections 245G.05 and 254B.04new text end . The commissioner of human services shall reimburse the
court for the cost of the chemical use assessment, up to a maximum of $100.

The court shall order a children's mental health screening conducted when a child is
found to be delinquent. The screening shall be conducted with a screening instrument
approved by the commissioner of human services and shall be conducted by a mental health
practitioner as defined in section 245.4871, subdivision 26, or a probation officer who is
trained in the use of the screening instrument. If the screening indicates a need for assessment,
the local social services agency, in consultation with the child's family, shall have a diagnostic
assessment conducted, including a functional assessment, as defined in section 245.4871.

With the consent of the commissioner of corrections and agreement of the county to pay
the costs thereof, the court may, by order, place a minor coming within its jurisdiction in
an institution maintained by the commissioner for the detention, diagnosis, custody and
treatment of persons adjudicated to be delinquent, in order that the condition of the minor
be given due consideration in the disposition of the case. Any funds received under the
provisions of this subdivision shall not cancel until the end of the fiscal year immediately
following the fiscal year in which the funds were received. The funds are available for use
by the commissioner of corrections during that period and are hereby appropriated annually
to the commissioner of corrections as reimbursement of the costs of providing these services
to the juvenile courts.

Sec. 41.

Minnesota Statutes 2022, section 260B.157, subdivision 3, is amended to read:


Subd. 3.

Juvenile treatment screening team.

(a) The local social services agency shall
establish a juvenile treatment screening team to conduct screenings and prepare case plans
under this subdivision. The team, which may be the team constituted under section 245.4885
or 256B.092 or deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655deleted text end new text begin chapter 254Bnew text end , shall consist
of social workers, juvenile justice professionals, and persons with expertise in the treatment
of juveniles who are emotionally disabled, chemically dependent, or have a developmental
disability. The team shall involve parents or guardians in the screening process as appropriate.
The team may be the same team as defined in section 260C.157, subdivision 3.

(b) If the court, prior to, or as part of, a final disposition, proposes to place a child:

(1) for the primary purpose of treatment for an emotional disturbance, and residential
placement is consistent with section 260.012, a developmental disability, or chemical
dependency in a residential treatment facility out of state or in one which is within the state
and licensed by the commissioner of human services under chapter 245A; or

(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
post-dispositional placement in a facility licensed by the commissioner of corrections or
human services, the court shall notify the county welfare agency. The county's juvenile
treatment screening team must either:

(i) screen and evaluate the child and file its recommendations with the court within 14
days of receipt of the notice; or

(ii) elect not to screen a given case, and notify the court of that decision within three
working days.

(c) If the screening team has elected to screen and evaluate the child, the child may not
be placed for the primary purpose of treatment for an emotional disturbance, a developmental
disability, or chemical dependency, in a residential treatment facility out of state nor in a
residential treatment facility within the state that is licensed under chapter 245A, unless one
of the following conditions applies:

(1) a treatment professional certifies that an emergency requires the placement of the
child in a facility within the state;

(2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it will
be of therapeutic value to the child; or

(3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically to
the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.

Sec. 42.

Minnesota Statutes 2022, section 260C.157, subdivision 3, is amended to read:


Subd. 3.

Juvenile treatment screening team.

(a) The responsible social services agency
shall establish a juvenile treatment screening team to conduct screenings under this chapter
and chapter 260D, for a child to receive treatment for an emotional disturbance, a
developmental disability, or related condition in a residential treatment facility licensed by
the commissioner of human services under chapter 245A, or licensed or approved by a tribe.
A screening team is not required for a child to be in: (1) a residential facility specializing
in prenatal, postpartum, or parenting support; (2) a facility specializing in high-quality
residential care and supportive services to children and youth who have been or are at risk
of becoming victims of sex trafficking or commercial sexual exploitation; (3) supervised
settings for youth who are 18 years of age or older and living independently; or (4) a licensed
residential family-based treatment facility for substance abuse consistent with section
260C.190. Screenings are also not required when a child must be placed in a facility due to
an emotional crisis or other mental health emergency.

(b) The responsible social services agency shall conduct screenings within 15 days of a
request for a screening, unless the screening is for the purpose of residential treatment and
the child is enrolled in a prepaid health program under section 256B.69, in which case the
agency shall conduct the screening within ten working days of a request. The responsible
social services agency shall convene the juvenile treatment screening team, which may be
constituted under section 245.4885new text begin , 254B.05,new text end or 256B.092 deleted text begin or Minnesota Rules, parts
9530.6600 to 9530.6655deleted text end . The team shall consist of social workers; persons with expertise
in the treatment of juveniles who are emotionally disturbed, chemically dependent, or have
a developmental disability; and the child's parent, guardian, or permanent legal custodian.
The team may include the child's relatives as defined in section 260C.007, subdivisions 26b
and 27, the child's foster care provider, and professionals who are a resource to the child's
family such as teachers, medical or mental health providers, and clergy, as appropriate,
consistent with the family and permanency team as defined in section 260C.007, subdivision
16a. Prior to forming the team, the responsible social services agency must consult with the
child's parents, the child if the child is age 14 or older, and, if applicable, the child's tribe
to obtain recommendations regarding which individuals to include on the team and to ensure
that the team is family-centered and will act in the child's best interests. If the child, child's
parents, or legal guardians raise concerns about specific relatives or professionals, the team
should not include those individuals. This provision does not apply to paragraph (c).

(c) If the agency provides notice to tribes under section 260.761, and the child screened
is an Indian child, the responsible social services agency must make a rigorous and concerted
effort to include a designated representative of the Indian child's tribe on the juvenile
treatment screening team, unless the child's tribal authority declines to appoint a
representative. The Indian child's tribe may delegate its authority to represent the child to
any other federally recognized Indian tribe, as defined in section 260.755, subdivision 12.
The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections
1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to
260.835, apply to this section.

(d) If the court, prior to, or as part of, a final disposition or other court order, proposes
to place a child with an emotional disturbance or developmental disability or related condition
in residential treatment, the responsible social services agency must conduct a screening.
If the team recommends treating the child in a qualified residential treatment program, the
agency must follow the requirements of sections 260C.70 to 260C.714.

The court shall ascertain whether the child is an Indian child and shall notify the
responsible social services agency and, if the child is an Indian child, shall notify the Indian
child's tribe as paragraph (c) requires.

(e) When the responsible social services agency is responsible for placing and caring
for the child and the screening team recommends placing a child in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1)
begin the assessment and processes required in section 260C.704 without delay; and (2)
conduct a relative search according to section 260C.221 to assemble the child's family and
permanency team under section 260C.706. Prior to notifying relatives regarding the family
and permanency team, the responsible social services agency must consult with the child's
parent or legal guardian, the child if the child is age 14 or older, and, if applicable, the child's
tribe to ensure that the agency is providing notice to individuals who will act in the child's
best interests. The child and the child's parents may identify a culturally competent qualified
individual to complete the child's assessment. The agency shall make efforts to refer the
assessment to the identified qualified individual. The assessment may not be delayed for
the purpose of having the assessment completed by a specific qualified individual.

(f) When a screening team determines that a child does not need treatment in a qualified
residential treatment program, the screening team must:

(1) document the services and supports that will prevent the child's foster care placement
and will support the child remaining at home;

(2) document the services and supports that the agency will arrange to place the child
in a family foster home; or

(3) document the services and supports that the agency has provided in any other setting.

(g) When the Indian child's tribe or tribal health care services provider or Indian Health
Services provider proposes to place a child for the primary purpose of treatment for an
emotional disturbance, a developmental disability, or co-occurring emotional disturbance
and chemical dependency, the Indian child's tribe or the tribe delegated by the child's tribe
shall submit necessary documentation to the county juvenile treatment screening team,
which must invite the Indian child's tribe to designate a representative to the screening team.

(h) The responsible social services agency must conduct and document the screening in
a format approved by the commissioner of human services.

Sec. 43.

Minnesota Statutes 2022, section 260E.20, subdivision 1, is amended to read:


Subdivision 1.

General duties.

(a) The local welfare agency shall offer services to
prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child,
and supporting and preserving family life whenever possible.

(b) If the report alleges a violation of a criminal statute involving maltreatment or child
endangerment under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of the agency's investigation or
assessment.

(c) In cases of alleged child maltreatment resulting in death, the local agency may rely
on the fact-finding efforts of a law enforcement investigation to make a determination of
whether or not maltreatment occurred.

(d) When necessary, the local welfare agency shall seek authority to remove the child
from the custody of a parent, guardian, or adult with whom the child is living.

(e) In performing any of these duties, the local welfare agency shall maintain an
appropriate record.

(f) In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence.

(g) If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency deleted text begin shall conductdeleted text end new text begin must coordinatenew text end a deleted text begin chemical usedeleted text end new text begin comprehensivenew text end
assessment pursuant to deleted text begin Minnesota Rules, part 9530.6615deleted text end new text begin section 245G.05new text end .

(h) The agency may use either a family assessment or investigation to determine whether
the child is safe when responding to a report resulting from birth match data under section
260E.03, subdivision 23, paragraph (c). If the child subject of birth match data 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.503, subdivision 2.

Sec. 44.

Minnesota Statutes 2022, section 299A.299, subdivision 1, is amended to read:


Subdivision 1.

Establishment of team.

A county, a multicounty organization of counties
formed by an agreement under section 471.59, or a city with a population of no more than
50,000, may establish a multidisciplinary chemical abuse prevention team. The chemical
abuse prevention team may include, but not be limited to, representatives of health, mental
health, public health, law enforcement, educational, social service, court service, community
education, religious, and other appropriate agencies, and parent and youth groups. For
purposes of this section, "chemical abuse" has the meaning given in deleted text begin Minnesota Rules, part
9530.6605, subpart 6deleted text end new text begin section 254A.02, subdivision 6anew text end . When possible the team must
coordinate its activities with existing local groups, organizations, and teams dealing with
the same issues the team is addressing.

Sec. 45. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, section
254B.01, in alphabetical order and correct any cross-reference changes that result.
 new text end

Sec. 46. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 169A.70, subdivision 6; 245G.22, subdivision 19;
254A.02, subdivision 8a; 254A.16, subdivision 6; 254A.19, subdivisions 1a, 2, and 5;
254B.04, subdivisions 2b and 2c; and 254B.041, subdivision 2, new text end new text begin are repealed.
 new text end

ARTICLE 3

HOUSING AND ECONOMIC ASSISTANCE

Section 1.

Minnesota Statutes 2022, section 256D.02, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin Date of application. new text end

new text begin "Date of application" has the meaning given in section
256P.01, subdivision 2b.
 new text end

Sec. 2.

Minnesota Statutes 2022, section 256D.07, is amended to read:


256D.07 TIME OF PAYMENT OF ASSISTANCE.

An applicant for general assistance shall be deemed eligible if the application and the
verification of the statement on that application demonstrate that the applicant is within the
eligibility criteria established by sections 256D.01 to 256D.21 and any applicable rules of
the commissioner. Any person requesting general assistance shall be permitted by the county
agency to make an application for assistance as soon as administratively possible and in no
event later than the fourth day following the date on which assistance is first requested, and
no county agency shall require that a person requesting assistance appear at the offices of
the county agency more than once prior to the date on which the person is permitted to make
the application. deleted text begin The application shall be in writing in the manner and upon the form
prescribed by the commissioner and attested to by the oath of the applicant or in lieu thereof
shall contain the following declaration which shall be signed by the applicant: "I declare
that this application has been examined by me and to the best of my knowledge and belief
is a true and correct statement of every material point."deleted text end new text begin Applications must be submitted
according to section 256P.04, subdivision 1a.new text end On the date that general assistance is first
requested, the county agency shall inquire and determine whether the person requesting
assistance is in immediate need of food, shelter, clothing, assistance for necessary
transportation, or other emergency assistance pursuant to section 256D.06, subdivision 2.
A person in need of emergency assistance shall be granted emergency assistance immediately,
and necessary emergency assistance shall continue for up to 30 days following the date of
application. A determination of an applicant's eligibility for general assistance shall be made
by the county agency as soon as the required verifications are received by the county agency
and in no event later than 30 days following the date that the application is made. Any
verifications required of the applicant shall be reasonable, and the commissioner shall by
rule establish reasonable verifications. General assistance shall be granted to an eligible
applicant without the necessity of first securing action by the board of the county agency.
The first month's grant must be computed to cover the time period starting with the date deleted text begin a
signed application form is received by the county agencydeleted text end new text begin of application, as defined by
section 256P.01, subdivision 2b,new text end or from the date that the applicant meets all eligibility
factors, whichever occurs later.

If upon verification and due investigation it appears that the applicant provided false
information and the false information materially affected the applicant's eligibility for general
assistance or the amount of the applicant's general assistance grant, the county agency may
refer the matter to the county attorney. The county attorney may commence a criminal
prosecution or a civil action for the recovery of any general assistance wrongfully received,
or both.

Sec. 3.

Minnesota Statutes 2022, section 256I.03, subdivision 15, is amended to read:


Subd. 15.

Supportive housing.

"Supportive housing" means housing that is not
time-limited deleted text begin anddeleted text end new text begin ,new text end provides or coordinates services necessary for a resident to maintain
housing stabilitynew text begin , and is not assisted living licensed under chapter 144Gnew text end .

Sec. 4.

Minnesota Statutes 2022, section 256I.03, is amended by adding a subdivision to
read:


new text begin Subd. 16. new text end

new text begin Date of application. new text end

new text begin "Date of application" has the meaning given in section
256P.01, subdivision 2b.
 new text end

Sec. 5.

Minnesota Statutes 2022, section 256I.04, subdivision 2, is amended to read:


Subd. 2.

Date of eligibility.

An individual who has met the eligibility requirements of
subdivision 1, shall have a housing support payment made on the individual's behalf from
the first day of the month deleted text begin in which a signeddeleted text end new text begin of the date ofnew text end application deleted text begin form is received by
a county agencydeleted text end ,new text begin as defined by section 256P.01, subdivision 2b,new text end or the first day of the month
in which all eligibility factors have been met, whichever is later.

Sec. 6.

Minnesota Statutes 2022, section 256I.06, subdivision 3, is amended to read:


Subd. 3.

Filing of application.

deleted text begin The county agency must immediately provide an
application form to any person requesting housing support. Application for housing support
must be in writing on a form prescribed by the commissioner.deleted text end new text begin Applications must be submitted
according to section 256P.04, subdivision 1a.new text end The county agency must determine an
applicant's eligibility for housing support as soon as the required verifications are received
by the county agency and within 30 days after a signed application is received by the county
agency for the aged or blind or within 60 days for people with a disability.

Sec. 7.

Minnesota Statutes 2022, section 256I.09, is amended to read:


256I.09 COMMUNITY LIVING INFRASTRUCTURE.

The commissioner shall award grants to agenciesnew text begin and multi-Tribal collaborativesnew text end through
an annual competitive process. Grants awarded under this section may be used for: (1)
outreach to locate and engage people who are homeless or residing in segregated settings
to screen for basic needs and assist with referral to community living resources; (2) building
capacity to provide technical assistance and consultation on housing and related support
service resources for persons with both disabilities and low income; or (3) streamlining the
administration and monitoring activities related to housing support funds. Agencies may
collaborate and submit a joint application for funding under this section.

Sec. 8.

Minnesota Statutes 2022, section 256J.08, subdivision 21, is amended to read:


Subd. 21.

Date of application.

"Date of application" deleted text begin means the date on which the county
agency receives an applicant's application as a signed written application, an application
submitted by telephone, or an application submitted through Internet telepresencedeleted text end new text begin has the
meaning given in section 256P.01, subdivision 2bnew text end .

Sec. 9.

Minnesota Statutes 2022, section 256J.09, subdivision 3, is amended to read:


Subd. 3.

Submitting application form.

(a) A county agency must offer, in person or
by mail, the application forms prescribed by the commissioner as soon as a person makes
a written or oral inquiry. At that time, the county agency must:

(1) inform the person that assistance begins on the date deleted text begin that thedeleted text end new text begin ofnew text end application deleted text begin is received
by the county agency either as a signed written application; an application submitted by
telephone; or an application submitted through Internet telepresence;deleted text end new text begin , as defined in section
256P.01, subdivision 2b,new text end or on the date that all eligibility criteria are met, whichever is later;

(2) inform a person that the person may submit the application by telephone or through
Internet telepresence;

(3) inform a person deleted text begin that when the person submits the application by telephone or through
Internet telepresence, the county agency must receive a signed written application within
30 days of the date that the person submitted the application by telephone or through Internet
telepresencedeleted text end new text begin of the application submission requirements in section 256P.04, subdivision
1anew text end ;

(4) inform the person that any delay in submitting the application will reduce the amount
of assistance paid for the month of application;

(5) inform a person that the person may submit the application before an interview;

(6) explain the information that will be verified during the application process by the
county agency as provided in section 256J.32;

(7) inform a person about the county agency's average application processing time and
explain how the application will be processed under subdivision 5;

(8) explain how to contact the county agency if a person's application information changes
and how to withdraw the application;

(9) inform a person that the next step in the application process is an interview and what
a person must do if the application is approved including, but not limited to, attending
orientation under section 256J.45 and complying with employment and training services
requirements in sections 256J.515 to 256J.57;

(10) inform the person that an interview must be conducted. The interview may be
conducted face-to-face in the county office or at a location mutually agreed upon, through
Internet telepresence, or by telephone;

(11) explain the child care and transportation services that are available under paragraph
(c) to enable caregivers to attend the interview, screening, and orientation; and

(12) identify any language barriers and arrange for translation assistance during
appointments, including, but not limited to, screening under subdivision 3a, orientation
under section 256J.45, and assessment under section 256J.521.

(b) Upon receipt of a signed application, the county agency must stamp the date of receipt
on the face of the application. The county agency must process the application within the
time period required under subdivision 5. An applicant may withdraw the application at
any time by giving written or oral notice to the county agency. The county agency must
issue a written notice confirming the withdrawal. The notice must inform the applicant of
the county agency's understanding that the applicant has withdrawn the application and no
longer wants to pursue it. When, within ten days of the date of the agency's notice, an
applicant informs a county agency, in writing, that the applicant does not wish to withdraw
the application, the county agency must reinstate the application and finish processing the
application.

(c) Upon a participant's request, the county agency must arrange for transportation and
child care or reimburse the participant for transportation and child care expenses necessary
to enable participants to attend the screening under subdivision 3a and orientation under
section 256J.45.

Sec. 10.

Minnesota Statutes 2022, section 256J.95, subdivision 5, is amended to read:


Subd. 5.

Submitting application form.

The eligibility date for the diversionary work
program begins on the date deleted text begin that the combineddeleted text end new text begin ofnew text end application deleted text begin form (CAF) is received by the
county agency either as a signed written application; an application submitted by telephone;
or an application submitted through Internet telepresence;deleted text end new text begin , as defined in section 256P.01,
subdivision 2b,new text end or on the date that diversionary work program eligibility criteria are met,
whichever is later. The county agency must inform an applicant deleted text begin that when the applicant
submits the application by telephone or through Internet telepresence, the county agency
must receive a signed written application within 30 days of the date that the applicant
submitted the application by telephone or through Internet telepresencedeleted text end new text begin of the application
submission requirements in section 256P.04, subdivision 1anew text end . The county agency must inform
the applicant that any delay in submitting the application will reduce the benefits paid for
the month of application. The county agency must inform a person that an application may
be submitted before the person has an interview appointment. Upon receipt of a signed
application, the county agency must stamp the date of receipt on the face of the application.
The applicant may withdraw the application at any time prior to approval by giving written
or oral notice to the county agency. The county agency must follow the notice requirements
in section 256J.09, subdivision 3, when issuing a notice confirming the withdrawal.

Sec. 11.

Minnesota Statutes 2022, section 256P.01, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Date of application. new text end

new text begin "Date of application" means the date on which the agency
receives an applicant's application as a signed written application, an application submitted
by telephone, or an application submitted through Internet telepresence. The child care
assistance program under chapter 119B is exempt from this definition.
 new text end

Sec. 12.

Minnesota Statutes 2022, section 256P.04, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Application submission. new text end

new text begin An agency must offer, in person or by mail, the
application forms prescribed by the commissioner as soon as a person makes a written or
oral inquiry about assistance. Applications must be received by the agency as a signed
written application, an application submitted by telephone, or an application submitted
through Internet telepresence. When a person submits an application by telephone or through
Internet telepresence, the agency must receive a signed written application within 30 days
of the date that the person submitted the application by telephone or through Internet
telepresence.
 new text end

Sec. 13. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, sections
256D.02 and 256I.03, in alphabetical order, excluding the first subdivision in each section,
and correct any cross-reference changes that result.
 new text end

ARTICLE 4

CHILDREN AND FAMILY SERVICES

Section 1.

Minnesota Statutes 2022, section 256N.24, subdivision 12, is amended to read:


Subd. 12.

Approval of initial assessments, special assessments, and reassessments.

(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.

(b) In cases where a special assessment or reassessment for Northstar kinship assistance
and adoption assistance is required under subdivision 8 or 11, the commissioner shall review
and approve the assessment as part of the eligibility determination process outlined in section
256N.22, subdivision 7, for Northstar kinship assistance, or section 256N.23, subdivision
7, for adoption assistance. The assessment determines the maximum of the negotiated
agreement amount under section 256N.25.

(c) The new text begin effective date of the new text end new rate is deleted text begin effective the calendar month that the assessment
is approved, or the effective date of the agreement, whichever is later.deleted text end new text begin determined as follows:
new text end

new text begin (1) for initial assessments of children in foster care, the new rate is effective based on
the emergency foster care rate for initial placement pursuant to section 256N.26, subdivision
6;
 new text end

new text begin (2) for special assessments, the new rate is effective the date of the finalized adoption
decree or the date of the court order that transfers permanent legal and physical custody to
a relative;
 new text end

new text begin (3) for postpermanency reassessments, the new rate is effective the date that the
commissioner signs the amendment to the Northstar Adoption Assistance or Northstar
Kinship Assistance benefit agreement.
 new text end

Sec. 2.

Minnesota Statutes 2022, section 260C.221, subdivision 1, is amended to read:


Subdivision 1.

Relative search requirements.

(a) The responsible social services agency
shall exercise due diligence to identify and notify adult relativesnew text begin , as defined in section
260C.007, subdivision 27,new text end and current caregivers of a child's sibling, prior to placement or
within 30 days after the child's removal from the parent, regardless of whether a child is
placed in a relative's home, as required under subdivision 2. The relative search required
by this section shall be comprehensive in scope.

(b) The relative search required by this section shall include both maternal and paternal
adult relatives of the child; all adult grandparents; all legal parents, guardians, or custodians
of the child's siblings; and any other adult relatives suggested by the child's parents, subject
to the exceptions due to family violence in subdivision 5, paragraph (b). The search shall
also include getting information from the child in an age-appropriate manner about who the
child considers to be family members and important friends with whom the child has resided
or had significant contact. The relative search required under this section must fulfill the
agency's duties under the Indian Child Welfare Act regarding active efforts to prevent the
breakup of the Indian family under United States Code, title 25, section 1912(d), and to
meet placement preferences under United States Code, title 25, section 1915.

(c) The responsible social services agency has a continuing responsibility to search for
and identify relatives of a child and send the notice to relatives that is required under
subdivision 2, unless the court has relieved the agency of this duty under subdivision 5,
paragraph (e).

Sec. 3.

Minnesota Statutes 2022, section 260C.317, subdivision 3, is amended to read:


Subd. 3.

Order; retention of jurisdiction.

(a) A certified copy of the findings and the
order terminating parental rights, and a summary of the court's information concerning the
child shall be furnished by the court to the commissioner or the agency to which guardianship
is transferred.

(b) The orders shall be on a document separate from the findings. The court shall furnish
the guardian a copy of the order terminating parental rights.

(c) When the court orders guardianship pursuant to this section, the guardian ad litem
and counsel for the child shall continue on the case until an adoption decree is entered. An
in-court appearance hearing must be held every 90 days following termination of parental
rights for the court to review progress toward an adoptive placement and the specific
recruitment efforts the agency has taken to find an adoptive family for the child and to
finalize the adoption or other permanency plan. Review of the progress toward adoption of
a child under guardianship of the commissioner of human services shall be conducted
according to section 260C.607.

(d) Upon terminating parental rights or upon a parent's consent to adoption under
deleted text begin Minnesota Statutes 2010, section 260C.201, subdivision 11, ordeleted text end section 260C.515, subdivision
deleted text begin 5deleted text end new text begin 3new text end , resulting in an order for guardianship to the commissioner of human services, the court
shall retain jurisdiction:

(1) until the child is adopted;

(2) through the child's minority; or

(3) as long as the child continues in or reenters foster care, until the individual becomes
21 years of age according to sections 260C.193, subdivision 6, and 260C.451.

Sec. 4.

Minnesota Statutes 2022, section 518A.43, subdivision 1b, is amended to read:


Subd. 1b.

Increase in income of custodial parent.

In a modification of support under
section 518A.39, the court may deviate from the presumptive child support obligation under
section 518A.34 when the only change in circumstances is an increase to the custodial
parent's income deleted text begin and:deleted text end new text begin ,
new text end

deleted text begin (1)deleted text end the basic support increasesdeleted text begin ;deleted text end new text begin , and:
new text end

deleted text begin (2)deleted text end new text begin (1)new text end the parties' combined gross income is $6,000 or less; or

deleted text begin (3)deleted text end new text begin (2)new text end the obligor's income is $2,000 or less.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Minnesota Statutes 2022, section 518A.59, new text end new text begin is repealed.
 new text end

new text begin Subd. 2. new text end

new text begin Minnesota Statutes 2022, section 256D.63, subdivision 1, new text end new text begin is repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin The repeal of the section in subdivision 1 is effective the day
following final enactment.
 new text end

ARTICLE 5

HEALTH CARE

Section 1.

Minnesota Statutes 2022, section 256B.056, is amended by adding a subdivision
to read:


new text begin Subd. 5d. new text end

new text begin Medical assistance room and board rate. new text end

new text begin "Medical assistance room and
board rate" means an amount equal to 81 percent of the federal poverty guideline for a single
individual living alone in the community less the medical assistance personal needs allowance
under section 256B.35. The amount of the room and board rate, as defined in section 256I.03,
subdivision 2, that exceeds the medical assistance room and board rate is considered a
remedial care cost. A remedial care cost may be used to meet a spenddown obligation under
this section. The medical assistance room and board rate is to be adjusted on January 1 of
each year.
 new text end

Sec. 2.

Minnesota Statutes 2022, section 256B.0622, subdivision 8, is amended to read:


Subd. 8.

Medical assistance payment for assertive community treatment and
intensive residential treatment services.

(a) Payment for intensive residential treatment
services and assertive community treatment in this section shall be based on one daily rate
per provider inclusive of the following services received by an eligible client in a given
calendar day: all rehabilitative services under this section, staff travel time to provide
rehabilitative services under this section, and nonresidential crisis stabilization services
under section 256B.0624.

(b) Except as indicated in paragraph (c), payment will not be made to more than one
entity for each client for services provided under this section on a given day. If services
under this section are provided by a team that includes staff from more than one entity, the
team must determine how to distribute the payment among the members.

(c) The commissioner shall determine one rate for each provider that will bill medical
assistance for residential services under this section and one rate for each assertive community
treatment provider. If a single entity provides both services, one rate is established for the
entity's residential services and another rate for the entity's nonresidential services under
this section. A provider is not eligible for payment under this section without authorization
from the commissioner. The commissioner shall develop rates using the following criteria:

(1) the provider's cost for services shall include direct services costs, other program
costs, and other costs determined as follows:

(i) the direct services costs must be determined using actual costs of salaries, benefits,
payroll taxes, and training of direct service staff and service-related transportation;

(ii) other program costs not included in item (i) must be determined as a specified
percentage of the direct services costs as determined by item (i). The percentage used shall
be determined by the commissioner based upon the average of percentages that represent
the relationship of other program costs to direct services costs among the entities that provide
similar services;

(iii) physical plant costs calculated based on the percentage of space within the program
that is entirely devoted to treatment and programming. This does not include administrative
or residential space;

(iv) assertive community treatment physical plant costs must be reimbursed as part of
the costs described in item (ii); and

(v) subject to federal approval, up to an additional five percent of the total rate may be
added to the program rate as a quality incentive based upon the entity meeting performance
criteria specified by the commissioner;

(2) actual cost is defined as costs which are allowable, allocable, and reasonable, and
consistent with federal reimbursement requirements under Code of Federal Regulations,
title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and
Budget Circular Number A-122, relating to nonprofit entities;

(3) the number of service units;

(4) the degree to which clients will receive services other than services under this section;
and

(5) the costs of other services that will be separately reimbursed.

(d) The rate for intensive residential treatment services and assertive community treatment
must excludenew text begin the medical assistancenew text end room and boardnew text begin ratenew text end , as defined in section deleted text begin 256I.03,
subdivision 6deleted text end new text begin 256B.056, subdivision 5dnew text end , and services not covered under this section, such
as partial hospitalization, home care, and inpatient services.

(e) Physician services that are not separately billed may be included in the rate to the
extent that a psychiatrist, or other health care professional providing physician services
within their scope of practice, is a member of the intensive residential treatment services
treatment team. Physician services, whether billed separately or included in the rate, may
be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning
given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth
is used to provide intensive residential treatment services.

(f) When services under this section are provided by an assertive community treatment
provider, case management functions must be an integral part of the team.

(g) The rate for a provider must not exceed the rate charged by that provider for the
same service to other payors.

(h) The rates for existing programs must be established prospectively based upon the
expenditures and utilization over a prior 12-month period using the criteria established in
paragraph (c). The rates for new programs must be established based upon estimated
expenditures and estimated utilization using the criteria established in paragraph (c).

(i) Entities who discontinue providing services must be subject to a settle-up process
whereby actual costs and reimbursement for the previous 12 months are compared. In the
event that the entity was paid more than the entity's actual costs plus any applicable
performance-related funding due the provider, the excess payment must be reimbursed to
the department. If a provider's revenue is less than actual allowed costs due to lower
utilization than projected, the commissioner may reimburse the provider to recover its actual
allowable costs. The resulting adjustments by the commissioner must be proportional to the
percent of total units of service reimbursed by the commissioner and must reflect a difference
of greater than five percent.

(j) A provider may request of the commissioner a review of any rate-setting decision
made under this subdivision.

Sec. 3.

Minnesota Statutes 2022, section 256B.0625, subdivision 3a, is amended to read:


Subd. 3a.

deleted text begin Sex reassignment surgerydeleted text end new text begin Gender confirmation servicesnew text end .

deleted text begin Sex reassignment
surgery is not covereddeleted text end new text begin Medical Assistance covers gender confirmation servicesnew text end .

Sec. 4.

Minnesota Statutes 2022, section 256B.0625, subdivision 16, is amended to read:


Subd. 16.

Abortion services.

Medical assistance covers abortion services, but only if
one of the following conditions is met:

deleted text begin (a) The abortion is a medical necessity. "Medical necessity" means (1) the signed written
statement of two physicians indicating the abortion is medically necessary to prevent the
death of the mother, and (2) the patient has given her consent to the abortion in writing
unless the patient is physically or legally incapable of providing informed consent to the
procedure, in which case consent will be given as otherwise provided by law;
 deleted text end

deleted text begin (b) The pregnancy is the result of criminal sexual conduct as defined in section 609.342,
subdivision 1, clauses (a), (b), (c)(i) and (ii), and (e), and subdivision 1a, clauses (a), (b),
(c)(i) and (ii), and (d), and the incident is reported within 48 hours after the incident occurs
to a valid law enforcement agency for investigation, unless the victim is physically unable
to report the criminal sexual conduct, in which case the report shall be made within 48 hours
after the victim becomes physically able to report the criminal sexual conduct; or
 deleted text end

deleted text begin (c) The pregnancy is the result of incest, but only if the incident and relative are reported
to a valid law enforcement agency for investigation prior to the abortion.
 deleted text end

new text begin (1) the person suffers from a physical disorder, physical injury, or physical illness,
including a life-endangering physical condition caused by or arising from the pregnancy
itself that would, as certified by a physician, place the person in danger of death unless the
abortion is performed;
 new text end

new text begin (2) the pregnancy resulted from rape;
 new text end

new text begin (3) the pregnancy resulted from incest; or
 new text end

new text begin (4) the abortion is being done for other health or therapeutic reasons.
 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. 5.

Minnesota Statutes 2022, section 256B.0946, subdivision 6, is amended to read:


Subd. 6.

Excluded services.

(a) Services in clauses (1) to (7) are not covered under this
section and are not eligible for medical assistance payment as components of children's
intensive behavioral health services, but may be billed separately:

(1) inpatient psychiatric hospital treatment;

(2) mental health targeted case management;

(3) partial hospitalization;

(4) medication management;

(5) children's mental health day treatment services;

(6) crisis response services under section 256B.0624;

(7) transportation; and

(8) mental health certified family peer specialist services under section 256B.0616.

(b) Children receiving intensive behavioral health services are not eligible for medical
assistance reimbursement for the following services while receiving children's intensive
behavioral health services:

(1) psychotherapy and skills training components of children's therapeutic services and
supports under section 256B.0943;

(2) mental health behavioral aide services as defined in section 256B.0943, subdivision
1, paragraph (l);

(3) home and community-based waiver services;

(4) mental health residential treatment; and

(5)new text begin medical assistancenew text end room and board deleted text begin costsdeleted text end new text begin rate,new text end as defined in section deleted text begin 256I.03,
subdivision 6deleted text end new text begin 256B.056, subdivision 5dnew text end .

Sec. 6.

Minnesota Statutes 2022, section 256B.0947, subdivision 7a, is amended to read:


Subd. 7a.

Noncovered services.

(a) The rate for intensive rehabilitative mental health
services does not include medical assistance payment for services in clauses (1) to (7).
Services not covered under this paragraph may be billed separately:

(1) inpatient psychiatric hospital treatment;

(2) partial hospitalization;

(3) children's mental health day treatment services;

(4) physician services outside of care provided by a psychiatrist serving as a member of
the treatment team;

(5)new text begin medical assistancenew text end room and board deleted text begin costsdeleted text end new text begin ratenew text end , as defined in section deleted text begin 256I.03,
subdivision 6deleted text end new text begin 256B.056, subdivision 5dnew text end ;

(6) home and community-based waiver services; and

(7) other mental health services identified in the child's individualized education program.

(b) The following services are not covered under this section and are not eligible for
medical assistance payment while youth are receiving intensive rehabilitative mental health
services:

(1) mental health residential treatment; and

(2) mental health behavioral aide services, as defined in section 256B.0943, subdivision
1, paragraph (l).

Sec. 7.

Minnesota Statutes 2022, section 256L.03, subdivision 1, is amended to read:


Subdivision 1.

Covered health services.

(a) "Covered health services" means the health
services reimbursed under chapter 256B, with the exception of special education services,
home care nursing services, adult dental care services other than services covered under
section 256B.0625, subdivision 9, orthodontic services, nonemergency medical transportation
services, personal care assistance and case management services, community first services
and supports under section 256B.85, behavioral health home services under section
256B.0757, housing stabilization services under section 256B.051, and nursing home or
intermediate care facilities services.

deleted text begin (b) No public funds shall be used for coverage of abortion under MinnesotaCare except
where the life of the female would be endangered or substantial and irreversible impairment
of a major bodily function would result if the fetus were carried to term; or where the
pregnancy is the result of rape or incest.
 deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end Covered health services shall be expanded as provided in this section.

deleted text begin (d)deleted text end new text begin (c)new text end For the purposes of covered health services under this section, "child" means an
individual younger than 19 years of age.

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. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Minnesota Statutes 2022, section 256I.03, subdivision 6, new text end new text begin is repealed.
 new text end

new text begin Subd. 2. new text end

new text begin Minnesota Rules, part 9505.0235, new text end new text begin is repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin The repeal of the subdivision in subdivision 2 is effective the
day following final enactment.
 new text end

ARTICLE 6

HUMAN SERVICES LICENSING AND OFFICE OF INSPECTOR GENERAL

Section 1.

Minnesota Statutes 2022, section 13.46, subdivision 4, is amended to read:


Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" are all data collected, maintained, used, or disseminated by the
welfare system pertaining to persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under the authority of the
commissioner of human servicesnew text begin . "Licensing data" includes data pertaining to persons or
government entities certified under chapter 245H or section 245I.20. "License holder"
includes "certification holder" under section 245H.01, subdivision 4, and a person or
government entity issued a certification under section 245I.20new text end ;

(2) "client" means a person who is receiving services from a licensee or from an applicant
for licensure; and

(3) "personal and personal financial data" are Social Security numbers, identity of and
letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.

(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license
holders, and former licensees are public: name, address, telephone number of licensees,new text begin the
public email address provided by nonfamily foster care license holder,new text end date of receipt of a
completed application, dates of licensure, licensed capacity, type of client preferred, variances
granted, record of training and education in child care and child development, type of
dwelling, name and relationship of other family members, previous license history, class
of license, the existence and status of complaints, and the number of serious injuries to or
deaths of individuals in the licensed program as reported to the commissioner of human
services, the local social services agency, or any other county welfare agency. For purposes
of this clause, a serious injury is one that is treated by a physician.

(ii) Except as provided in item (v), when a correction order, an order to forfeit a fine,
an order of license suspension, an order of temporary immediate suspension, an order of
license revocation, an order of license denial, or an order of conditional license has been
issued, or a complaint is resolved, the following data on current and former licensees and
applicants are public: the general nature of the complaint or allegations leading to the
temporary immediate suspension; the substance and investigative findings of the licensing
or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence
of settlement negotiations; the record of informal resolution of a licensing violation; orders
of hearing; findings of fact; conclusions of law; specifications of the final correction order,
fine, suspension, temporary immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; whether a fine has been paid; and the status of
any appeal of these actions.

(iii) When a license denial under section 245A.05 or a sanction under section 245A.07
is based on a determination that a license holder, applicant, or controlling individual is
responsible for maltreatment under section 626.557 or chapter 260E, the identity of the
applicant, license holder, or controlling individual as the individual responsible for
maltreatment is public data at the time of the issuance of the license denial or sanction.

(iv) When a license denial under section 245A.05 or a sanction under section 245A.07
is based on a determination that a license holder, applicant, or controlling individual is
disqualified under chapter 245C, the identity of the license holder, applicant, or controlling
individual as the disqualified individual and the reason for the disqualification are public
data at the time of the issuance of the licensing sanction or denial. If the applicant, license
holder, or controlling individual requests reconsideration of the disqualification and the
disqualification is affirmed, the reason for the disqualification and the reason to not set aside
the disqualification are public data.

(v) A correction order or fine issued to a child care provider for a licensing violation is
private data on individuals under section 13.02, subdivision 12, or nonpublic data under
section 13.02, subdivision 9, if the correction order or fine is seven years old or older.

(2) For applicants who withdraw their application prior to licensure or denial of a license,
the following data are public: the name of the applicant, the city and county in which the
applicant was seeking licensure, the dates of the commissioner's receipt of the initial
application and completed application, the type of license sought, and the date of withdrawal
of the application.

(3) For applicants who are denied a license, the following data are public: the name and
address of the applicant, the city and county in which the applicant was seeking licensure,
the dates of the commissioner's receipt of the initial application and completed application,
the type of license sought, the date of denial of the application, the nature of the basis for
the denial, the existence of settlement negotiations, the record of informal resolution of a
denial, orders of hearings, findings of fact, conclusions of law, specifications of the final
order of denial, and the status of any appeal of the denial.

(4) When maltreatment is substantiated under section 626.557 or chapter 260E and the
victim and the substantiated perpetrator are affiliated with a program licensed under chapter
245A, the commissioner of human services, local social services agency, or county welfare
agency may inform the license holder where the maltreatment occurred of the identity of
the substantiated perpetrator and the victim.

(5) Notwithstanding clause (1), for child foster care, only the name of the license holder
and the status of the license are public if the county attorney has requested that data otherwise
classified as public data under clause (1) be considered private data based on the best interests
of a child in placement in a licensed program.

(c) The following are private data on individuals under section 13.02, subdivision 12,
or nonpublic data under section 13.02, subdivision 9: personal and personal financial data
on family day care program and family foster care program applicants and licensees and
their family members who provide services under the license.

(d) The following are private data on individuals: the identity of persons who have made
reports concerning licensees or applicants that appear in inactive investigative data, and the
records of clients or employees of the licensee or applicant for licensure whose records are
received by the licensing agency for purposes of review or in anticipation of a contested
matter. The names of reporters of complaints or alleged violations of licensing standards
under chapters 245A, 245B, 245C, and 245D, and applicable rules and alleged maltreatment
under section 626.557 and chapter 260E, are confidential data and may be disclosed only
as provided in section 260E.21, subdivision 4; 260E.35; or 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this
subdivision become public data if submitted to a court or administrative law judge as part
of a disciplinary proceeding in which there is a public hearing concerning a license which
has been suspended, immediately suspended, revoked, or denied.

(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.

(g) Data that are not public data collected, maintained, used, or disseminated under this
subdivision that relate to or are derived from a report as defined in section 260E.03, or
626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35,
subdivision 6, and 626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.557 or chapter 260E may be exchanged with the Department of
Health for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant to
section 241.021.

(i) Data on individuals collected according to licensing activities under chapters 245A
and 245C, data on individuals collected by the commissioner of human services according
to investigations under section 626.557 and chapters 245A, 245B, 245C, 245D, and 260E
may be shared with the Department of Human Rights, the Department of Health, the
Department of Corrections, the ombudsman for mental health and developmental disabilities,
and the individual's professional regulatory board when there is reason to believe that laws
or standards under the jurisdiction of those agencies may have been violated or the
information may otherwise be relevant to the board's regulatory jurisdiction. Background
study data on an individual who is the subject of a background study under chapter 245C
for a licensed service for which the commissioner of human services is the license holder
may be shared with the commissioner and the commissioner's delegate by the licensing
division. Unless otherwise specified in this chapter, the identity of a reporter of alleged
maltreatment or licensing violations may not be disclosed.

(j) In addition to the notice of determinations required under sections 260E.24,
subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the
commissioner or the local social services agency has determined that an individual is a
substantiated perpetrator of maltreatment of a child based on sexual abuse, as defined in
section 260E.03, and the commissioner or local social services agency knows that the
individual is a person responsible for a child's care in another facility, the commissioner or
local social services agency shall notify the head of that facility of this determination. The
notification must include an explanation of the individual's available appeal rights and the
status of any appeal. If a notice is given under this paragraph, the government entity making
the notification shall provide a copy of the notice to the individual who is the subject of the
notice.

(k) All not public data collected, maintained, used, or disseminated under this subdivision
and subdivision 3 may be exchanged between the Department of Human Services, Licensing
Division, and the Department of Corrections for purposes of regulating services for which
the Department of Human Services and the Department of Corrections have regulatory
authority.

Sec. 2.

Minnesota Statutes 2022, section 62V.05, subdivision 4a, is amended to read:


Subd. 4a.

Background study required.

(a) The board must initiate background studies
under section 245C.031 of:

(1) each navigator;

(2) each in-person assister; and

(3) each certified application counselor.

(b) The board may initiate the background studies required by paragraph (a) using the
online NETStudy 2.0 system operated by the commissioner of human services.

(c) The board shall not permit any individual to provide any service or function listed
in paragraph (a) until deleted text begin the board has received notification from the commissioner of human
services indicating that the individualdeleted text end :

(1)new text begin the board has evaluated any notification received from the commissioner of human
services indicating the individual's potential disqualifications and has determined that the
individualnew text end is not disqualified under chapter 245C; or

(2)new text begin the board has determined that the individualnew text end is disqualifieddeleted text begin ,deleted text end but has deleted text begin receiveddeleted text end new text begin grantednew text end
a set aside deleted text begin from the boarddeleted text end of that disqualification according to sections 245C.22 and 245C.23.

(d) The board or its delegate shall review a reconsideration request of an individual in
paragraph (a), including granting a set aside, according to the procedures and criteria in
chapter 245C. The board shall notify the individual and the Department of Human Services
of the board's decision.

Sec. 3.

new text begin [119B.162] RECONSIDERATION OF CORRECTION ORDERS.
 new text end

new text begin (a) If a provider believes that the contents of the commissioner's correction order are in
error, the provider may ask the Department of Human Services 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 30 calendar
days from the date the correction order was mailed to the provider, 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. The commissioner's decision is appealable by
petition for writ of certiorari under chapter 606.
 new text end

Sec. 4.

Minnesota Statutes 2022, section 122A.18, subdivision 8, is amended to read:


Subd. 8.

Background studies.

(a) The Professional Educator Licensing and Standards
Board and the Board of School Administrators must initiate criminal history background
studies of all first-time applicants for educator new text begin and administrator new text end licenses under their
jurisdiction. Applicants must include with their licensure applications:

(1) an executed criminal history consent form, including fingerprints; and

(2) payment to conduct the background study. The Professional Educator Licensing and
Standards Board must deposit payments received under this subdivision in an account in
the special revenue fund. Amounts in the account are annually appropriated to the
Professional Educator Licensing and Standards Board to pay for the costs of background
studies on applicants for licensure.

(b) The background study for all first-time deleted text begin teachingdeleted text end applicants fornew text begin educatornew text end licenses
must include a review of information from the Bureau of Criminal Apprehension, including
criminal history data as defined in section 13.87, and must also include a review of the
national criminal records repository. The superintendent of the Bureau of Criminal
Apprehension is authorized to exchange fingerprints with the Federal Bureau of Investigation
for purposes of the criminal history check.

(c) The Professional Educator Licensing and Standards Board may initiate criminal
history background studies through the commissioner of human services according to section
245C.031 to obtain background study data required under this chapter.

Sec. 5.

Minnesota Statutes 2022, section 245A.02, subdivision 5a, is amended to read:


Subd. 5a.

Controlling individual.

(a) "Controlling individual" means an owner of a
program or service provider licensed under this chapter and the following individuals, if
applicable:

(1) each officer of the organization, including the chief executive officer and chief
financial officer;

(2) the individual designated as the authorized agent under section 245A.04, subdivision
1, paragraph (b);

(3) the individual designated as the compliance officer under section 256B.04, subdivision
21, paragraph (g);

(4) each managerial official whose responsibilities include the direction of the
management or policies of a program; deleted text begin and
deleted text end

(5) the individual designated as the primary provider of care for a special family child
care program under section 245A.14, subdivision 4, paragraph (i)deleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) the president and treasurer of the board of directors of a nonprofit corporation.
 new text end

(b) Controlling individual does not include:

(1) a bank, savings bank, trust company, savings association, credit union, industrial
loan and thrift company, investment banking firm, or insurance company unless the entity
operates a program directly or through a subsidiary;

(2) an individual who is a state or federal official, or state or federal employee, or a
member or employee of the governing body of a political subdivision of the state or federal
government that operates one or more programs, unless the individual is also an officer,
owner, or managerial official of the program, receives remuneration from the program, or
owns any of the beneficial interests not excluded in this subdivision;

(3) an individual who owns less than five percent of the outstanding common shares of
a corporation:

(i) whose securities are exempt under section 80A.45, clause (6); or

(ii) whose transactions are exempt under section 80A.46, clause (2);

(4) an individual who is a member of an organization exempt from taxation under section
290.05, unless the individual is also an officer, owner, or managerial official of the program
or owns any of the beneficial interests not excluded in this subdivision. This clause does
not exclude from the definition of controlling individual an organization that is exempt from
taxation; or

(5) an employee stock ownership plan trust, or a participant or board member of an
employee stock ownership plan, unless the participant or board member is a controlling
individual according to paragraph (a).

(c) For purposes of this subdivision, "managerial official" means an individual who has
the decision-making authority related to the operation of the program, and the responsibility
for the ongoing management of or direction of the policies, services, or employees of the
program. A site director who has no ownership interest in the program is not considered to
be a managerial official for purposes of this definition.

Sec. 6.

Minnesota Statutes 2022, section 245A.02, subdivision 10b, is amended to read:


Subd. 10b.

Owner.

"Owner" means an individual or organization that has a direct or
indirect ownership interest of five percent or more in a program licensed under this chapter.
For purposes of this subdivision, "direct ownership interest" means the possession of equity
in capital, stock, or profits of an organization, and "indirect ownership interest" means a
direct ownership interest in an entity that has a direct or indirect ownership interest in a
licensed program. For purposes of this chapter, "owner of deleted text begin a nonprofit corporation" means
the president and treasurer of the board of directors or, for an entity owned bydeleted text end an employee
stock ownership plandeleted text begin ,deleted text end new text begin "new text end means the president and treasurer of the entity. A government entitynew text begin
or nonprofit corporationnew text end that is issued a license under this chapter shall be designated the
owner.

Sec. 7.

Minnesota Statutes 2022, section 245A.04, subdivision 1, is amended to read:


Subdivision 1.

Application for licensure.

(a) An individual, organization, or government
entity that is subject to licensure under section 245A.03 must apply for a license. The
application must be made on the forms and in the manner prescribed by the commissioner.
The commissioner shall provide the applicant with instruction in completing the application
and provide information about the rules and requirements of other state agencies that affect
the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
Minnesota must have a program office located within 30 miles of the Minnesota border.
An applicant who intends to buy or otherwise acquire a program or services licensed under
this chapter that is owned by another license holder must apply for a license under this
chapter and comply with the application procedures in this section and section deleted text begin 245A.03deleted text end new text begin
245A.043new text end .

The commissioner shall act on the application within 90 working days after a complete
application and any required reports have been received from other state agencies or
departments, counties, municipalities, or other political subdivisions. The commissioner
shall not consider an application to be complete until the commissioner receives all of the
required information.

When the commissioner receives an application for initial licensure 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.

(b) An application for licensure must identify all controlling individuals as defined in
section 245A.02, subdivision 5a, and must designate one individual to be the authorized
agent. The application must be signed by the authorized agent and must include the authorized
agent's first, middle, and last name; mailing address; and email address. By submitting an
application for licensure, the authorized agent consents to electronic communication with
the commissioner throughout the application process. The authorized agent must be
authorized to accept service on behalf of all of the controlling individuals. A government
entity that holds multiple licenses under this chapter may designate one authorized agent
for all licenses issued under this chapter or may designate a different authorized agent for
each license. Service on the authorized agent is service on all of the controlling individuals.
It is not a defense to any action arising under this chapter that service was not made on each
controlling individual. The designation of a controlling individual as the authorized agent
under this paragraph does not affect the legal responsibility of any other controlling individual
under this chapter.

(c) An applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for persons served
by the program, from abusing prescription medication or being in any manner under the
influence of a chemical that impairs the individual's ability to provide services or care. The
license holder must train employees, subcontractors, and volunteers about the program's
drug and alcohol policy.

(d) An applicant and license holder must have a program grievance procedure that permits
persons served by the program and their authorized representatives to bring a grievance to
the highest level of authority in the program.

(e) The commissioner may limit communication during the application process to the
authorized agent or the controlling individuals identified on the license application and for
whom a background study was initiated under chapter 245C. The commissioner may require
the applicant, except for child foster care, to demonstrate competence in the applicable
licensing requirements by successfully completing a written examination. The commissioner
may develop a prescribed written examination format.

(f) When an applicant is an individual, the applicant must provide:

(1) the applicant's taxpayer identification numbers including the Social Security number
or Minnesota tax identification number, and federal employer identification number if the
applicant has employees;

(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, if any;

(3) if doing business under a different name, the doing business as (DBA) name, as
registered with the secretary of state;

(4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique
Minnesota Provider Identifier (UMPI) number; and

(5) at the request of the commissioner, the notarized signature of the applicant or
authorized agentdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) except for family foster care providers, an email address that will be made public
subject to the requirements under section 13.46, subdivision 4, paragraph (b), clause (1),
item (i).
 new text end

(g) When an applicant is an organization, the applicant must provide:

(1) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;

(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, and if doing business under a different
name, the doing business as (DBA) name, as registered with the secretary of state;

(3) the first, middle, and last name, and address for all individuals who will be controlling
individuals, including all officers, owners, and managerial officials as defined in section
245A.02, subdivision 5a, and the date that the background study was initiated by the applicant
for each controlling individual;

(4) if applicable, the applicant's NPI number and UMPI number;

(5) the documents that created the organization and that determine the organization's
internal governance and the relations among the persons that own the organization, have
an interest in the organization, or are members of the organization, in each case as provided
or authorized by the organization's governing statute, which may include a partnership
agreement, bylaws, articles of organization, organizational chart, and operating agreement,
or comparable documents as provided in the organization's governing statute; deleted text begin and
deleted text end

(6) the notarized signature of the applicant or authorized agentdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (7) an email address that will be made public subject to the requirements under section
13.46, subdivision 4, paragraph (b), clause (1), item (i).
 new text end

(h) When the applicant is a government entity, the applicant must provide:

(1) the name of the government agency, political subdivision, or other unit of government
seeking the license and the name of the program or services that will be licensed;

(2) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;

(3) a letter signed by the manager, administrator, or other executive of the government
entity authorizing the submission of the license application; and

(4) if applicable, the applicant's NPI number and UMPI numberdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (5) an email address that will be made public subject to the requirements under section
13.46, subdivision 4, paragraph (b), clause (1), item (i).
 new text end

(i) At the time of application for licensure or renewal of a license under this chapter, the
applicant or license holder must acknowledge on the form provided by the commissioner
if the applicant or license holder elects to receive any public funding reimbursement from
the commissioner for services provided under the license that:

(1) the applicant's or license holder's compliance with the provider enrollment agreement
or registration requirements for receipt of public funding may be monitored by the
commissioner as part of a licensing investigation or licensing inspection; and

(2) noncompliance with the provider enrollment agreement or registration requirements
for receipt of public funding that is identified through a licensing investigation or licensing
inspection, or noncompliance with a licensing requirement that is a basis of enrollment for
reimbursement for a service, may result in:

(i) a correction order or a conditional license under section 245A.06, or sanctions under
section 245A.07;

(ii) nonpayment of claims submitted by the license holder for public program
reimbursement;

(iii) recovery of payments made for the service;

(iv) disenrollment in the public payment program; or

(v) other administrative, civil, or criminal penalties as provided by law.

new text begin EFFECTIVE DATE. new text end

new text begin The change to paragraph (a) is effective the day following final
enactment.
 new text end

Sec. 8.

Minnesota Statutes 2022, section 245A.04, subdivision 4, is amended to read:


Subd. 4.

Inspections; waiver.

(a) Before issuing a license under this chapter, the
commissioner shall conduct an inspection of the program. The inspection must include but
is not limited to:

(1) an inspection of the physical plant;

(2) an inspection of records and documents;

(3) observation of the program in operation; and

(4) an inspection for the health, safety, and fire standards in licensing requirements for
a child care license holder.

(b) The observation in paragraph (a), clause (3), is not required prior to issuing a license
under subdivision 7. If the commissioner issues a license under this chapter, these
requirements must be completed within one year after the issuance of the license.

(c) Before completing a licensing inspection in a family child care program or child care
center, the licensing agency must offer the license holder an exit interview to discuss
violations or potential violations of law or rule observed during the inspection and offer
technical assistance on how to comply with applicable laws and rules. The commissioner
shall not issue a correction order or negative licensing action for violations of law or rule
not discussed in an exit interview, unless a license holder chooses not to participate in an
exit interview or not to complete the exit interview. If the license holder is unable to complete
the exit interview, the licensing agency must offer an alternate time for the license holder
to complete the exit interview.

(d) If a family child care license holder disputes a county licensor's interpretation of a
licensing requirement during a licensing inspection or exit interview, the license holder
may, within five business days after the exit interview or licensing inspection, request
clarification from the commissioner, in writing, in a manner prescribed by the commissioner.
The license holder's request must describe the county licensor's interpretation of the licensing
requirement at issue, and explain why the license holder believes the county licensor's
interpretation is inaccurate. The commissioner and the county must include the license
holder in all correspondence regarding the disputed interpretation, and must provide an
opportunity for the license holder to contribute relevant information that may impact the
commissioner's decision. The county licensor must not issue a correction order related to
the disputed licensing requirement until the commissioner has provided clarification to the
license holder about the licensing requirement.

(e) The commissioner or the county shall inspect at least deleted text begin annuallydeleted text end new text begin once each calendar
yearnew text end a child care provider licensed under this chapter and Minnesota Rules, chapter 9502
or 9503, for compliance with applicable licensing standards.

(f) No later than November 19, 2017, the commissioner shall make publicly available
on the department's website the results of inspection reports of all child care providers
licensed under this chapter and under Minnesota Rules, chapter 9502 or 9503, and the
number of deaths, serious injuries, and instances of substantiated child maltreatment that
occurred in licensed child care settings each year.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2022, section 245A.04, subdivision 7, is amended to read:


Subd. 7.

Grant of license; license extension.

(a) If the commissioner determines that
the program complies with all applicable rules and laws, the commissioner shall issue a
license consistent with this section or, if applicable, a temporary change of ownership license
under section 245A.043. At minimum, the license shall state:

(1) the name of the license holder;

(2) the address of the program;

(3) the effective date and expiration date of the license;

(4) the type of license;

(5) the maximum number and ages of persons that may receive services from the program;
deleted text begin and
deleted text end

(6) any special conditions of licensuredeleted text begin .deleted text end new text begin ; and
new text end

new text begin (7) the public email address of the program.
 new text end

(b) The commissioner may issue a license for a period not to exceed two years if:

(1) the commissioner is unable to conduct the deleted text begin evaluation ordeleted text end observation required by
subdivision 4, paragraph (a), clause deleted text begin (4)deleted text end new text begin (3)new text end , because the program is not yet operational;

(2) certain records and documents are not available because persons are not yet receiving
services from the program; and

(3) the applicant complies with applicable laws and rules in all other respects.

(c) A decision by the commissioner to issue a license does not guarantee that any person
or persons will be placed or cared for in the licensed program.

(d) Except as provided in paragraphs (f) and (g), the commissioner shall not issue or
reissue a license if the applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set aside and no variance has been
granted;

(2) been denied a license under this chapter, within the past two years;

(3) had a license issued under this chapter revoked within the past five years;

(4) an outstanding debt related to a license fee, licensing fine, or settlement agreement
for which payment is delinquent; or

(5) failed to submit the information required of an applicant under subdivision 1,
paragraph (f) deleted text begin ordeleted text end new text begin ,new text end (g),new text begin or (h),new text end after being requested by the commissioner.

When a license issued under this chapter is revoked under clause (1) or (3), the license
holder and controlling individual may not hold any license under chapter 245A for five
years following the revocation, and other licenses held by the applicant, license holder, or
controlling individual shall also be revoked.

(e) The commissioner shall not issue or reissue a license under this chapter if an individual
living in the household where the services will be provided as specified under section
245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside
and no variance has been granted.

(f) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued
under this chapter has been suspended or revoked and the suspension or revocation is under
appeal, the program may continue to operate pending a final order from the commissioner.
If the license under suspension or revocation will expire before a final order is issued, a
temporary provisional license may be issued provided any applicable license fee is paid
before the temporary provisional license is issued.

(g) Notwithstanding paragraph (f), when a revocation is based on the disqualification
of a controlling individual or license holder, and the controlling individual or license holder
is ordered under section 245C.17 to be immediately removed from direct contact with
persons receiving services or is ordered to be under continuous, direct supervision when
providing direct contact services, the program may continue to operate only if the program
complies with the order and submits documentation demonstrating compliance with the
order. If the disqualified individual fails to submit a timely request for reconsideration, or
if the disqualification is not set aside and no variance is granted, the order to immediately
remove the individual from direct contact or to be under continuous, direct supervision
remains in effect pending the outcome of a hearing and final order from the commissioner.

(h) For purposes of reimbursement for meals only, under the Child and Adult Care Food
Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226,
relocation within the same county by a licensed family day care provider, shall be considered
an extension of the license for a period of no more than 30 calendar days or until the new
license is issued, whichever occurs first, provided the county agency has determined the
family day care provider meets licensure requirements at the new location.

(i) Unless otherwise specified by statute, all licenses issued under this chapter expire at
12:01 a.m. on the day after the expiration date stated on the license. A license holder must
apply for and be granted a new license to operate the program or the program must not be
operated after the expiration date.

(j) The commissioner shall not issue or reissue a license under this chapter if it has been
determined that a tribal licensing authority has established jurisdiction to license the program
or service.

new text begin EFFECTIVE DATE. new text end

new text begin The changes to paragraphs (b) and (d) are effective the day
following final enactment.
 new text end

Sec. 10.

Minnesota Statutes 2022, section 245A.041, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin First date of direct contact; documentation requirements. new text end

new text begin Except for family
child care, family foster care for children, and family adult day services that the license
holder provides in the license holder's residence, license holders must document the first
date that a background study subject has direct contact, as defined in section 245C.02,
subdivision 11, with a person served by the license holder's program. Unless this chapter
otherwise requires, if the license holder does not maintain the documentation required by
this subdivision in the license holder's personnel files, the license holder must provide the
documentation to the commissioner upon the commissioner's request.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
 new text end

Sec. 11.

Minnesota Statutes 2022, section 245A.05, is amended to read:


245A.05 DENIAL OF APPLICATION.

(a) The commissioner may deny a license if an applicant or controlling individual:

(1) fails to submit a substantially complete application after receiving notice from the
commissioner under section 245A.04, subdivision 1;

(2) fails to comply with applicable laws or rules;

(3) knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;

(4) has a disqualification that has not been set aside under section 245C.22 and no
variance has been granted;

(5) has an individual living in the household who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
has not been set aside under section 245C.22, and no variance has been granted;

(6) is associated with an individual who received a background study under section
245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been set aside
under section 245C.22, and no variance has been granted;

(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);

(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
6;

(9) has a history of noncompliance as a license holder or controlling individual with
applicable laws or rules, including but not limited to this chapter and chapters 119B and
245C;

(10) is prohibited from holding a license according to section 245.095; or

(11) for a family foster setting,new text begin has or has an individual who is living in the household
where the licensed services are provided or is otherwise subject to a background study whonew text end
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the deleted text begin individual'sdeleted text end new text begin applicant'snew text end ability to safely provide care to
foster children.

(b) An applicant whose application has been denied by the commissioner must be given
notice of the denial, which must state the reasons for the denial in plain language. Notice
must be given by certified mail or personal service. The notice must state the reasons the
application was denied and must inform the applicant of the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may
appeal the denial by notifying the commissioner in writing by certified mail or personal
service. If mailed, the appeal must be postmarked and sent to the commissioner within 20
calendar days after the applicant received the notice of denial. If an appeal request is made
by personal service, it must be received by the commissioner within 20 calendar days after
the applicant received the notice of denial. Section 245A.08 applies to hearings held to
appeal the commissioner's denial of an application.

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 2022, section 245A.07, subdivision 1, is amended to read:


Subdivision 1.

Sanctions; appeals; license.

(a) In addition to making a license conditional
under section 245A.06, the commissioner may suspend or revoke the license, impose a fine,
or secure an injunction against the continuing operation of the program of a license holder
whonew text begin :
new text end

new text begin (1)new text end does not comply with applicable law or ruledeleted text begin , or whodeleted text end new text begin ;
new text end

new text begin (2)new text end has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
childrennew text begin ; or
new text end

new text begin (3) has an individual living in the household where the licensed services are provided
or is otherwise subject to a background study and the individual has nondisqualifying
background study information, as described in section 245C.05, subdivision 4, that reflects
on the license holder's ability to safely provide care to foster childrennew text end .

When applying sanctions authorized under this section, the commissioner shall consider
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.

(b) If a license holder appeals the suspension or revocation of a license and the license
holder continues to operate the program pending a final order on the appeal, the commissioner
shall issue the license holder a temporary provisional license. Unless otherwise specified
by the commissioner, variances in effect on the date of the license sanction under appeal
continue under the temporary provisional license. If a license holder fails to comply with
applicable law or rule while operating under a temporary provisional license, the
commissioner may impose additional sanctions under this section and section 245A.06, and
may terminate any prior variance. If a temporary provisional license is set to expire, a new
temporary provisional license shall be issued to the license holder upon payment of any fee
required under section 245A.10. The temporary provisional license shall expire on the date
the final order is issued. If the license holder prevails on the appeal, a new nonprovisional
license shall be issued for the remainder of the current license period.

(c) If a license holder is under investigation and the license issued under this chapter is
due to expire before completion of the investigation, the program shall be issued a new
license upon completion of the reapplication requirements and payment of any applicable
license fee. Upon completion of the investigation, a licensing sanction may be imposed
against the new license under this section, section 245A.06, or 245A.08.

(d) Failure to reapply or closure of a license issued under this chapter by the license
holder prior to the completion of any investigation shall not preclude the commissioner
from issuing a licensing sanction under this section or section 245A.06 at the conclusion
of the investigation.

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2022, 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. For suspensions under subdivision 2, paragraph (a), clause (1), 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 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. 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, as defined in section 245A.1435, the commissioner is not required to
demonstrate that an infant died or was injured as a result of the safe sleep violations. For
suspensions under subdivision 2, paragraph (a), clause (2), the burden of proof in expedited
hearings under this subdivision shall be limited to the commissioner's demonstration by a
preponderance of the evidence that, since the license was revoked, the license holder
committed additional violations of law or rule which may adversely affect the health or
safety of persons served by the program.

(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. When an
appeal of a temporary immediate suspension is withdrawn or dismissed, the commissioner
shall issue a final order affirming the temporary immediate suspension within ten calendar
days of the commissioner's receipt of the withdrawal or dismissal. Within 90 calendar days
after new text begin an immediate suspension has been issued and the license holder has not submitted a
timely appeal under subdivision 2, paragraph (b), or within 90 calendar days after new text end a final
order affirming an immediate suspension, the commissioner shall deleted text begin make a determination
regardingdeleted text end new text begin determine:
new text end

new text begin (1)new text end whether a final licensing sanction shall be issued under subdivision 3new text begin , paragraph (a),
clauses (1) to (5)new text end . The license holder shall continue to be prohibited from operation of the
program during this 90-day perioddeleted text begin .deleted text end new text begin ; or
new text end

new text begin (2) whether the outcome of related, ongoing investigations or judicial proceedings are
necessary to determine if a final licensing sanction under subdivision 3, paragraph (a),
clauses (1) to (5), will be issued, and persons served by the program remain at an imminent
risk of harm during the investigation period or proceedings. If so, the commissioner shall
issue a suspension order under subdivision 3, paragraph (a), clause (6).
 new text end

(c) When the final order under paragraph (b) affirms an immediate suspensionnew text begin or the
license holder does not submit a timely appeal of the immediate suspensionnew text end , 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.

new text begin (d) The license holder shall continue to be prohibited from operation of the program
while a suspension order issued under paragraph (b), clause (2), remains in effect.
 new text end

deleted text begin (d)deleted text end new text begin (e)new text end For suspensions under subdivision 2, paragraph (a), clause (3), the burden of
proof in expedited hearings under this subdivision shall be limited to the commissioner's
demonstration by a preponderance of the evidence that a criminal complaint and warrant
or summons was issued for the license holder that was not dismissed, and that the criminal
charge is an offense that involves fraud or theft against a program administered by the
commissioner.

Sec. 14.

Minnesota Statutes 2022, 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 including but not
limited to the requirements of this chapter and chapter 245C;

(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
been disqualified and the disqualification was not set aside and no variance has been granted;

(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;

(4) a license holder is excluded from any program administered by the commissioner
under section 245.095; deleted text begin or
deleted text end

(5) revocation is required under section 245A.04, subdivision 7, paragraph (d)deleted text begin .deleted text end new text begin ;
new text end

new text begin (6) suspension is necessary under subdivision 2a, paragraph (b), clause (2); or
 new text end

new text begin (7) for a family foster setting, a license holder, or an individual living in the household
where the licensed services are provided or who is otherwise subject to a background study
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
children.
 new text end

A license holder who has had a license issued under this chapter 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 in plain language the
reasons the license was suspended or 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 (f) and
(g), 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:

(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a
child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557
for which the license holder is determined responsible for the maltreatment under section
260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);

(ii) if the commissioner determines that a determination of maltreatment for which the
license holder is responsible is the result of maltreatment that meets the definition of serious
maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit
$5,000;

(iii) for a program that operates out of the license holder's home and a program licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license
holder shall not exceed $1,000 for each determination of maltreatment;

(iv) 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

(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule
other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).

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 home and community-based services, as identified in section 245D.03, subdivision
1, and a community residential setting or day services facility license under chapter 245D
where the services are provided, 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 Paragraph (a), clause (7), is effective the day following final
enactment.
 new text end

Sec. 15.

Minnesota Statutes 2022, section 245A.10, subdivision 3, is amended to read:


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.
An applicant for an initial day services facility license under chapter 245D shall submit a
$250 application fee with each new application. 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) deleted text begin to (3)deleted text end new text begin and (2)new text end , an applicant shall apply for a license
to provide services at a specific location.

(1) 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. Notwithstanding paragraph (a), applications received by the
commissioner between July 1, 2013, and December 31, 2013, for licensure of services
provided under chapter 245D must include an application fee that is equal to the annual
license renewal fee under subdivision 4, paragraph (b), or $500, whichever is less.
Applications received by the commissioner after January 1, 2014, must include the application
fee required under paragraph (a). Applicants who meet the modified application criteria
identified in section 245A.042, subdivision 2, are exempt from paying an application fee.

deleted text begin (2) 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 end

deleted text begin (3)deleted text end new text begin (2)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.

(c) The initial application fee charged under this subdivision does not include the
temporary license surcharge under section 16E.22.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

Minnesota Statutes 2022, section 245A.10, subdivision 4, is amended to read:


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

(b)(1) 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 based on revenues derived from
the provision of services that would require licensure under chapter 245D during the calendar
year immediately preceding the year in which the license fee is paid, according to the
following schedule:

License Holder Annual Revenue
 License Fee
less than or equal to $10,000
 $200
greater than $10,000 but less than or
equal to $25,000
 $300
greater than $25,000 but less than or
equal to $50,000
 $400
greater than $50,000 but less than or
equal to $100,000
 $500
greater than $100,000 but less than or
equal to $150,000
 $600
greater than $150,000 but less than or
equal to $200,000
 $800
greater than $200,000 but less than or
equal to $250,000
 $1,000
greater than $250,000 but less than or
equal to $300,000
 $1,200
greater than $300,000 but less than or
equal to $350,000
 $1,400
greater than $350,000 but less than or
equal to $400,000
 $1,600
greater than $400,000 but less than or
equal to $450,000
 $1,800
greater than $450,000 but less than or
equal to $500,000
 $2,000
greater than $500,000 but less than or
equal to $600,000
 $2,250
greater than $600,000 but less than or
equal to $700,000
 $2,500
greater than $700,000 but less than or
equal to $800,000
 $2,750
greater than $800,000 but less than or
equal to $900,000
 $3,000
greater than $900,000 but less than or
equal to $1,000,000
 $3,250
greater than $1,000,000 but less than or
equal to $1,250,000
 $3,500
greater than $1,250,000 but less than or
equal to $1,500,000
 $3,750
greater than $1,500,000 but less than or
equal to $1,750,000
 $4,000
greater than $1,750,000 but less than or
equal to $2,000,000
 $4,250
greater than $2,000,000 but less than or
equal to $2,500,000
 $4,500
greater than $2,500,000 but less than or
equal to $3,000,000
 $4,750
greater than $3,000,000 but less than or
equal to $3,500,000
 $5,000
greater than $3,500,000 but less than or
equal to $4,000,000
 $5,500
greater than $4,000,000 but less than or
equal to $4,500,000
 $6,000
greater than $4,500,000 but less than or
equal to $5,000,000
 $6,500
greater than $5,000,000 but less than or
equal to $7,500,000
 $7,000
greater than $7,500,000 but less than or
equal to $10,000,000
 $8,500
greater than $10,000,000 but less than or
equal to $12,500,000
 $10,000
greater than $12,500,000 but less than or
equal to $15,000,000
 $14,000
greater than $15,000,000
 $18,000

(2) If requested, the license holder shall provide the commissioner information to verify
the license holder's annual revenues or other information as needed, including copies of
documents submitted to the Department of Revenue.

(3) At each annual renewal, a license holder may elect to pay the highest renewal fee,
and not provide annual revenue information to the commissioner.

(4) A license holder 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.

(5) Notwithstanding clause (1), a license holder providing services under one or more
licenses under chapter 245B that are in effect on May 15, 2013, shall pay an annual license
fee for calendar years 2014, 2015, and 2016, equal to the total license fees paid by the license
holder for all licenses held under chapter 245B for calendar year 2013. For calendar year
2017 and thereafter, the license holder shall pay an annual license fee according to clause
(1).

(c) A substance use disorder treatment program licensed under chapter 245G, to provide
substance use disorder 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

(d) A detoxification program licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, or a withdrawal management program licensed under chapter 245F 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

A detoxification program that also operates a withdrawal management program at the same
location shall only pay one fee based upon the licensed capacity of the program with the
higher overall capacity.

(e) 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

(f) A residential facility licensed under section 245I.23 or 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

(g) 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 (h) 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 end

deleted text begin (i)deleted text end new text begin (h)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 (j)deleted text end new text begin (i)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 (k)deleted text end new text begin (j)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 (l)deleted text end new text begin (k)new text end A mental health clinic certified under section 245I.20 shall pay an annual
nonrefundable certification fee of $1,550. If the 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

Minnesota Statutes 2022, section 245A.11, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin License holder qualifications for child foster care. new text end

new text begin (a) Child foster care
license holders must maintain the ability to care for a foster child and ensure a safe home
environment for children placed in their care. License holders must immediately notify the
licensing agency of:
 new text end

new text begin (1) any changes to the license holder or household member's physical or behavioral
health that may affect the license holder's ability to care for a foster child or pose a risk to
a foster child's health; or
 new text end

new text begin (2) changes related to the care of a child or vulnerable adult for whom the license holder
is a parent or legally responsible, including living out of the home for treatment for physical
or behavioral health, modified parenting time arrangements, legal custody, or placement in
foster care.
 new text end

new text begin (b) The licensing agency may request a license holder or household member to undergo
an evaluation by a specialist in areas such as physical or behavioral health to evaluate the
license holder's ability to provide a safe environment for a foster child.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
 new text end

Sec. 18.

Minnesota Statutes 2022, section 245A.14, subdivision 4, is amended to read:


Subd. 4.

Special family child care homes.

new text begin (a) new text end Nonresidential child care programs
serving 14 or fewer children that are conducted at a location other than the license holder's
own residence shall be licensed under this section and the rules governing family child care
or group family child care if:

deleted text begin (a)deleted text end new text begin (1)new text end the license holder is the primary provider of care and the nonresidential child
care program is conducted in a dwelling that is located on a residential lot;

deleted text begin (b)deleted text end new text begin (2)new text end the license holder is an employer who may or may not be the primary provider
of care, and the purpose for the child care program is to provide child care services to
children of the license holder's employees;

deleted text begin (c)deleted text end new text begin (3)new text end the license holder is a church or religious organization;

deleted text begin (d)deleted text end new text begin (4)new text end the license holder is a community collaborative child care provider. For purposes
of this subdivision, a community collaborative child care provider is a provider participating
in a cooperative agreement with a community action agency as defined in section 256E.31;

deleted text begin (e)deleted text end new text begin (5)new text end the license holder is a not-for-profit agency that provides child care in a dwelling
located on a residential lot and the license holder maintains two or more contracts with
community employers or other community organizations to provide child care services.
The county licensing agency may grant a capacity variance to a license holder licensed
under this deleted text begin paragraphdeleted text end new text begin clausenew text end to exceed the licensed capacity of 14 children by no more than
five children during transition periods related to the work schedules of parents, if the license
holder meets the following requirements:

deleted text begin (1)deleted text end new text begin (i)new text end the program does not exceed a capacity of 14 children more than a cumulative
total of four hours per day;

deleted text begin (2)deleted text end new text begin (ii)new text end the program meets a one to seven staff-to-child ratio during the variance period;

deleted text begin (3)deleted text end new text begin (iii)new text end all employees receive at least an extra four hours of training per year than required
in the rules governing family child care each year;

deleted text begin (4)deleted text end new text begin (iv)new text end the facility has square footage required per child under Minnesota Rules, part
9502.0425;

deleted text begin (5)deleted text end new text begin (v)new text end the program is in compliance with local zoning regulations;

deleted text begin (6)deleted text end new text begin (vi)new text end the program is in compliance with the applicable fire code as follows:

deleted text begin (i)deleted text end new text begin (A)new text end if the program serves more than five children older than 2-1/2 years of age, but
no more than five children 2-1/2 years of age or less, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code deleted text begin 2015deleted text end new text begin
2020new text end , Section 202; or

deleted text begin (ii)deleted text end new text begin (B)new text end if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 deleted text begin Occupanciesdeleted text end new text begin Occupancynew text end , as provided in the Minnesota
State Fire Code deleted text begin 2015deleted text end new text begin 2020new text end , Section 202, unless the rooms in which the children new text begin 2-1/2 years
of age or younger new text end are cared for are located on a level of exit discharge and each of these
child care rooms has an exit door directly to the exterior, then the applicable fire code is
Group E deleted text begin occupanciesdeleted text end new text begin Occupancynew text end , as provided in the Minnesota State Fire Code deleted text begin 2015deleted text end new text begin 2020new text end ,
Section 202; and

deleted text begin (7)deleted text end new text begin (vii)new text end any age and capacity limitations required by the fire code inspection and square
footage determinations shall be printed on the license; or

deleted text begin (f)deleted text end new text begin (6)new text end the license holder is the primary provider of care and has located the licensed
child care program in a commercial space, if the license holder meets the following
requirements:

deleted text begin (1)deleted text end new text begin (i)new text end the program is in compliance with local zoning regulations;

deleted text begin (2)deleted text end new text begin (ii)new text end the program is in compliance with the applicable fire code as follows:

deleted text begin (i)deleted text end new text begin (A)new text end if the program serves more than five children older than 2-1/2 years of age, but
no more than five children 2-1/2 years of age or less, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code deleted text begin 2015deleted text end new text begin
2020new text end , Section 202; or

deleted text begin (ii)deleted text end new text begin (B)new text end if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 deleted text begin Occupanciesdeleted text end new text begin Occupancynew text end , as provided under the Minnesota
State Fire Code deleted text begin 2015deleted text end new text begin 2020new text end , Section 202new text begin , unless the rooms in which the children 2-1/2 years
of age or younger are cared for are located on a level of exit discharge and each of these
child care rooms has an exit door directly to the exterior, then the applicable fire code is
Group E Occupancy, as provided in the Minnesota State Fire Code 2020, Section 202new text end ;

deleted text begin (3)deleted text end new text begin (iii)new text end any age and capacity limitations required by the fire code inspection and square
footage determinations are printed on the license; and

deleted text begin (4)deleted text end new text begin (iv)new text end the license holder prominently displays the license issued by the commissioner
which contains the statement "This special family child care provider is not licensed as a
child care center."

deleted text begin (g)deleted text end new text begin (b)new text end Notwithstanding Minnesota Rules, part 9502.0335, subpart 12, the commissioner
may issue up to four licenses to an organization licensed under paragraph deleted text begin (b), (c), or (e)deleted text end new text begin (a),
clause (2), (3), or (5)new text end . Each license must have its own primary provider of care as required
under paragraph deleted text begin (i)deleted text end new text begin (d)new text end . Each license must operate as a distinct and separate program in
compliance with all applicable laws and regulations.

deleted text begin (h)deleted text end new text begin (c)new text end For licenses issued under paragraph deleted text begin (b), (c), (d), (e), or (f)deleted text end new text begin (a), clause (2), (3),
(4), (5), or (6)new text end , the commissioner may approve up to four licenses at the same location or
under one contiguous roof if each license holder is able to demonstrate compliance with all
applicable rules and laws. Each licensed program must operate as a distinct program and
within the capacity, age, and ratio distributions of each license.

deleted text begin (i)deleted text end new text begin (d)new text end For a license issued under paragraph deleted text begin (b), (c), or (e)deleted text end new text begin (a), clause (2), (3), or (5)new text end , the
license holder must designate a person to be the primary provider of care at the licensed
location on a form and in a manner prescribed by the commissioner. The license holder
shall notify the commissioner in writing before there is a change of the person designated
to be the primary provider of care. The primary provider of care:

(1) must be the person who will be the provider of care at the program and present during
the hours of operation;

(2) must operate the program in compliance with applicable laws and regulations under
chapter 245A and Minnesota Rules, chapter 9502;

(3) is considered a child care background study subject as defined in section 245C.02,
subdivision 6a, and must comply with background study requirements in chapter 245C;

(4) must complete the training that is required of license holders in section 245A.50;
and

(5) is authorized to communicate with the county licensing agency and the department
on matters related to licensing.

deleted text begin (j)deleted text end new text begin (e)new text end For any license issued under this subdivision, the license holder must ensure that
any other caregiver, substitute, or helper who assists in the care of children meets the training
requirements in section 245A.50 and background study requirements under chapter 245C.

Sec. 19.

Minnesota Statutes 2022, section 245A.1435, is amended to read:


245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH
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
physician, advanced practice registered nurse, or physician assistant directing an alternative
sleeping position for the infant. The physician, advanced practice registered nurse, or
physician assistant directive must be on a form deleted text begin approveddeleted text end new text begin developednew text end by the commissioner
and must remain on file at the licensed location. 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 if the infant is at least six months of age or the license holder has a signed statement
from the parent indicating that the infant regularly rolls over at home.

(b) The license holder must place the infant in a crib directly on a firm mattress with a
fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
the sheet with reasonable effort. The license holder must not place anything in the crib with
the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title
16, part 1511. new text begin The pacifier must be free from any sort of attachment. new text end The requirements of
this section apply to license holders serving infants younger than one year of age. Licensed
child care providers must meet the crib requirements under section 245A.146. A correction
order shall not be issued under this paragraph unless there is evidence that a violation
occurred when an infant was present in the license holder's care.

(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 begin (d) When a license holder places an infant under one year of age down to sleep, the
infant's clothing or sleepwear must not have weighted materials, a hood, or a bib.
 new text end

new text begin (e) A license holder may place an infant under one year of age down to sleep wearing
a helmet if the license holder has signed documentation by a physician, advanced practice
registered nurse, physician assistant, licensed occupational therapist, or licensed physical
therapist on a form developed by the commissioner.
 new text end

deleted text begin (d)deleted text end new text begin (f)new text end Placing a swaddled infant down to sleep in a licensed setting is not recommended
for an infant of any age and is prohibited for any infant who has begun to roll over
independently. However, with the written consent of a parent or guardian according to this
paragraph, a license holder may place the infant who has not yet begun to roll over on its
own down to sleep in a deleted text begin one-piece sleeper equipped with an attached system that fastens
securely only across the upper torso, with no constriction of the hips or legs, to create adeleted text end
swaddle. new text begin A swaddle is defined as a one-piece sleepwear that wraps over the infant's arms,
fastens securely only across the infant's upper torso, and does not constrict the infant's hips
or legs. If a swaddle is used by a license holder, the license holder must ensure that it meets
the requirements of paragraph (d) and is not so tight that it restricts the infant's ability to
breathe or so loose that the fabric could cover the infant's nose and mouth. new text end Prior to any use
of swaddling for sleep by a provider licensed under this chapter, the license holder must
obtain informed written consent for the use of swaddling from the parent or guardian of the
infant on a form deleted text begin provideddeleted text end new text begin developednew text end by the commissioner deleted text begin and prepared in partnership with
the Minnesota Sudden Infant Death Centerdeleted text end .

new text begin (g) A license holder may request a variance to this section to permit the use of a
cradleboard when requested by a parent or guardian for a cultural accommodation. A variance
for the use of a cradleboard may be issued only by the commissioner. The variance request
must be submitted on a form developed by the commissioner in partnership with Tribal
welfare agencies and the Department of Health.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
 new text end

Sec. 20.

Minnesota Statutes 2022, section 245A.146, subdivision 3, is amended to read:


Subd. 3.

License holder documentation of cribs.

(a) Annually, from the date printed
on the license, all license holders shall check all their cribs' brand names and model numbers
against the United States Consumer Product Safety Commission website listing of unsafe
cribs.

(b) The license holder shall maintain written documentation to be reviewed on site for
each crib showing that the review required in paragraph (a) has been completed, and which
of the following conditions applies:

(1) the crib was not identified as unsafe on the United States Consumer Product Safety
Commission website;

(2) the crib was identified as unsafe on the United States Consumer Product Safety
Commission website, but the license holder has taken the action directed by the United
States Consumer Product Safety Commission to make the crib safe; or

(3) the crib was identified as unsafe on the United States Consumer Product Safety
Commission website, and the license holder has removed the crib so that it is no longer
used by or accessible to children in care.

(c) Documentation of the review completed under this subdivision shall be maintained
by the license holder on site and made available to parents or guardians of children in care
and the commissioner.

(d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider that
complies with this section may use a mesh-sided or fabric-sided play yard, pack and play,
or playpen or crib that has not been identified as unsafe on the United States Consumer
Product Safety Commission website for the care or sleeping of infants.

(e) On at least a monthly basis, the family child care license holder shall perform safety
inspections of every mesh-sided or fabric-sided play yard, pack and play, or playpen used
by or that is accessible to any child in care, and must document the following:

(1) there are no tears, holes, or loose or unraveling threads in mesh or fabric sides of
crib;

(2) the weave of the mesh on the crib is no larger than one-fourth of an inch;

(3) no mesh fabric is unsecure or unattached to top rail and floor plate of crib;

(4) no tears or holes to top rail of crib;

(5) the mattress floor board is not soft and does not exceed one inch thick;

(6) the mattress floor board has no rips or tears in covering;

(7) the mattress floor board in use is deleted text begin a waterproofdeleted text end new text begin annew text end original mattress or replacement
mattress provided by the manufacturer of the crib;

(8) there are no protruding or loose rivets, metal nuts, or bolts on the crib;

(9) there are no knobs or wing nuts on outside crib legs;

(10) there are no missing, loose, or exposed staples; and

(11) the latches on top and side rails used to collapse crib are secure, they lock properly,
and are not loose.

new text begin (f) If a cradleboard is used in a licensed setting, the license holder must check the
cradleboard not less than monthly to ensure the cradleboard is structurally sound and there
are no loose or protruding parts. The license holder shall maintain written documentation
of this review.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
 new text end

Sec. 21.

Minnesota Statutes 2022, 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 deleted text begin and background studies for family child care
under chapter deleted text end deleted text begin 245Cdeleted text end ; 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 deleted text begin except that, before the implementation
of NETStudy 2.0, 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 maltreatmentdeleted text end ;

(6) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours;

(7) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; deleted text begin and
deleted text end

(8) variances to section 245A.53 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in caredeleted text begin .deleted text end new text begin ; and
new text end

new text begin (9) variances to section 245A.1435 for the use of a cradleboard for a cultural
accommodation.
 new 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) A county agency that has been designated by the commissioner to issue family child
care variances must:

(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and

(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.

deleted text begin (c) Before the implementation of NETStudy 2.0, 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.
 deleted text end

deleted text begin (d)deleted text end new text begin (c)new text end For family child care programs, the commissioner shall require a county agency
to conduct one unannounced licensing review at least annually.

deleted text begin (e)deleted text end new text begin (d)new text end 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.

deleted text begin (f)deleted text end new text begin (e)new text end A license issued under this section may be issued for up to two years.

deleted text begin (g)deleted text end new text begin (f)new text end During implementation of chapter 245D, the commissioner shall consider:

(1) the role of counties in quality assurance;

(2) the duties of county licensing staff; and

(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.

Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.

deleted text begin (h)deleted text end new text begin (g)new text end Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county and
private agencies.

deleted text begin (i)deleted text end new text begin (h)new text end A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:

(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;

(2) any death, serious injury, or determination of substantiated maltreatment; and

(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except
for the changes to paragraph (a), clauses (7) to (9), which are effective January 1, 2024.
 new text end

Sec. 22.

Minnesota Statutes 2022, section 245A.16, subdivision 9, is amended to read:


Subd. 9.

Licensed family foster settings.

(a) Before recommending to grant a license,
deny a license under section 245A.05, or revoke a license under section 245A.07 for
nondisqualifying background study information received under section 245C.05, subdivision
4, paragraph (a), clause (3), for a licensed family foster setting, a county agency or private
agency that has been designated or licensed by the commissioner must review the followingnew text begin
for the license holder, applicant, or an individual living in the household where the licensed
services are provided or who is otherwise subject to a background studynew text end :

(1) the type of offenses;

(2) the number of offenses;

(3) the nature of the offenses;

(4) the age of the individual at the time of the offenses;

(5) the length of time that has elapsed since the last offense;

(6) the relationship of the offenses and the capacity to care for a child;

(7) evidence of rehabilitation;

(8) information or knowledge from community members regarding the individual's
capacity to provide foster care;

(9) any available information regarding child maltreatment reports or child in need of
protection or services petitions, or related cases, in which the individual has been involved
or implicated, and documentation that the individual has remedied issues or conditions
identified in child protection or court records that are relevant to safely caring for a child;

(10) a statement from the study subject;

(11) a statement from the license holder; and

(12) other aggravating and mitigating factors.

(b) For purposes of this section, "evidence of rehabilitation" includes but is not limited
to the following:

(1) maintaining a safe and stable residence;

(2) continuous, regular, or stable employment;

(3) successful participation in an education or job training program;

(4) positive involvement with the community or extended family;

(5) compliance with the terms and conditions of probation or parole following the
individual's most recent conviction;

(6) if the individual has had a substance use disorder, successful completion of a substance
use disorder assessment, substance use disorder treatment, and recommended continuing
care, if applicable, demonstrated abstinence from controlled substances, as defined in section
152.01, subdivision 4, or the establishment of a sober network;

(7) if the individual has had a mental illness or documented mental health issues,
demonstrated completion of a mental health evaluation, participation in therapy or other
recommended mental health treatment, or appropriate medication management, if applicable;

(8) if the individual's offense or conduct involved domestic violence, demonstrated
completion of a domestic violence or anger management program, and the absence of any
orders for protection or harassment restraining orders against the individual since the previous
offense or conduct;

(9) written letters of support from individuals of good repute, including but not limited
to employers, members of the clergy, probation or parole officers, volunteer supervisors,
or social services workers;

(10) demonstrated remorse for convictions or conduct, or demonstrated positive behavior
changes; and

(11) absence of convictions or arrests since the previous offense or conduct, including
any convictions that were expunged or pardoned.

(c) An applicant for a family foster setting license must sign all releases of information
requested by the county or private licensing agency.

(d) When licensing a relative for a family foster setting, the commissioner shall also
consider the importance of maintaining the child's relationship with relatives as an additional
significant factor in determining whether an application will be denied.

(e) When recommending that the commissioner deny or revoke a license, the county or
private licensing agency must send a summary of the review completed according to
paragraph (a), on a form developed by the commissioner, to the commissioner and include
any recommendation for licensing action.

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2022, section 245A.16, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Electronic checklist use by family child care licensors. new text end

new text begin County staff who
perform family child care licensing functions must use the commissioner's electronic licensing
checklist in the manner prescribed by the commissioner.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
 new text end

Sec. 24.

Minnesota Statutes 2022, section 245A.18, subdivision 2, is amended to read:


Subd. 2.

Child passenger restraint systems; training requirement.

(a) Programs
licensed by the Department of Human Services under new text begin this chapter and new text end Minnesota Rules,
chapter 2960, that serve a child or children under eight years of age must document training
that fulfills the requirements in this subdivision.new text begin Sections 245A.60, subdivision 4, and
245A.61, subdivision 4, describe training requirements for family foster care and foster
residence settings.
new text end

(b) Before a license holder, staff person, or caregiver transports a child or children under
age eight in a motor vehicle, the person transporting the child must satisfactorily complete
training on the proper use and installation of child restraint systems in motor vehicles.
deleted text begin Training completed under this section may be used to meet initial or ongoing training under
Minnesota Rules, part 2960.3070, subparts 1 and 2.
deleted text end

(c) Training required under this section must be completed at orientation or 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.

(d) Training under paragraph (c) must be provided by individuals who are certified and
approved by the deleted text begin Department of Public Safety,deleted text end Office of Traffic Safetynew text begin within the Department
of Public Safetynew text end . License holders may obtain a list of certified and approved trainers through
the Department of Public Safety website or by contacting the agency.

deleted text begin (e) Notwithstanding paragraph (a), for an emergency relative placement under section
245A.035, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety check up. The child seat safety check up
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety check up must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the other requirements of this subdivision prior to placement
of another foster child younger than eight years of age in the home or prior to the renewal
of the child foster care license.
 deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
 new text end

Sec. 25.

new text begin [245A.211] PRONE RESTRAINT PROHIBITION.
 new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to all programs licensed or certified
under this chapter, chapters 245D, 245F, 245G, 245H, and sections 245I.20 and 245I.23.
The requirements in this section are in addition to any applicable requirements for the use
of holds or restraints for each license or certification type.
 new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) "Mechanical restraint" means a restraint device that limits the
voluntary movement of a person or the person's limbs.
 new text end

new text begin (b) "Prone restraint" means a restraint that places a person in a face-down position with
the person's chest in contact with the floor or other surface.
 new text end

new text begin (c) "Restraint" means a physical hold, physical restraint, manual restraint, restraint
equipment, or mechanical restraint that holds a person immobile or limits the voluntary
movement of a person or the person's limbs.
 new text end

new text begin Subd. 3. new text end

new text begin Prone restraint prohibition. new text end

new text begin (a) A license or certification holder must not use
a prone restraint on any person receiving services in a program, except in the instances
allowed by paragraphs (b) to (d).
 new text end

new text begin (b) If a person rolls into a prone position during the use of a restraint, the person must
be restored to a nonprone position as quickly as possible.
 new text end

new text begin (c) If the applicable licensing requirements allow a program to use mechanical restraints,
a person may be briefly held in a prone restraint for the purpose of applying mechanical
restraints if the person is restored to a nonprone position as quickly as possible.
 new text end

new text begin (d) If the applicable licensing requirements allow a program to use seclusion, a person
may be briefly held in a prone restraint to allow staff to safely exit a seclusion room.
 new text end

new text begin Subd. 4. new text end

new text begin Contraindicated physical restraints. new text end

new text begin A license or certification holder must
not implement a restraint on a person receiving services in a program in a way that is
contraindicated for any of the person's known medical or psychological conditions. Prior
to using restraints on a person, the license or certification holder must assess and document
a determination of any medical or psychological conditions that restraints are contraindicated
for and the type of restraints that will not be used on the person based on this determination.
 new text end

Sec. 26.

Minnesota Statutes 2022, section 245A.52, subdivision 1, is amended to read:


Subdivision 1.

Means of escape.

(a)(1) At least one emergency escape route separate
from the main exit from the space must be available in each room used for sleeping by
anyone receiving licensed care, and (2) a basement used for child care. One means of escape
must be a stairway or door leading to the floor of exit discharge. The other must be a door
or window leading directly outside. A window used as an emergency escape route must be
openable without special knowledge.

(b) In homes with construction that began before deleted text begin May 2, 2016deleted text end new text begin March 31, 2020new text end , the
interior of the window leading directly outside must have a net clear opening area of not
less than 4.5 square feet or 648 square inches and have minimum clear opening dimensions
of 20 inches wide and 20 inches high. new text begin The net clear opening dimensions shall be the result
of normal operation of the opening. new text end The opening must be no higher than 48 inches from the
floor. The height to the window may be measured from a platform if a platform is located
below the window.

(c) In homes with construction that began on or after deleted text begin May 2, 2016deleted text end new text begin March 31, 2020new text end , the
interior of the window leading directly outside must have minimum clear opening dimensions
of 20 inches wide and 24 inches high. The net clear opening dimensions shall be the result
of normal operation of the opening. The opening must be no higher than 44 inches from the
floor.

deleted text begin (d)deleted text end Additional requirements are dependent on the distance of the openings from the ground
outside the window: (1) windows or other openings with a sill height not more than 44
inches above or below the finished ground level adjacent to the opening (grade-floor
emergency escape and rescue openings) must have a minimum opening of five square feet;
and (2) non-grade-floor emergency escape and rescue openings must have a minimum
opening of 5.7 square feet.

Sec. 27.

Minnesota Statutes 2022, section 245A.52, subdivision 2, is amended to read:


Subd. 2.

Door to attached garage.

deleted text begin Notwithstanding Minnesota Rules, part 9502.0425,
subpart 5, day care residences with an attached garage are not required to have a self-closing
door to the residence. The door to the residence may be deleted text end new text begin If there is an opening between an
attached garage and a day care residence, there must be a door that is:
 new text end

new text begin (1) a solid wood bonded-core door at least 1-3/8 inches thick;
 new text end

new text begin (2)new text end a steel insulated door deleted text begin if the door isdeleted text end at least 1-3/8 inches thickdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (3) a door with a fire protection rating of 20 minutes.
 new text end

new text begin The separation wall on the garage side between the residence and garage must consist of
1/2 inch thick gypsum wallboard or its equivalent.
 new text end

Sec. 28.

Minnesota Statutes 2022, section 245A.52, subdivision 3, is amended to read:


Subd. 3.

Heating and venting systems.

new text begin (a) new text end Notwithstanding Minnesota Rules, part
9502.0425, subpart 7, new text begin item C, new text end items that can be ignited and support combustion, including
but not limited to plastic, fabric, and wood products must not be located withinnew text begin :
new text end

new text begin (1)new text end 18 inches of a gas or fuel-oil heater or furnacedeleted text begin .deleted text end new text begin ; or
new text end

new text begin (2) 36 inches of a solid-fuel-burning appliance.
 new text end

new text begin (b)new text end If a license holder produces manufacturer instructions listing a smaller distance, then
the manufacturer instructions control the distance combustible items must be from gas,
fuel-oil, or solid-fuel burning heaters or furnaces.

Sec. 29.

Minnesota Statutes 2022, section 245A.52, subdivision 5, is amended to read:


Subd. 5.

Carbon monoxide and smoke alarms.

(a) All homes must have an approved
and operational carbon monoxide alarm installed within ten feet of each room used for
sleeping children in care.

(b) Smoke alarms that have been listed by the Underwriter Laboratory must be properly
installed and maintained deleted text begin on all levels including basements, but not including crawl spaces
and uninhabitable attics, and in hallways outside rooms used for sleeping children in care.deleted text end new text begin
in hallways outside of rooms used for sleeping children and on all levels, including basements
but not including crawl spaces and uninhabitable attics.
new text end

(c) In homes with construction that began on or after deleted text begin May 2, 2016deleted text end new text begin March 31, 2020new text end ,
smoke alarms must be installed and maintained in each room used for sleeping children in
care.

Sec. 30.

Minnesota Statutes 2022, section 245A.52, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Stairways. new text end

new text begin All stairways must meet the following conditions.
 new text end

new text begin (1) Stairways of four or more steps must have handrails on at least one side.
 new text end

new text begin (2) Any open area between the handrail and stair tread must be enclosed with a protective
guardrail as specified in the State Building Code. At open risers, openings located more
than 30 inches (762 mm), as measured vertically, to the floor or grade below shall not permit
the passage of a sphere four inches (102 mm) in diameter.
 new text end

new text begin (3) Gates or barriers must be used when children between the ages of six and 18 months
are in care.
 new text end

new text begin (4) Stairways must be well lit, in good repair, and free of clutter and obstructions.
 new text end

Sec. 31.

Minnesota Statutes 2022, section 245A.52, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Fire code variances. new text end

new text begin When a variance is requested of the standards contained
in subdivision 1, 2, 3, 4, or 5, an applicant or provider must submit written approval from
the state fire marshal of the variance requested and the alternative measures identified to
ensure the safety of children in care.
 new text end

Sec. 32.

new text begin [245A.60] FAMILY CHILD FOSTER CARE TRAINING REQUIREMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to programs licensed to provide foster
care for children in the license holder's residence. For the purposes of this section, "foster
parent" means a license holder under this chapter. For the purposes of this section, "caregiver"
means a person who provides services to a child according to the child's case plan in a setting
licensed under Minnesota Rules, parts 2960.3000 to 2960.3340.
 new text end

new text begin Subd. 2. new text end

new text begin Orientation. new text end

new text begin (a) Each foster parent applicant must complete a minimum of six
hours of orientation before the commissioner will license the applicant. An applicant's
orientation training hours do not count toward yearly training hours. The commissioner
may grant a variance to the applicant regarding the number of orientation hours that this
subdivision requires.
 new text end

new text begin (b) The foster parent's orientation must include training about the following:
 new text end

new text begin (1) emergency procedures, including evacuation routes, emergency telephone numbers,
severe storm and tornado procedures, and the location of alarms and equipment;
 new text end

new text begin (2) all relevant laws and rules, including this chapter; chapters 260, 260C, 260D, and
260E; Minnesota Rules, chapter 9560; and related legal issues and reporting requirements;
 new text end

new text begin (3) cultural diversity, gender sensitivity, culturally specific services, cultural competence,
and information about discrimination and racial bias to ensure that caregivers are culturally
competent to care for foster children according to section 260C.212, subdivision 11;
 new text end

new text begin (4) the foster parent's roles and responsibilities in developing and implementing the
child's case plan and involvement in court and administrative reviews of the child's placement;
 new text end

new text begin (5) the licensing agency's requirements;
 new text end

new text begin (6) one hour relating to reasonable and prudent parenting standards for the child's
participation in age-appropriate or developmentally appropriate extracurricular, social, or
cultural activities according to section 260C.212, subdivision 14;
 new text end

new text begin (7) two hours relating to children's mental health issues according to subdivision 3;
 new text end

new text begin (8) if subdivision 4 requires, the proper use and installation of child passenger restraint
systems in motor vehicles;
 new text end

new text begin (9) if subdivision 5 requires, at least one hour about reducing the risk of sudden
unexpected infant death and abusive head trauma from shaking infants and young children;
and
 new text end

new text begin (10) if subdivision 6 requires, operating medical equipment.
 new text end

new text begin Subd. 3. new text end

new text begin Mental health training. new text end

new text begin Each foster parent prior to licensure and each caregiver
prior to caring for a foster child must complete two hours of training that addresses the
causes, symptoms, and key warning signs of children's mental health disorders; cultural
considerations; and effective approaches to manage a child's behaviors. Each year, each
foster parent and caregiver must complete at least one hour of training about children's
mental health issues and treatment. A short-term substitute caregiver is exempt from this
subdivision. The commissioner of human services shall approve of a mental health training
curriculum that satisfies the requirements of this subdivision.
 new text end

new text begin Subd. 4. new text end

new text begin Child passenger restraint systems. new text end

new text begin (a) Each foster parent and caregiver must
satisfactorily complete training about the proper use and installation of child passenger
restraint systems in motor vehicles before transporting a child younger than eight years of
age in a motor vehicle.
 new text end

new text begin (b) An individual who is certified and approved by the Office of Traffic Safety within
the Department of Public Safety must provide training about the proper use and installation
of child passenger restraint systems in motor vehicles to each foster parent and caregiver
who transports a child. At a minimum, the training must address the proper use of child
passenger restraint systems based on a child's size, weight, and age, and the proper installation
of a car seat or booster seat in the motor vehicle that will be transporting the child. A foster
parent or caregiver who transports a child must repeat the training in this subdivision at
least once every five years.
 new text end

new text begin (c) Notwithstanding paragraph (a), for an emergency relative placement under section
245A.035, the commissioner may grant a variance to the training required by this subdivision
to a child's relative who completes a child seat safety checkup. The Office of Traffic Safety
within the Department of Public Safety must approve of the child seat safety checkup trainer
and must provide one-on-one instruction to the child's relative applicant about placing a
child of a specific age in the exact child passenger restraint in the motor vehicle that will
be used to transport the child. Once the commissioner grants a variance to the child's relative,
the child's relative may transport a relative foster child younger than eight years of age, and
once the child's relative meets all other licensing requirements, the commissioner may
license the child's relative applicant. The child's relative must complete a child seat safety
checkup each time that the child requires a different sized car seat according to car seat and
vehicle manufacturer guidelines. A relative license holder must complete training that meets
the other requirements of this subdivision prior to placement of another foster child younger
than eight years of age in the relative license holder's home or prior to the renewal of the
relative license holder's child foster care license.
 new text end

new text begin Subd. 5. new text end

new text begin Training about the risk of sudden unexpected infant death and abusive
head trauma. new text end

new text begin (a) Each foster parent and caregiver who cares for an infant or a child five
years of age or younger must satisfactorily complete at least one hour of training about
reducing the risk of sudden unexpected infant death pursuant to section 245A.1435 and
abusive head trauma from shaking infants and young children. Each foster parent and
caregiver must complete this training prior to caring for an infant or a child five years of
age or younger. The county or private licensing agency monitoring the foster care provider
under section 245A.16 must approve of the training about reducing the risk of sudden
unexpected infant death and abusive head trauma from shaking infants and young children.
 new text end

new text begin (b) At a minimum, the training must address the risk factors related to sudden unexpected
infant death and abusive head trauma, means of reducing the risk of sudden unexpected
infant death and abusive head trauma, and license holder communication with parents
regarding reducing the risk of sudden unexpected infant death and abusive head trauma.
 new text end

new text begin (c) For emergency relative placements under section 245A.035, this training must be
completed before a license is issued. Each foster parent and caregiver must complete the
training in this subdivision at least once every five years.
 new text end

new text begin Subd. 6. new text end

new text begin Training on use of medical equipment. new text end

new text begin (a) If caring for a child who relies on
medical equipment to sustain the child's life or monitor the child's medical condition, each
foster parent and caregiver must satisfactorily complete training to operate the child's
equipment with a health care professional or an individual who provides training on the
child's equipment.
 new text end

new text begin (b) A foster parent or caregiver is exempt from this subdivision if:
 new text end

new text begin (1) the foster parent or caregiver is currently caring for an individual who is using the
same equipment in the foster home; or
 new text end

new text begin (2) the foster parent or caregiver has written documentation that the foster parent or
caregiver has cared for an individual who relied on the same equipment within the past six
months.
 new text end

new text begin Subd. 7. new text end

new text begin Fetal alcohol spectrum disorders training. new text end

new text begin Each foster parent and caregiver
must complete at least one hour of training yearly on fetal alcohol spectrum disorders. A
provider who is also licensed to provide home and community-based services under chapter
245D and the provider's staff are exempt from this subdivision. A short-term substitute
caregiver is exempt from this subdivision. The commissioner of human services shall approve
a fetal alcohol spectrum disorders training curriculum that satisfies the requirements of this
subdivision.
 new text end

new text begin Subd. 8. new text end

new text begin Yearly training requirement. new text end

new text begin (a) Each foster parent must complete a minimum
of 12 hours of training per year. If a foster parent fails to complete the required yearly
training and does not show good cause why the foster parent did not complete the training,
the foster parent is prohibited from accepting a new foster child placement until the foster
parent completes the training. The commissioner may grant a variance to the required number
of yearly training hours.
 new text end

new text begin (b) Each year, each foster parent and caregiver must complete one hour of training about
children's mental health issues according to subdivision 3, and one hour of training about
fetal alcohol spectrum disorders, if required by subdivision 7.
 new text end

new text begin (c) Each year, each foster parent and caregiver must complete training about the reporting
requirements and definitions in chapter 260E, as section 245A.66 requires. Foster parents
and caregivers caring for youth 18 and older in extended foster care must complete training
about the reporting requirements and definitions in section 626.557, as section 245A.65,
subdivision 3 requires.
 new text end

new text begin (d) At least once every five years, each foster parent and caregiver must complete one
hour of training about reducing the risk of sudden unexpected infant death and abusive head
trauma, if required by subdivision 5.
 new text end

new text begin (e) At least once every five years, each foster parent and caregiver must complete training
regarding child passenger restraint systems, if required by subdivision 4.
 new text end

new text begin (f) The commissioner may provide each foster parent with a nonexclusive list of eligible
training topics and resources that fulfill the remaining hours of required yearly training.
 new text end

new text begin Subd. 9. new text end

new text begin Documentation of training. new text end

new text begin (a) The licensing agency must document the
trainings that this section requires on a form that the commissioner has developed.
 new text end

new text begin (b) For training required under subdivision 6, the agency must retain a training and skills
form on file and update the form each year for each foster care provider who completes
training about caring for a child who relies on medical equipment to sustain the child's life
or monitor the child's medical condition. The agency placing the child must obtain a copy
of the training and skills form from the foster parent or from the agency supervising the
foster parent. The agency must retain the form and any updated information on file for the
placement's duration. The form must be available to the parent or guardian and the child's
social worker for the social worker to make an informed placement decision. The agency
must use the training and skills form that the commissioner has developed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
 new text end

Sec. 33.

new text begin [245A.61] FOSTER RESIDENCE SETTING STAFF TRAINING
REQUIREMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to foster residence settings, which is
defined as foster care that a license holder licensed under this chapter provides in a home
in which the license holder does not reside. Foster residence setting does not include any
program licensed or certified under Minnesota Rules, parts 2960.0010 to 2960.0710. For
the purposes of this section, "caregiver" means a person who provides services to a child
according to the child's case plan in a setting licensed under Minnesota Rules, parts
2960.3000 to 2960.3340.
 new text end

new text begin Subd. 2. new text end

new text begin Orientation. new text end

new text begin The license holder must ensure that each staff person attends and
successfully completes at least six hours of orientation training before the staff person has
unsupervised contact with a foster child. Orientation training hours are not counted toward
the hours of yearly training. Orientation must include training about the following:
 new text end

new text begin (1) emergency procedures including evacuation routes, emergency telephone numbers,
severe storm and tornado procedures, and the location of facility alarms and equipment;
 new text end

new text begin (2) all relevant laws, rules, and legal issues, including reporting requirements for
maltreatment, abuse, and neglect specified in chapter 260E and section 626.557 and other
reporting requirements based on the children's ages;
 new text end

new text begin (3) cultural diversity, gender sensitivity, culturally specific services, and information
about discrimination and racial bias to ensure that caregivers are culturally sensitive and
culturally competent to care for foster children according to section 260C.212, subdivision
11;
 new text end

new text begin (4) general and special needs, including disability needs, of children and families served;
 new text end

new text begin (5) operational policies and procedures of the license holder;
 new text end

new text begin (6) data practices requirements and issues;
 new text end

new text begin (7) two hours of training about children's mental health disorders according to subdivision
3;
 new text end

new text begin (8) if required by subdivision 4, the proper use and installation of child passenger restraint
systems in motor vehicles;
 new text end

new text begin (9) if required by subdivision 5, at least one hour of training about reducing the risk of
sudden unexpected infant death and abusive head trauma from shaking infants and young
children; and
 new text end

new text begin (10) if required by subdivision 6, caring for a child who relies on medical equipment to
sustain the child's life or monitor the child's medical condition.
 new text end

new text begin Subd. 3. new text end

new text begin Mental health training. new text end

new text begin Prior to caring for a child, a staff person must complete
two hours of training that addresses the causes, symptoms, and key warning signs of mental
health disorders; cultural considerations; and effective approaches to manage a child's
behaviors. A foster residence staff person must complete at least one hour of the yearly
training requirement regarding children's mental health issues and treatment. The
commissioner of human services shall approve a mental health training curriculum that
satisfies the requirements of this subdivision.
 new text end

new text begin Subd. 4. new text end

new text begin Child passenger restraint systems. new text end

new text begin Prior to transporting a child younger than
eight years of age in a motor vehicle, a license holder, staff person, or caregiver must
satisfactorily complete training about the proper use and installation of child restraint systems
in motor vehicles. An individual who is certified and approved by the Office of Traffic
Safety within the Department of Public Safety must provide training to a license holder,
staff person, or caregiver about the proper use and installation of child restraint systems in
motor vehicles.
 new text end

new text begin At a minimum, the training must address the proper use of child passenger restraint
systems based on a child's size, weight, and age and the proper installation of a car seat or
booster seat in the motor vehicle transporting the child. Each license holder, staff person,
and caregiver transporting a child younger than eight years of age in a motor vehicle must
complete the training in this subdivision at least once every five years.
 new text end

new text begin Subd. 5. new text end

new text begin Training about the risk of sudden unexpected infant death and abusive
head trauma. new text end

new text begin (a) A license holder who cares for an infant or a child five years of age or
younger must document that each staff person has satisfactorily completed at least one hour
of training about reducing the risk of sudden unexpected infant death pursuant to section
245A.1435 and abusive head trauma from shaking infants and young children. Each staff
person must complete the training in this subdivision prior to caring for an infant or a child
five years of age or younger. The county or private licensing agency responsible for
monitoring the child foster care provider under section 245A.16 must approve of the training
about reducing the risk of sudden unexpected infant death and abusive head trauma from
shaking infants and young children.
 new text end

new text begin (b) At a minimum, the training must address the risk factors related to sudden unexpected
infant death and abusive head trauma, means of reducing the risk of sudden unexpected
infant death and abusive head trauma, and license holder communication with parents
regarding reducing the risk of sudden unexpected infant death and abusive head trauma
from shaking infants and young children.
 new text end

new text begin (c) Each staff person caring for an infant or a child five years of age or younger must
complete the training in this subdivision at least once every five years.
 new text end

new text begin Subd. 6. new text end

new text begin Training on use of medical equipment. new text end

new text begin (a) If caring for a child who relies on
medical equipment to sustain the child's life or monitor a child's medical condition, the
license holder or staff person must complete training to operate the child's equipment. A
health care professional or an individual who provides training on the equipment must train
the license holder or staff person about how to operate the child's equipment.
 new text end

new text begin (b) A license holder is exempt from this subdivision if:
 new text end

new text begin (1) the license holder is currently caring for an individual who is using the same
equipment in the foster home and each staff person has received training to use the
equipment; or
 new text end

new text begin (2) the license holder has written documentation that, within the past six months, the
license holder has cared for an individual who relied on the same equipment and each current
staff person has received training to use the same equipment.
 new text end

new text begin Subd. 7. new text end

new text begin Fetal alcohol spectrum disorders training. new text end

new text begin (a) For each staff person, at least
one hour of their yearly training requirement in subdivision 9 must be about fetal alcohol
spectrum disorders. The commissioner of human services shall approve of a fetal alcohol
spectrum disorders training curriculum that satisfies the requirements of this subdivision.
 new text end

new text begin (b) A provider who is also licensed to provide home and community-based services
under chapter 245D and the provider's staff are exempt from this subdivision.
 new text end

new text begin Subd. 8. new text end

new text begin Prudent parenting standards training. new text end

new text begin The license holder must have at least
one on-site staff person who is trained regarding the reasonable and prudent parenting
standards in section 260C.212, subdivision 14, and authorized to apply the reasonable and
prudent parenting standards to decisions involving the approval of a foster child's
participation in age-appropriate and developmentally appropriate extracurricular, social, or
cultural activities. The trained on-site staff person is not required to be available 24 hours
per day.
 new text end

new text begin Subd. 9. new text end

new text begin Yearly training plan and hours. new text end

new text begin (a) A license holder must develop a yearly
training plan for staff and volunteers. The license holder must modify training for staff and
volunteers each year to meet each person's current needs and provide sufficient training to
accomplish each staff person's duties. To determine the type and amount of training for
each person, the license holder must consider the foster care program's target population,
the program's services, and expected outcomes from the services, as well as the employee's
job description, tasks, and the position's performance indicators.
 new text end

new text begin (b) A full-time staff person who has direct contact with children must complete at least
18 hours of in-service training per year, including nine hours of skill development training.
 new text end

new text begin (c) A part-time direct care staff person must complete sufficient training to competently
care for children. The amount of training must be at least one hour of training for each 60
hours that the part-time direct care staff person has worked, up to 18 hours of training per
part-time employee per year.
 new text end

new text begin (d) Other foster residence staff and volunteers must complete in-service training
requirements each year that are consistent with the foster residence staff and volunteers'
duties.
 new text end

new text begin (e) Section 245A.66 requires a license holder to ensure that all staff and volunteers have
training yearly about the reporting requirements and definitions in chapter 260E.
 new text end

new text begin Subd. 10. new text end

new text begin Documentation of training. new text end

new text begin (a) For each staff person and volunteer, the
license holder must document the date, the number of training hours, and the name of the
entity that provided the training.
 new text end

new text begin (b) For training required under subdivision 6, the agency supervising the foster care
provider must retain a training and skills form on file and update the form each year for
each staff person who completes training about caring for a child who relies on medical
equipment to sustain the child's life or monitor a child's medical condition. The agency
placing the child must obtain a copy of the training and skills form from the foster care
provider or the agency supervising the foster care provider. The placing agency must retain
the form and any updated information on file for the placement's duration. The form must
be available to the child's parent or the child's primary caregiver and the child's social worker
to make an informed placement decision. The agency must use the training and skills form
that the commissioner has developed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
 new text end

Sec. 34.

Minnesota Statutes 2022, section 245A.66, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Ongoing training requirement. new text end

new text begin (a) In addition to the orientation training
required by the applicable licensing rules and statutes, children's residential facility, and
private child-placing agency, license holders must provide a training annually on the
maltreatment of minors reporting requirements and definitions in chapter 260E to each
mandatory reporter, as described in section 260E.06, subdivision 1.
 new text end

new text begin (b) In addition to the orientation training required by the applicable licensing rules and
statutes, all family child foster care license holders and caregivers and foster residence
setting staff and volunteers that are mandatory reporters as described in section 260E.06,
subdivision 1, must complete training each year on the maltreatment of minors reporting
requirements and definitions in chapter 260E.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
 new text end

Sec. 35.

Minnesota Statutes 2022, section 245C.02, subdivision 6a, is amended to read:


Subd. 6a.

Child care background study subject.

(a) "Child care background study
subject" means an individual who is affiliated with a licensed child care center, certified
license-exempt child care center, licensed family child care program, or legal nonlicensed
child care provider authorized under chapter 119B, and who is:

(1) employed by a child care provider for compensation;

(2) assisting in the care of a child for a child care provider;

(3) a person applying for licensure, certification, or enrollment;

(4) a controlling individual as defined in section 245A.02, subdivision 5a;

(5) an individual 13 years of age or older who lives in the household where the licensed
program will be provided and who is not receiving licensed services from the program;

(6) an individual ten to 12 years of age who lives in the household where the licensed
services will be provided when the commissioner has reasonable cause as defined in section
245C.02, subdivision 15;

(7) an individual who, without providing direct contact services at a licensed program,
certified program, or program authorized under chapter 119B, may have unsupervised access
to a child receiving services from a program when the commissioner has reasonable cause
as defined in section 245C.02, subdivision 15; or

(8) a volunteer, contractornew text begin providing services for hire in the programnew text end , prospective
employee, or other individual who has unsupervised physical access to a child served by a
program and who is not under supervision by an individual listed in clause (1) or (5),
regardless of whether the individual provides program services.

(b) Notwithstanding paragraph (a), an individual who is providing services that are not
part of the child care program is not required to have a background study if:

(1) the child receiving services is signed out of the child care program for the duration
that the services are provided;

(2) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
119B has obtained advanced written permission from the parent authorizing the child to
receive the services, which is maintained in the child's record;

(3) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
119B maintains documentation on site that identifies the individual service provider and
the services being provided; and

(4) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
119B ensures that the service provider does not have unsupervised access to a child not
receiving the provider's services.

Sec. 36.

Minnesota Statutes 2022, section 245C.02, subdivision 11c, is amended to read:


Subd. 11c.

Entity.

"Entity" means any program, organization,new text begin license holder, government
agency,new text end or agency deleted text begin initiatingdeleted text end new text begin required to initiatenew text end a background study.

Sec. 37.

Minnesota Statutes 2022, section 245C.02, is amended by adding a subdivision
to read:


new text begin Subd. 11f. new text end

new text begin Employee. new text end

new text begin "Employee" means an individual who provides services or seeks
to provide services for the entity with which they are required to be affiliated in NETStudy
2.0 and who is subject to oversight by the entity, which includes but is not limited to
continuous, direct supervision by the entity and being subject to immediate removal from
providing direct care services by the entity when required.
 new text end

Sec. 38.

Minnesota Statutes 2022, section 245C.02, is amended by adding a subdivision
to read:


new text begin Subd. 22. new text end

new text begin Volunteer. new text end

new text begin "Volunteer" means an individual who provides or seeks to provide
services for an entity without direct compensation for services provided, is required to be
affiliated in NETStudy 2.0 and is subject to oversight by the entity, including but not limited
to continuous, direct supervision and immediate removal from providing direct care services
when required.
 new text end

Sec. 39.

Minnesota Statutes 2022, section 245C.03, subdivision 1, is amended to read:


Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a background
study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household where the licensed program
will be provided who is not receiving licensed services from the program;

(3) current or prospective employees deleted text begin or contractorsdeleted text end of the applicant who will have direct
contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who will have direct contact with persons served
by the program to provide program services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household where the licensed services will
be provided when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;

(6) an individual who, without providing direct contact services at a licensed program,
may have unsupervised access to children or vulnerable adults receiving services from a
program, when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;

(7) all controlling individuals as defined in section 245A.02, subdivision 5a;

(8) notwithstanding the other requirements in this subdivision, child care background
study subjects as defined in section 245C.02, subdivision 6a; and

(9) notwithstanding clause (3), for children's residential facilities and foster residence
settings, any adult working in the facility, whether or not the individual will have direct
contact with persons served by the facility.

(b) For child foster care when the license holder resides in the home where foster care
services are provided, a short-term substitute caregiver providing direct contact services for
a child for less than 72 hours of continuous care is not required to receive a background
study under this chapter.

(c) This subdivision applies to the following programs that must be licensed under
chapter 245A:

(1) adult foster care;

(2) child foster care;

(3) children's residential facilities;

(4) family child care;

(5) licensed child care centers;

(6) licensed home and community-based services under chapter 245D;

(7) residential mental health programs for adults;

(8) substance use disorder treatment programs under chapter 245G;

(9) withdrawal management programs under chapter 245F;

(10) adult day care centers;

(11) family adult day services;

deleted text begin (12) independent living assistance for youth;
 deleted text end

deleted text begin (13)deleted text end new text begin (12)new text end detoxification programs;

deleted text begin (14)deleted text end new text begin (13)new text end community residential settings; and

deleted text begin (15)deleted text end new text begin (14)new text end intensive residential treatment services and residential crisis stabilization under
chapter 245I.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except
for the change to paragraph (a), clause (3), which is effective August 1, 2023.
 new text end

Sec. 40.

Minnesota Statutes 2022, section 245C.03, subdivision 1, is amended to read:


Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a background
study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household where the licensed program
will be provided who is not receiving licensed services from the program;

(3) current or prospective employees deleted text begin or contractorsdeleted text end of the applicant who will have direct
contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who will have direct contact with persons served
by the program to provide program services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household where the licensed services will
be provided when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;

(6) an individual who, without providing direct contact services at a licensed program,
may have unsupervised access to children or vulnerable adults receiving services from a
program, when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;

(7) all controlling individuals as defined in section 245A.02, subdivision 5a;

(8) notwithstanding the other requirements in this subdivision, child care background
study subjects as defined in section 245C.02, subdivision 6a; and

(9) notwithstanding clause (3), for children's residential facilities and foster residence
settings, any adult working in the facility, whether or not the individual will have direct
contact with persons served by the facility.

(b) For child foster care when the license holder resides in the home where foster care
services are provided, a short-term substitute caregiver providing direct contact services for
a child for less than 72 hours of continuous care is not required to receive a background
study under this chapter.

(c) This subdivision applies to the following programs that must be licensed under
chapter 245A:

(1) adult foster care;

(2) child foster care;

(3) children's residential facilities;

(4) family child care;

(5) licensed child care centers;

(6) licensed home and community-based services under chapter 245D;

(7) residential mental health programs for adults;

(8) substance use disorder treatment programs under chapter 245G;

(9) withdrawal management programs under chapter 245F;

(10) adult day care centers;

(11) family adult day services;

(12) independent living assistance for youth;

(13) detoxification programs;

(14) community residential settings; and

(15) intensive residential treatment services and residential crisis stabilization under
chapter 245I.

Sec. 41.

Minnesota Statutes 2022, section 245C.03, subdivision 1a, is amended to read:


Subd. 1a.

Procedure.

(a) Individuals and organizations that are required under this
section to have or initiate background studies shall comply with the requirements of this
chapter.

(b) All studies conducted under this section shall be conducted according to sections
299C.60 to 299C.64new text begin , including the consent and self-disclosure required in section 299C.62,
subdivision 2new text end . This requirement does not apply to subdivisions 1, paragraph (c), clauses (2)
to (5), and 6a.

Sec. 42.

Minnesota Statutes 2022, section 245C.03, subdivision 4, is amended to read:


Subd. 4.

Personnel new text begin pool new text end agencies; new text begin temporary personnel agencies; new text end educational
programs; professional services agencies.

new text begin (a) new text end The commissioner also may conduct studies
on individuals specified in subdivision 1, paragraph (a), clauses (3) and (4), when the studies
are initiated by:

(1) personnel pool agencies;

(2) temporary personnel agencies;

(3) educational programs that train individuals by providing direct contact services in
licensed programs; and

(4) professional services agencies that are not licensed and deleted text begin which contractdeleted text end new text begin that worknew text end
with licensed programs to provide direct contact services or individuals who provide direct
contact services.

new text begin (b) Personnel pool agencies, temporary personnel agencies, and professional services
agencies must employ the individuals providing direct care services for children, people
with disabilities, or the elderly. Individuals must be affiliated in NETStudy 2.0 and subject
to oversight by the entity, which includes but is not limited to continuous, direct supervision
by the entity and being subject to immediate removal from providing direct care services
by the entity when required.
 new text end

Sec. 43.

Minnesota Statutes 2022, section 245C.03, subdivision 5, is amended to read:


Subd. 5.

Other state agencies.

The commissioner shall conduct background studies on
applicants and license holders under the jurisdiction of other state agencies who are required
in other statutory sections to initiate background studies under this chapter, including the
applicant's or license holder's employeesdeleted text begin , contractors,deleted text end and volunteers when required under
other statutory sections.

Sec. 44.

Minnesota Statutes 2022, section 245C.03, subdivision 5a, is amended to read:


Subd. 5a.

Facilities serving children or adults licensed or regulated by the
Department of Health.

(a) Except as specified in paragraph (b), the commissioner shall
conduct background studies of:

(1) individuals providing services who have direct contact, as defined under section
245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes,
outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and
home care agencies licensed under chapter 144A; assisted living facilities and assisted living
facilities with dementia care licensed under chapter 144G; and board and lodging
establishments that are registered to provide supportive or health supervision services under
section 157.17;

(2) individuals specified in subdivision 2 who provide direct contact services in a nursing
home or a home care agency licensed under chapter 144A; an assisted living facility or
assisted living facility with dementia care licensed under chapter 144G; or a boarding care
home licensed under sections 144.50 to 144.58. If the individual undergoing a study resides
outside of Minnesota, the study must include a check for substantiated findings of
maltreatment of adults and children in the individual's state of residence when the state
makes the information available;

(3) all other employees in assisted living facilities or assisted living facilities with
dementia care licensed under chapter 144G, nursing homes licensed under chapter 144A,
and boarding care homes licensed under sections 144.50 to 144.58. A disqualification of
an individual in this section shall disqualify the individual from positions allowing direct
contact with or access to patients or residents receiving services. "Access" means physical
access to a client or the client's personal property without continuous, direct supervision as
defined in section 245C.02, subdivision 8, when the employee's employment responsibilities
do not include providing direct contact services;

(4) individuals employed by a supplemental nursing services agency, as defined under
section 144A.70, who are providing services in health care facilities;

(5) controlling persons of a supplemental nursing services agency, as defined by section
144A.70; and

(6) license applicants, owners, managerial officials, and controlling individuals who are
required under section 144A.476, subdivision 1, or 144G.13, subdivision 1, to undergo a
background study under this chapter, regardless of the licensure status of the license applicant,
owner, managerial official, or controlling individual.

(b) deleted text begin The commissioner of human services shall not conductdeleted text end new text begin An entity shall not initiatenew text end a
background study on any individual identified in paragraph (a), clauses (1) to (5), if the
individual has a valid license issued by a health-related licensing board as defined in section
214.01, subdivision 2, and has completed the criminal background check as required in
section 214.075. An entity that is affiliated with individuals who meet the requirements of
this paragraph must separate those individuals from the entity's roster for NETStudy 2.0.new text begin
The Department of Human Services is not liable for conducting background studies that
have been submitted or not removed from the roster in violation of this provision.
new text end

(c) If a facility or program is licensed by the Department of Human Services and the
Department of Health and is subject to the background study provisions of this chapter, the
Department of Human Services is solely responsible for the background studies of individuals
in the jointly licensed program.

(d) The commissioner of health shall review and make decisions regarding reconsideration
requests, including whether to grant variances, according to the procedures and criteria in
this chapter. The commissioner of health shall inform the requesting individual and the
Department of Human Services of the commissioner of health's decision regarding the
reconsideration. The commissioner of health's decision to grant or deny a reconsideration
of a disqualification is a final administrative agency action.

Sec. 45.

Minnesota Statutes 2022, section 245C.031, subdivision 1, is amended to read:


Subdivision 1.

Alternative background studies.

(a) The commissioner shall conduct
an alternative background study of individuals listed in this section.

(b) Notwithstanding other sections of this chapter, all alternative background studies
except subdivision 12 shall be conducted according to this section and with sections 299C.60
to 299C.64new text begin , including the consent and self-disclosure required in section 299C.62, subdivision
2new text end .

(c) All terms in this section shall have the definitions provided in section 245C.02.

(d) The entity that submits an alternative background study request under this section
shall submit the request to the commissioner according to section 245C.05.

(e) The commissioner shall comply with the destruction requirements in section 245C.051.

(f) Background studies conducted under this section are subject to the provisions of
section 245C.32.

(g) The commissioner shall forward all information that the commissioner receives under
section 245C.08 to the entity that submitted the alternative background study request under
subdivision 2. The commissioner shall not make any eligibility determinations regarding
background studies conducted under this section.

Sec. 46.

Minnesota Statutes 2022, section 245C.031, subdivision 4, is amended to read:


Subd. 4.

Applicants, licensees, and other occupations regulated by the commissioner
of health.

The commissioner shall conduct an alternative background study, including a
check of state data, and a national criminal history records check of the following individuals.
For studies under this section, the following persons shall complete a consent formnew text begin and
criminal history disclosure formnew text end :

(1) An applicant for initial licensure, temporary licensure, or relicensure after a lapse in
licensure as an audiologist or speech-language pathologist or an applicant for initial
certification as a hearing instrument dispenser who must submit to a background study
under section 144.0572.

(2) An applicant for a renewal license or certificate as an audiologist, speech-language
pathologist, or hearing instrument dispenser who was licensed or obtained a certificate
before January 1, 2018.

Sec. 47.

Minnesota Statutes 2022, section 245C.05, subdivision 1, is amended to read:


Subdivision 1.

Individual studied.

(a) The individual who is the subject of the
background study must provide the applicant, license holder, or other entity under section
245C.04 with sufficient information to ensure an accurate study, including:

(1) the individual's first, middle, and last name and all other names by which the
individual has been known;

(2) current home address, city, and state of residence;

(3) current zip code;

(4) sex;

(5) date of birth;

(6) driver's license number or state identification numbernew text begin or, for those without a driver's
license or state identification card, an acceptable form of identification as determined by
the commissionernew text end ; and

(7) upon implementation of NETStudy 2.0, the home address, city, county, and state of
residence for the past five years.

(b) Every subject of a background study conducted or initiated by counties or private
agencies under this chapter must also provide the home address, city, county, and state of
residence for the past five years.

(c) Every subject of a background study related to private agency adoptions or related
to child foster care licensed through a private agency, who is 18 years of age or older, shall
also provide the commissioner a signed consent for the release of any information received
from national crime information databases to the private agency that initiated the background
study.

(d) The subject of a background study new text begin who is 18 years of age or older new text end shall provide
fingerprints and a photograph as required in subdivision 5.new text begin The subject of a background
study who is 17 years of age or younger shall provide fingerprints and a photograph only
as required in subdivision 5a.
new text end

(e) The subject of a background study shall submit a completed criminal and maltreatment
history records check consent form new text begin and criminal history disclosure form new text end for applicable
national and state level record checks.

Sec. 48.

Minnesota Statutes 2022, section 245C.05, subdivision 5a, is amended to read:


Subd. 5a.

Background study requirements for minors.

(a) A background study
completed under this chapter on a subject who is required to be studied under section
245C.03, subdivision 1, and is 17 years of age or younger shall be completed by the
commissioner for:

(1) a legal nonlicensed child care provider authorized under chapter 119B;

(2) a licensed family child care program; or

(3) a licensed foster care home.

(b) The subject shall submit to the commissioner only the information under subdivision
1, paragraph (a).

(c) new text begin Notwithstanding paragraph (b), new text end a subject who is 17 years of age or younger deleted text begin is required
to submit fingerprints and a photograph, and the commissioner shall conduct a national
criminal history record checkdeleted text end new text begin must provide the commissioner with a set of the background
study subject's classifiable fingerprints and photographnew text end , if:

(1) the commissioner has reasonable cause to require a national criminal history record
check defined in section 245C.02, subdivision 15a; or

(2) under paragraph (a), clauses (1) and (2), the subject is employed by the provider or
supervises children served by the program.

deleted text begin (d) A subject who is 17 years of age or younger is required to submit
non-fingerprint-based data according to section 245C.08, subdivision 1, paragraph (a),
clause (6), item (iii), and the commissioner shall conduct the check if:
 deleted text end

deleted text begin (1) the commissioner has reasonable cause to require a national criminal history record
check defined in section 245C.02, subdivision 15a; or
 deleted text end

deleted text begin (2) the subject is employed by the provider or supervises children served by the program
under paragraph (a), clauses (1) and (2).
 deleted text end

Sec. 49.

Minnesota Statutes 2022, section 245C.05, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Study submitted. new text end

new text begin The entity with which the background study subject is seeking
affiliation shall initiate the background study in the NETStudy 2.0 system.
 new text end

Sec. 50.

Minnesota Statutes 2022, section 245C.07, is amended to read:


245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.

(a) Subject to the conditions in paragraph (d), when a license holder, applicant, or other
entity owns multiple programs or services that are licensed by the Department of Human
Services, Department of Health, or Department of Corrections, only one background study
is required for an individual who provides direct contact services in one or more of the
licensed programs or services if:

(1) the license holder designates one individual with one address and telephone number
as the person to receive sensitive background study information for the multiple licensed
programs or services that depend on the same background study; and

(2) the individual designated to receive the sensitive background study information is
capable of determining, upon request of the department, whether a background study subject
is providing direct contact services in one or more of the license holder's programs or services
and, if so, at which location or locations.

(b) When a license holder maintains background study compliance for multiple licensed
programs according to paragraph (a), and one or more of the licensed programs closes, the
license holder shall immediately notify the commissioner which staff must be transferred
to an active license so that the background studies can be electronically paired with the
license holder's active program.

(c) When a background study is being initiated by a licensed program or service or a
foster care provider that is also licensed under chapter 144G, a study subject affiliated with
multiple licensed programs or services may attach to the background study form a cover
letter indicating the additional names of the programs or services, addresses, and background
study identification numbers.

When the commissioner receives a notice, the commissioner shall notify each program
or service identified by the background study subject of the study results.

The background study notice the commissioner sends to the subsequent agencies shall
satisfy those programs' or services' responsibilities for initiating a background study on that
individual.

(d) If a background study was conducted on an individual related to child foster care
and the requirements under paragraph (a) are met, the background study is transferable
across all licensed programs. If a background study was conducted on an individual under
a license other than child foster care and the requirements under paragraph (a) are met, the
background study is transferable to all licensed programs except child foster care.

(e) The provisions of this section that allow a single background study in one or more
licensed programs or services do not apply to background studies submitted by adoption
agencies, supplemental nursing services agencies, personnel new text begin pool new text end agencies, educational
programs, professional services agencies, new text begin temporary personnel agencies, new text end and unlicensed
personal care provider organizations.

(f) For an entity operating under NETStudy 2.0, the entity's active roster must be the
system used to document when a background study subject is affiliated with multiple entities.
For a background study to be transferable:

(1) the background study subject must be on and moving to a roster for which the person
designated to receive sensitive background study information is the same; and

(2) the same entity must own or legally control both the roster from which the transfer
is occurring and the roster to which the transfer is occurring. For an entity that holds or
controls multiple licenses, or unlicensed personal care provider organizations, there must
be a common highest level entity that has a legally identifiable structure that can be verified
through records available from the secretary of state.

Sec. 51.

Minnesota Statutes 2022, 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, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in clause (6), information received as a result of submission of
fingerprints for a national criminal history record check, as defined in section 245C.02,
subdivision 13c, when the commissioner has reasonable cause for a national criminal history
record check as defined under section 245C.02, subdivision 15a, or as required under section
144.057, subdivision 1, clause (2);

(6) for a background study related to a child foster family setting application for licensure,
foster residence settings, children's residential facilities, a transfer of permanent legal and
physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a
background study required for family child care, certified license-exempt child care, child
care centers, and legal nonlicensed child care authorized under chapter 119B, 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;

(ii) when the background study subject is 18 years of age or older, or a minor under
section 245C.05, subdivision 5a, paragraph (c), information received following submission
of fingerprints for a national criminal history record check; and

(iii) when the background study subject is 18 years of age or older or a minor under
section 245C.05, subdivision 5a, deleted text begin paragraph (d),deleted text end for licensed family child care, certified
license-exempt child care, licensed child care centers, and legal nonlicensed child care
authorized under chapter 119B, information obtained using non-fingerprint-based data
including information from the criminal and sex offender registries for any state in which
the background study subject resided for the past five years and information from the national
crime information database and the national sex offender registry; and

(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, and legal nonlicensed child care authorized under
chapter 119B, the background study shall also include, to the extent practicable, a name
and date-of-birth search of the National Sex Offender Public website.

(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.

(c) The commissioner shall also review criminal case 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.

(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.

(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.

Sec. 52.

Minnesota Statutes 2022, section 245C.10, subdivision 4, is amended to read:


Subd. 4.

Temporary personnel agencies, new text begin personnel pool agencies, new text end educational
programs, and professional services agencies.

The commissioner shall recover the cost
of the background studies initiated by temporary personnel agencies,new text begin personnel pool agencies,new text end
educational programs, and professional services agencies that initiate background studies
under section 245C.03, subdivision 4, through a fee of no more than $42 per study charged
to the agency. The fees collected under this subdivision are appropriated to the commissioner
for the purpose of conducting background studies.

Sec. 53.

Minnesota Statutes 2022, section 245C.15, subdivision 4a, is amended to read:


Subd. 4a.

Licensed family foster setting disqualifications.

(a) Notwithstanding
subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting,
regardless of how much time has passed, an individual is disqualified under section 245C.14
if the individual committed an act that resulted in a felony-level conviction for sections:
609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in the first
degree); 609.223, subdivision 2 (assault in the third degree, past pattern of child abuse);
609.223, subdivision 3 (assault in the third degree, victim under four); a felony offense
under sections 609.2242 and 609.2243 (domestic assault, spousal abuse, child abuse or
neglect, or a crime against children); 609.2247 (domestic assault by strangulation); 609.2325
(criminal abuse of a vulnerable adult resulting in the death of a vulnerable adult); 609.245
(aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.2661 (murder
of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter
of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the
second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault
of an unborn child in the second degree); 609.268 (injury or death of an unborn child in the
commission of a crime); 609.322, subdivision 1 (solicitation, inducement, and promotion
of prostitution; sex trafficking in the first degree); 609.324, subdivision 1 (other prohibited
acts; engaging in, hiring, or agreeing to hire minor to engage in prostitution); 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); 609.3451 (criminal sexual conduct in the fifth degree);
609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of children to engage
in sexual conduct); 609.377 (malicious punishment of a child); 609.378 (neglect or
endangerment of a child); 609.561 (arson in the first degree); 609.582, subdivision 1 (burglary
in the first degree); 609.746 (interference with privacy); 617.23 (indecent exposure); 617.246
(use of minors in sexual performance prohibited); or 617.247 (possession of pictorial
representations of minors).

(b) Notwithstanding subdivisions 1 to 4, for the purposes of a background study affiliated
with a licensed family foster setting, an individual is disqualified under section 245C.14,
regardless of how much time has passed, if the individual:

(1) committed an action under paragraph (e) that resulted in death or involved sexual
abuse, as defined in section 260E.03, subdivision 20deleted text begin ;deleted text end new text begin , or 626.5572, subdivision 2, paragraph
(a), clause (4), or paragraph (c);
new text end

(2) committed an act that resulted in a gross misdemeanor-level conviction for section
609.3451 (criminal sexual conduct in the fifth degree);

(3) committed an act against or involving a minor that resulted in a felony-level conviction
for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the
third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree);
or

(4) committed an act that resulted in a misdemeanor or gross misdemeanor-level
conviction for section 617.293 (dissemination and display of harmful materials to minors).

(c) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than 20
years have passed since the termination of the individual's parental rights under section
260C.301, subdivision 1, paragraph (b), or if the individual consented to a termination of
parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to
involuntarily terminate parental rights. An individual is disqualified under section 245C.14
if fewer than 20 years have passed since the termination of the individual's parental rights
in any other state or country, where the conditions for the individual's termination of parental
rights are substantially similar to the conditions in section 260C.301, subdivision 1, paragraph
(b).

(d) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than five
years have passed since a felony-level violation for sections: 152.021 (controlled substance
crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023
(controlled substance crime in the third degree); 152.024 (controlled substance crime in the
fourth degree); 152.025 (controlled substance crime in the fifth degree); 152.0261 (importing
controlled substances across state borders); 152.0262, subdivision 1, paragraph (b)
(possession of substance with intent to manufacture methamphetamine); 152.027, subdivision
6, paragraph (c) (sale or possession of synthetic cannabinoids); 152.096 (conspiracies
prohibited); 152.097 (simulated controlled substances); 152.136 (anhydrous ammonia;
prohibited conduct; criminal penalties; civil liabilities); 152.137 (methamphetamine-related
crimes involving children or vulnerable adults); 169A.24 (felony first-degree driving while
impaired); 243.166 (violation of predatory offender registration requirements); 609.2113
(criminal vehicular operation; bodily harm); 609.2114 (criminal vehicular operation; unborn
child); 609.228 (great bodily harm caused by distribution of drugs); 609.2325 (criminal
abuse of a vulnerable adult not resulting in the death of a vulnerable adult); 609.233 (criminal
neglect); 609.235 (use of drugs to injure or facilitate a crime); 609.24 (simple robbery);
609.322, subdivision 1a (solicitation, inducement, and promotion of prostitution; sex
trafficking in the second degree); 609.498, subdivision 1 (tampering with a witness in the
first degree); 609.498, subdivision 1b (aggravated first-degree witness tampering); 609.562
(arson in the second degree); 609.563 (arson in the third degree); 609.582, subdivision 2
(burglary in the second degree); 609.66 (felony dangerous weapons); 609.687 (adulteration);
609.713 (terroristic threats); 609.749, subdivision 3, 4, or 5 (felony-level harassment or
stalking); 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); or
624.713 (certain people not to possess firearms).

(e) Notwithstanding subdivisions 1 to 4, except as provided in paragraph (a), for a
background study affiliated with a licensed family child foster care license, an individual
is disqualified under section 245C.14 if fewer than five years have passed since:

(1) a felony-level violation for an act not against or involving a minor that constitutes:
section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third
degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the
fifth degree);

(2) a violation of an order for protection under section 518B.01, subdivision 14;

(3) a determination or disposition of the individual's failure to make required reports
under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition
under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment
was recurring or serious;

(4) a determination or disposition of the individual's substantiated serious or recurring
maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or
serious or recurring maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under chapter 260E or section 626.557 and meet
the definition of serious maltreatment or recurring maltreatment;

(5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in
the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or

(6) committing an act against or involving a minor that resulted in a misdemeanor-level
violation of section 609.224, subdivision 1 (assault in the fifth degree).

(f) For purposes of this subdivision, the disqualification begins from:

(1) the date of the alleged violation, if the individual was not convicted;

(2) the date of conviction, if the individual was convicted of the violation but not
committed to the custody of the commissioner of corrections; or

(3) the date of release from prison, if the individual was convicted of the violation and
committed to the custody of the commissioner of corrections.

Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation
of the individual's supervised release, the disqualification begins from the date of release
from the subsequent incarceration.

(g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes, permanently disqualifies the individual under section 245C.14. An individual is
disqualified under section 245C.14 if fewer than five years have passed since the individual's
aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs
(d) and (e).

(h) An individual's offense in any other state or country, where the elements of the
offense are substantially similar to any of the offenses listed in paragraphs (a) and (b),
permanently disqualifies the individual under section 245C.14. An individual is disqualified
under section 245C.14 if fewer than five years have passed since an offense in any other
state or country, the elements of which are substantially similar to the elements of any
offense listed in paragraphs (d) and (e).

new text begin EFFECTIVE DATE. new text end

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

Sec. 54.

Minnesota Statutes 2022, section 245C.30, subdivision 2, is amended to read:


Subd. 2.

Disclosure of reason for disqualification.

(a) The commissioner may not grant
a variance for a disqualified individual unless the applicant, license-exempt child care center
certification holder, or license holder requests the variance and the disqualified individual
provides written consent for the commissioner to disclose to the applicant, license-exempt
child care center certification holder, or license holder the reason for the disqualification.

(b) This subdivision does not apply to programs licensed to provide family child care
for children, foster care for children in the provider's own home, or foster care or day care
services for adults in the provider's own home. deleted text begin When the commissioner grants a variance
for a disqualified individual in connection with a license to provide the services specified
in this paragraph, the disqualified individual's consent is not required to disclose the reason
for the disqualification to the license holder in the variance issued under subdivision 1,
provided that the commissioner may not disclose the reason for the disqualification if the
disqualification is based on a felony-level conviction for a drug-related offense within the
past five years.
deleted text end

Sec. 55.

Minnesota Statutes 2022, section 245C.31, subdivision 1, is amended to read:


Subdivision 1.

Board determines disciplinary or corrective action.

deleted text begin (a)deleted text end The
commissioner shall notify a health-related licensing board as defined in section 214.01,
subdivision 2, if the commissioner determines that an individual who is licensed by the
health-related licensing board and who is included on the board's roster list provided in
accordance with subdivision 3a is responsible for substantiated maltreatment under section
626.557 or chapter 260E, in accordance with subdivision 2. Upon receiving notification,
the health-related licensing board shall make a determination as to whether to impose
disciplinary or corrective action under chapter 214.

deleted text begin (b) This section does not apply to a background study of an individual regulated by a
health-related licensing board if the individual's study is related to child foster care, adult
foster care, or family child care licensure.
 deleted text end

Sec. 56.

Minnesota Statutes 2022, section 245C.33, subdivision 4, is amended to read:


Subd. 4.

Information commissioner reviews.

(a) The commissioner shall review the
following information regarding the background study subject:

(1) the information under section 245C.08, subdivisions 1, 3, and 4;

(2) information from the child abuse and neglect registry for any state in which the
subject has resided for the past five years; and

(3) information from national crime information databases, when required under section
245C.08.

(b) The commissioner shall provide any information collected under this subdivision to
the county or private agency that initiated the background study. The commissioner shall
also provide the agencydeleted text begin :
deleted text end

deleted text begin (1)deleted text end new text begin with anew text end notice whether the information collected shows that the subject of the
background study has a conviction listed in United States Code, title 42, section
671(a)(20)(A)deleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (2) for background studies conducted under subdivision 1, paragraph (a), the date of all
adoption-related background studies completed on the subject by the commissioner after
June 30, 2007, and the name of the county or private agency that initiated the adoption-related
background study.
 deleted text end

Sec. 57.

Minnesota Statutes 2022, section 245E.06, subdivision 3, is amended to read:


Subd. 3.

Appeal of department action.

A provider's rights related to the department's
action taken under this chapter against a provider are established in sections 119B.16 deleted text begin anddeleted text end new text begin ,new text end
119B.161new text begin , and 119B.162new text end .

Sec. 58.

Minnesota Statutes 2022, section 245E.08, is amended to read:


245E.08 REPORTING OF SUSPECTED FRAUDULENT ACTIVITY.

(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.

(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 begin (c) After an investigation is complete, the reporter's name must be kept confidential.
The subject of the report may compel disclosure of the reporter's name only with the consent
of the reporter or upon a written finding by a district court that the report was false and there
is evidence that the report was made in bad faith. This paragraph does not alter disclosure
responsibilities or obligations under the Rules of Criminal Procedure, except that when the
identity of the reporter is relevant to a criminal prosecution the district court shall conduct
an in-camera review before determining whether to order disclosure of the reporter's identity.
 new text end

Sec. 59.

Minnesota Statutes 2022, section 245G.13, subdivision 2, is amended to read:


Subd. 2.

Staff development.

(a) A license holder must ensure that each staff member
has the training described in this subdivision.

(b) Each staff member must be trained every two years in:

(1) client confidentiality rules and regulations and client ethical boundaries; and

(2) emergency procedures and client rights as specified in sections 144.651, 148F.165,
and 253B.03.

(c) Annually each staff member with direct contact must be trained on mandatory
reporting as specified in sections 245A.65, 626.557, and 626.5572, and chapter 260E,
including specific training covering the license holder's policies for obtaining a release of
client information.

(d) Upon employment and annually thereafter, each staff member with direct contact
must receive training on HIV minimum standards according to section 245A.19.

new text begin (e) The license holder must ensure that each mandatory reporter, as described in section
260E.06, subdivision 1, is trained on the maltreatment of minors reporting requirements
and definitions in chapter 260E before the mandatory reporter has direct contact, as defined
in section 245C.02, subdivision 11, with a person served by the program.
 new text end

deleted text begin (e)deleted text end new text begin (f)new text end A treatment director, supervisor, nurse, or counselor must have a minimum of 12
hours of training in co-occurring disorders that includes competencies related to philosophy,
trauma-informed care, screening, assessment, diagnosis and person-centered treatment
planning, documentation, programming, medication, collaboration, mental health
consultation, and discharge planning. A new staff member who has not obtained the training
must complete the training within six months of employment. A staff member may request,
and the license holder may grant, credit for relevant training obtained before employment,
which must be documented in the staff member's personnel file.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
 new text end

Sec. 60.

Minnesota Statutes 2022, section 245H.03, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Notification required. new text end

new text begin (a) A certification holder must notify the commissioner,
in a manner prescribed by the commissioner, and obtain the commissioner's approval before
making any changes:
 new text end

new text begin (1) to the certification holder as defined in section 245H.01, subdivision 4;
 new text end

new text begin (2) to the certification holder contact person as defined in section 245H.01, subdivision
4a;
 new text end

new text begin (3) to the certification holder information on file with the secretary of state or Department
of Revenue;
 new text end

new text begin (4) in the location of the program certified under this chapter;
 new text end

new text begin (5) to the ages of children served by the program; or
 new text end

new text begin (6) to the certified center's schedule including its:
 new text end

new text begin (i) yearly schedule;
 new text end

new text begin (ii) hours of operation; or
 new text end

new text begin (iii) days of the week it is open.
 new text end

new text begin (b) When, for reasons beyond the certification holder's control, a certification holder
cannot provide the commissioner with prior notice of the changes in paragraph (a), the
certification holder must notify the commissioner by the tenth business day after the change
and must provide any additional information requested by the commissioner.
 new text end

new text begin (c) When a certification holder notifies the commissioner of a change to the certification
holder information on file with the secretary of state, the certification holder must provide
documentation of the change.
 new text end

new text begin (d) Upon implementation of the provider licensing and reporting hub, certification holders
must enter and update information in the hub in a manner prescribed by the commissioner.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
 new text end

Sec. 61.

Minnesota Statutes 2022, section 245H.05, is amended to read:


245H.05 MONITORING AND INSPECTIONS.

(a) The commissioner must conduct an on-site inspection of a certified license-exempt
child care center at least deleted text begin annuallydeleted text end new text begin once each calendar yearnew text end to determine compliance with
the health, safety, and fire standards specific to a certified license-exempt child care center.

(b) No later than November 19, 2017, the commissioner shall make publicly available
on the department's website the results of inspection reports for all certified centers including
the number of deaths, serious injuries, and instances of substantiated child maltreatment
that occurred in certified centers each year.

new text begin EFFECTIVE DATE. new text end

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

Sec. 62.

Minnesota Statutes 2022, section 245H.08, subdivision 4, is amended to read:


Subd. 4.

Maximum group size.

(a) For a child six weeks old through 16 months old,
the maximum group size shall be no more than eight children.

(b) For a child 16 months old through 33 months old, the maximum group size shall be
no more than 14 children.

(c) For a child 33 months old through prekindergarten, a maximum group size shall be
no more than 20 children.

(d) For a child in kindergarten through 13 years old, a maximum group size shall be no
more than 30 children.

(e) The maximum group size applies at all times except during group activity coordination
time not exceeding 15 minutes, during a meal, outdoor activity, field trip, nap and rest, and
special activity including a film, guest speaker, indoor large muscle activity, or holiday
program.

new text begin (f) Notwithstanding paragraph (d), a certified center may continue to serve a child 14
years of age or older if one of the following conditions is true:
 new text end

new text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
 new text end

new text begin (2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.
 new text end

Sec. 63.

Minnesota Statutes 2022, section 245H.08, subdivision 5, is amended to read:


Subd. 5.

Ratios.

(a) The minimally acceptable staff-to-child ratios are:

six weeks old through 16 months old
 1:4
16 months old through 33 months old
 1:7
33 months old through prekindergarten
 1:10
kindergarten through 13 years old
 1:15

(b) Kindergarten includes a child of sufficient age to have attended the first day of
kindergarten or who is eligible to enter kindergarten within the next four months.

(c) For mixed groups, the ratio for the age group of the youngest child applies.

new text begin (d) Notwithstanding paragraph (a), a certified center may continue to serve a child 14
years of age or older if one of the following conditions is true:
 new text end

new text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
 new text end

new text begin (2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
 new text end

Sec. 64.

Minnesota Statutes 2022, section 245H.13, subdivision 3, is amended to read:


Subd. 3.

Administration of medication.

(a) A certified center that chooses to administer
medicine must meet the requirements in this subdivision.

(b) The certified center must obtain written permission from the child's parent or legal
guardian before administering prescription medicine,new text begin nonprescription medicine,new text end diapering
product, sunscreen lotion, and insect repellent.

(c) The certified center must administer nonprescription medicine, diapering product,
sunscreen lotion, and insect repellent according to the manufacturer's instructions unless
provided written instructions by a licensed health professional to use a product differently.

(d) The certified center must obtain and follow written instructions from the prescribing
health professional before administering prescription medicine. Medicine with the child's
first and last name and current prescription information on the label is considered written
instructions.

(e) The certified center must ensure allnew text begin prescription and nonprescriptionnew text end medicine is:

(1) kept in the medicine's original container with a legible label stating the child's first
and last name;

(2) given only to the child whose name is on the label;

(3) not given after an expiration date on the label; and

(4) returned to the child's parent or legal guardian or destroyed, if unused.

(f) The certified center must document in the child's record the administration ofnew text begin
prescription and nonprescriptionnew text end medication, including the child's first and last name; the
name of the medication or prescription number; the date, time, and dosage; and the name
and signature of the person who administered the medicine. This documentation must be
available to the child's parent or legal guardian.

(g) The certified center must storenew text begin prescription and nonprescriptionnew text end medicines, insect
repellents, and diapering products according to directions on the original container.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
 new text end

Sec. 65.

Minnesota Statutes 2022, section 245H.13, subdivision 7, is amended to read:


Subd. 7.

Risk reduction plan.

(a) The certified center must develop a risk reduction
plan that identifies risks to children served by the child care center. The assessment of risk
must include risks presented by (1) the physical plant where the certified services are
provided, including electrical hazards; and (2) the environment, including the proximity to
busy roads and bodies of water.

(b) The certification holder must establish policies and procedures to minimize identified
risks. After any change to the risk reduction plan, the certification holder must inform staff
of the change in the risk reduction plan and document that staff were informed of the change.

new text begin (c) If middle-school-age children are enrolled in the center and combined with elementary
children, the certification holder must establish policies and procedures to ensure adequate
supervision as defined in subdivision 10 when children are grouped together.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
 new text end

Sec. 66.

Minnesota Statutes 2022, section 245H.13, subdivision 9, is amended to read:


Subd. 9.

Behavior guidance.

The certified center must ensure that staff and volunteers
use positive behavior guidance and do not subject children to:

(1) corporal punishment, including but not limited to rough handling, shoving, hair
pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, and spanking;

(2) humiliation;

(3) abusive language;

(4) the use of mechanical restraints, including tying;

(5) the use of physical restraints other than to physically hold a child when containment
is necessary to protect a child or others from harm; deleted text begin or
deleted text end

new text begin (6) prone restraints, as prohibited by section 245A.211; or
 new text end

deleted text begin (6)deleted text end new text begin (7)new text end the withholding or forcing of food and other basic needs.

Sec. 67.

Minnesota Statutes 2022, section 245I.20, subdivision 10, is amended to read:


Subd. 10.

Application procedures.

(a) The applicant for certification must submit any
documents that the commissioner requires on forms approved by the commissioner.

(b) Upon submitting an application for certification, an applicant must pay the application
fee required by section 245A.10, subdivision 3.

(c) The commissioner must act on an application within 90 working days of receiving
a completed application.

(d) When the commissioner receives an application for initial certification that is
incomplete because the applicant failed to submit required documents or is deficient because
the submitted documents do not meet certification requirements, the commissioner must
provide the applicant with written notice that the application is incomplete or deficient. In
the notice, the commissioner must identify the particular documents that are missing or
deficient and give the applicant 45 days to submit a second application that is complete. An
applicant's failure to submit a complete application within 45 days after receiving notice
from the commissioner is a basis for certification denial.

(e) The commissioner must give notice of a denial to an applicant when the commissioner
has made the decision to deny the certification application. In the notice of denial, the
commissioner must state the reasons for the denial in plain language. The commissioner
must send or deliver the notice of denial to an applicant by certified mail or personal service.
In the notice of denial, the commissioner must state the reasons that the commissioner denied
the application and must inform the applicant of the applicant's right to request a contested
case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The
applicant may appeal the denial by notifying the commissioner in writing by certified mail
or personal service. If mailed, the appeal must be postmarked and sent to the commissioner
within 20 calendar days after the applicant received the notice of denial. If an applicant
delivers an appeal by personal service, the commissioner must receive the appeal within 20
calendar days after the applicant received the notice of denial.

new text begin (f) The commissioner may require the applicant or certification holder to provide an
email address for the certification holder that will be made public subject to the requirements
under section 13.46, subdivision 4, paragraph (b), clause (1), item (i).
 new text end

Sec. 68.

Minnesota Statutes 2022, section 256.9685, subdivision 1a, is amended to read:


Subd. 1a.

Administrative reconsideration.

Notwithstanding section 256B.04,
subdivision 15, the commissioner shall establish an administrative reconsideration process
for appeals of inpatient hospital services determined to be medically unnecessary. A
physician, advanced practice registered nurse, physician assistant, or hospital may request
a reconsideration of the decision that inpatient hospital services are not medically necessary
by submitting a written request for review to the commissioner within 30 new text begin calendar new text end days
after deleted text begin receivingdeleted text end new text begin the date of thenew text end notice of the decisionnew text begin was mailednew text end . Thenew text begin request fornew text end
reconsideration deleted text begin processdeleted text end shall deleted text begin take place prior to the procedures of subdivision 1b and shall
be conducteddeleted text end new text begin be reviewednew text end by deleted text begin thedeleted text end new text begin at least onenew text end medical review agent that is independent of
the case under reconsideration.new text begin The medical review agent shall make a recommendation to
the commissioner. The commissioner's decision on reconsideration is final and not subject
to appeal under chapter 14.
new text end

Sec. 69.

Minnesota Statutes 2022, section 256.9685, subdivision 1b, is amended to read:


Subd. 1b.

Appeal of reconsideration.

deleted text begin Notwithstanding section 256B.72, the
commissioner may recover inpatient hospital payments for services that have been determined
to be medically unnecessary after the reconsideration and determinations. A physician,
advanced practice registered nurse, physician assistant, or hospital may appeal the result of
the reconsideration process by submitting a written request for review to the commissioner
within 30 days after receiving notice of the action. The commissioner shall review the
medical record and information submitted during the reconsideration process and the medical
review agent's basis for the determination that the services were not medically necessary
for inpatient hospital services. The commissioner shall issue an order upholding or reversing
the decision of the reconsideration process based on the review. deleted text end new text begin The commissioner's decision
under subdivision 1a is appealable by petition for writ of certiorari under chapter 606.
 new text end

Sec. 70.

Minnesota Statutes 2022, section 256.9686, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Medical review agent. new text end

new text begin "Medical review agent" means the representative of
the commissioner who is authorized by the commissioner to administer medical record
reviews; conduct administrative reconsiderations as defined by section 256.9685, subdivision
1a; and perform other functions as stipulated in the terms of the agent's contract with the
department. Medical records reviews and administrative reconsiderations will be performed
by medical professionals within their scope of expertise, including but not limited to
physicians, physician assistants, advanced practice registered nurses, and registered nurses.
The medical professional performing the review or reconsideration must be on staff with
the medical review agent, in good standing, and licensed to practice in the state where the
medical professional resides.
 new text end

Sec. 71.

Minnesota Statutes 2022, section 256B.04, subdivision 15, is amended to read:


Subd. 15.

Utilization review.

(a) Establish on a statewide basis a new program to
safeguard against unnecessary or inappropriate use of medical assistance services, against
excess payments, against unnecessary or inappropriate hospital admissions or lengths of
stay, and against underutilization of services in prepaid health plans, long-term care facilities
or any health care delivery system subject to fixed rate reimbursement. In implementing
the program, the state agency shall utilize both prepayment and postpayment review systems
to determine if utilization is reasonable and necessary. The determination of whether services
are reasonable and necessary shall be made by the commissioner in consultation with a
professional services advisory group or health care consultant appointed by the commissioner.

(b) Contracts entered into for purposes of meeting the requirements of this subdivision
shall not be subject to the set-aside provisions of chapter 16C.

(c) A recipient aggrieved by the commissioner's termination of services or denial of
future services may appeal pursuant to section 256.045. new text begin Unless otherwise provided by law,
new text end a vendor aggrieved by the commissioner's determination that services provided were not
reasonable or necessary may appeal pursuant to the contested case procedures of chapter
14. To appeal, the vendor shall notify the commissioner in writing within 30 days of receiving
the commissioner's notice. The appeal request shall specify each disputed item, the reason
for the dispute, an estimate of the dollar amount involved for each disputed item, the
computation that the vendor believes is correct, the authority in statute or rule upon which
the vendor relies for each disputed item, the name and address of the person or firm with
whom contacts may be made regarding the appeal, and other information required by the
commissioner.

(d) The commissioner may select providers to provide case management services to
recipients who use health care services inappropriately or to recipients who are eligible for
other managed care projects. The providers shall be selected based upon criteria that may
include a comparison with a peer group of providers related to the quality, quantity, or cost
of health care services delivered or a review of sanctions previously imposed by health care
services programs or the provider's professional licensing board.

Sec. 72.

Minnesota Statutes 2022, section 256B.064, is amended to read:


256B.064 SANCTIONS; MONETARY RECOVERY.

Subdivision 1.

Terminating payments to ineligible deleted text begin vendorsdeleted text end new text begin individuals or entitiesnew text end .

The
commissioner may terminate payments under this chapter to any person or facility that,
under applicable federal law or regulation, has been determined to be ineligible for payments
under title XIX of the Social Security Act.

Subd. 1a.

Grounds for sanctions deleted text begin against vendorsdeleted text end .

(a) The commissioner may impose
sanctions against deleted text begin a vendor of medical caredeleted text end new text begin any individual or entity that receives payments
from medical assistance or provides goods or services for which payment is made from
medical assistancenew text end for any of the following: (1) fraud, theft, or abuse in connection with the
provision of deleted text begin medical caredeleted text end new text begin goods and servicesnew text end to recipients of public assistancenew text begin for which
payment is made from medical assistancenew text end ; (2) a pattern of presentment of false or duplicate
claims or claims for services not medically necessary; (3) a pattern of making false statements
of material facts for the purpose of obtaining greater compensation than that to which the
deleted text begin vendordeleted text end new text begin individual or entitynew text end is legally entitled; (4) suspension or termination as a Medicare
vendor; (5) refusal to grant the state agency access during regular business hours to examine
all records necessary to disclose the extent of services provided to program recipients and
appropriateness of claims for payment; (6) failure to repay an overpayment or a fine finally
established under this section; (7) failure to correct errors in the maintenance of health
service or financial records for which a fine was imposed or after issuance of a warning by
the commissioner; and (8) any reason for which deleted text begin a vendordeleted text end new text begin an individual or entitynew text end could be
excluded from participation in the Medicare program under section 1128, 1128A, or
1866(b)(2) of the Social Security Act.new text begin For the purposes of this section, goods or services
for which payment is made from medical assistance includes but is not limited to care and
services identified in section 256B.0625 or provided pursuant to any federally approved
waiver.
new text end

(b) The commissioner may impose sanctions against a pharmacy provider for failure to
respond to a cost of dispensing survey under section 256B.0625, subdivision 13e, paragraph
(h).

Subd. 1b.

Sanctions available.

The commissioner may impose the following sanctions
for the conduct described in subdivision 1a: suspension or withholding of payments to deleted text begin a
vendordeleted text end new text begin an individual or entitynew text end and suspending or terminating participation in the program,
or imposition of a fine under subdivision 2, paragraph (f). When imposing sanctions under
this section, the commissioner shall consider the nature, chronicity, or severity of the conduct
and the effect of the conduct on the health and safety of persons served by the deleted text begin vendordeleted text end new text begin
individual or entitynew text end . The commissioner shall suspend deleted text begin a vendor'sdeleted text end new text begin an individual's or entity'snew text end
participation in the program for a minimum of five years if the deleted text begin vendordeleted text end new text begin individual or entitynew text end
is convicted of a crime, received a stay of adjudication, or entered a court-ordered diversion
program for an offense related to a provision of a health service under medical assistancenew text begin ,
including a federally approved waiver,new text end or health care fraud. Regardless of imposition of
sanctions, the commissioner may make a referral to the appropriate state licensing board.

Subd. 1c.

Grounds for and methods of monetary recovery.

(a) The commissioner
may obtain monetary recovery from deleted text begin a vendor whodeleted text end new text begin an individual or entity thatnew text end has been
improperly paid new text begin by the department new text end either as a result of conduct described in subdivision 1a
or as a result of deleted text begin a vendor or departmentdeleted text end new text begin annew text end errornew text begin by the individual or entity submitting the
claim or by the departmentnew text end , regardless of whether the error was intentional. Patterns need
not be proven as a precondition to monetary recovery of erroneous or false claims, duplicate
claims, claims for services not medically necessary, or claims based on false statements.

(b) The commissioner may obtain monetary recovery using methods including but not
limited to the following: assessing and recovering money improperly paid and debiting from
future payments any money improperly paid. The commissioner shall charge interest on
money to be recovered if the recovery is to be made by installment payments or debits,
except when the monetary recovery is of an overpayment that resulted from a department
error. The interest charged shall be the rate established by the commissioner of revenue
under section 270C.40.

Subd. 1d.

Investigative costs.

The commissioner may seek recovery of investigative
costs from any deleted text begin vendor of medical care or services whodeleted text end new text begin individual or entity thatnew text end willfully
submits a claim for reimbursement for services that the deleted text begin vendordeleted text end new text begin individual or entitynew text end knows,
or reasonably should have known, is a false representation and that results in the payment
of public funds for which the deleted text begin vendordeleted text end new text begin individual or entitynew text end is ineligible. Billing errors that
result in unintentional overcharges shall not be grounds for investigative cost recoupment.

Subd. 2.

Imposition of monetary recovery and sanctions.

(a) The commissioner shall
determine any monetary amounts to be recovered and sanctions to be imposed upon deleted text begin a vendor
of medical caredeleted text end new text begin an individual or entitynew text end under this section. Except as provided in paragraphs
(b) and (d), neither a monetary recovery nor a sanction will be imposed by the commissioner
without prior notice and an opportunity for a hearing, according to chapter 14, on the
commissioner's proposed action, provided that the commissioner may suspend or reduce
payment to deleted text begin a vendor of medical caredeleted text end new text begin an individual or entitynew text end , except a nursing home or
convalescent care facility, after notice and prior to the hearing if in the commissioner's
opinion that action is necessary to protect the public welfare and the interests of the program.

(b) Except when the commissioner finds good cause not to suspend payments under
Code of Federal Regulations, title 42, section 455.23 (e) or (f), the commissioner shall
withhold or reduce payments to deleted text begin a vendor of medical caredeleted text end new text begin an individual or entitynew text end without
providing advance notice of such withholding or reduction if either of the following occurs:

(1) the deleted text begin vendordeleted text end new text begin individual or entitynew text end is convicted of a crime involving the conduct described
in subdivision 1a; or

(2) the commissioner determines there is a credible allegation of fraud for which an
investigation is pending under the program. new text begin Allegations are considered credible when they
have an indicium of reliability and the state agency has reviewed all allegations, facts, and
evidence carefully and acts judiciously on a case-by-case basis. new text end A credible allegation of
fraud is an allegation which has been verified by the state, from any source, including but
not limited to:

(i) fraud hotline complaints;

(ii) claims data mining; and

(iii) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations.

deleted text begin Allegations are considered to be credible when they have an indicia of reliability and
the state agency has reviewed all allegations, facts, and evidence carefully and acts
judiciously on a case-by-case basis.
 deleted text end

(c) The commissioner must send notice of the withholding or reduction of payments
under paragraph (b) within five days of taking such action unless requested in writing by a
law enforcement agency to temporarily withhold the notice. The notice must:

(1) state that payments are being withheld according to paragraph (b);

(2) set forth the general allegations as to the nature of the withholding action, but need
not disclose any specific information concerning an ongoing investigation;

(3) except in the case of a conviction for conduct described in subdivision 1a, state that
the withholding is for a temporary period and cite the circumstances under which withholding
will be terminated;

(4) identify the types of claims to which the withholding applies; and

(5) inform the deleted text begin vendordeleted text end new text begin individual or entitynew text end of the right to submit written evidence for
consideration by the commissioner.

new text begin (d) new text end The withholding or reduction of payments will not continue after the commissioner
determines there is insufficient evidence of fraud by the deleted text begin vendordeleted text end new text begin individual or entitynew text end , or after
legal proceedings relating to the alleged fraud are completed, unless the commissioner has
sent notice of intention to impose monetary recovery or sanctions under paragraph (a). Upon
conviction for a crime related to the provision, management, or administration of a health
service under medical assistance, a payment held pursuant to this section by the commissioner
or a managed care organization that contracts with the commissioner under section 256B.035
is forfeited to the commissioner or managed care organization, regardless of the amount
charged in the criminal complaint or the amount of criminal restitution ordered.

deleted text begin (d)deleted text end new text begin (e)new text end The commissioner shall suspend or terminate deleted text begin a vendor'sdeleted text end new text begin an individual's or entity'snew text end
participation in the program without providing advance notice and an opportunity for a
hearing when the suspension or termination is required because of the deleted text begin vendor'sdeleted text end new text begin individual's
or entity'snew text end exclusion from participation in Medicare. Within five days of taking such action,
the commissioner must send notice of the suspension or termination. The notice must:

(1) state that suspension or termination is the result of the deleted text begin vendor'sdeleted text end new text begin individual's or entity'snew text end
exclusion from Medicare;

(2) identify the effective date of the suspension or termination; and

(3) inform the deleted text begin vendordeleted text end new text begin individual or entitynew text end of the need to be reinstated to Medicare before
reapplying for participation in the program.

deleted text begin (e)deleted text end new text begin (f)new text end Upon receipt of a notice under paragraph (a) that a monetary recovery or sanction
is to be imposed, deleted text begin a vendordeleted text end new text begin an individual or entitynew text end may request a contested case, as defined
in section 14.02, subdivision 3, by filing with the commissioner a written request of appeal.
The appeal request must be received by the commissioner no later than 30 days after the
date the notification of monetary recovery or sanction was mailed to the deleted text begin vendordeleted text end new text begin individual
or entitynew text end . The appeal request must specify:

(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount
involved for each disputed item;

(2) the computation that the deleted text begin vendordeleted text end new text begin individual or entitynew text end believes is correct;

(3) the authority in statute or rule upon which the deleted text begin vendordeleted text end new text begin individual or entitynew text end relies for
each disputed item;

(4) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and

(5) other information required by the commissioner.

deleted text begin (f)deleted text end new text begin (g)new text end The commissioner may order deleted text begin a vendordeleted text end new text begin an individual or entitynew text end to forfeit a fine for
failure to fully document services according to standards in this chapter and Minnesota
Rules, chapter 9505. The commissioner may assess fines if specific required components
of documentation are missing. The fine for incomplete documentation shall equal 20 percent
of the amount paid on the claims for reimbursement submitted by the deleted text begin vendordeleted text end new text begin individual or
entitynew text end , or up to $5,000, whichever is less. If the commissioner determines that deleted text begin a vendordeleted text end new text begin an
individual or entitynew text end repeatedly violated this chapter, chapter 254B or 245G, or Minnesota
Rules, chapter 9505, related to the provision of services to program recipients and the
submission of claims for payment, the commissioner may order deleted text begin a vendordeleted text end new text begin an individual or
entitynew text end to forfeit a fine based on the nature, severity, and chronicity of the violations, in an
amount of up to $5,000 or 20 percent of the value of the claims, whichever is greater.new text begin The
commissioner may issue fines under this paragraph in place of or in addition to full monetary
recovery of the value of the claims submitted under subdivision 1c.
new text end

deleted text begin (g)deleted text end new text begin (h)new text end The deleted text begin vendordeleted text end new text begin individual or entitynew text end shall pay the fine assessed on or before the
payment date specified. If the deleted text begin vendordeleted text end new text begin individual or entitynew text end fails to pay the fine, the
commissioner may withhold or reduce payments and recover the amount of the fine. A
timely appeal shall stay payment of the fine until the commissioner issues a final order.

Subd. 3.

deleted text begin Vendordeleted text end Mandates on prohibited payments.

(a) The commissioner shall
maintain and publish a list of each excluded individual and entity that was convicted of a
crime related to the provision, management, or administration of a medical assistance health
service, or suspended or terminated under subdivision 2. Medical assistance payments cannot
be made by deleted text begin a vendordeleted text end new text begin an individual or entitynew text end for items or services furnished either directly
or indirectly by an excluded individual or entity, or at the direction of excluded individuals
or entities.

(b) The deleted text begin vendordeleted text end new text begin entitynew text end must check the exclusion list on a monthly basis and document
the date and time the exclusion list was checked and the name and title of the person who
checked the exclusion list. The deleted text begin vendordeleted text end new text begin entitynew text end must immediately terminate payments to an
individual or entity on the exclusion list.

(c) deleted text begin A vendor'sdeleted text end new text begin An entity'snew text end requirement to check the exclusion list and to terminate
payments to individuals or entities on the exclusion list applies to each individual or entity
on the exclusion list, even if the named individual or entity is not responsible for direct
patient care or direct submission of a claim to medical assistance.

(d) deleted text begin A vendordeleted text end new text begin An entitynew text end that pays medical assistance program funds to an individual or
entity on the exclusion list must refund any payment related to either items or services
rendered by an individual or entity on the exclusion list from the date the individual or entity
is first paid or the date the individual or entity is placed on the exclusion list, whichever is
later, and deleted text begin a vendordeleted text end new text begin an entitynew text end may be subject to:

(1) sanctions under subdivision 2;

(2) a civil monetary penalty of up to $25,000 for each determination by the department
that the vendor employed or contracted with an individual or entity on the exclusion list;
and

(3) other fines or penalties allowed by law.

Subd. 4.

Notice.

(a) The new text begin department shall serve the new text end notice required under subdivision 2
deleted text begin shall be serveddeleted text end by certified mail at the address submitted to the department by the deleted text begin vendordeleted text end new text begin
individual or entitynew text end . Service is complete upon mailing. deleted text begin The commissioner shall place an
affidavit of the certified mailing in the vendor's file as an indication of the address and the
date of mailing.
deleted text end

(b) The department shall give notice in writing to a recipient placed in the Minnesota
restricted recipient program under section 256B.0646 and Minnesota Rules, part 9505.2200.
The new text begin department shall send the new text end notice deleted text begin shall be sentdeleted text end by first class mail to the recipient's current
address on file with the department. A recipient placed in the Minnesota restricted recipient
program may contest the placement by submitting a written request for a hearing to the
department within 90 days of the notice being mailed.

Subd. 5.

Immunity; good faith reporters.

(a) A person who makes a good faith report
is immune from any civil or criminal liability that might otherwise arise from reporting or
participating in the investigation. Nothing in this subdivision affects deleted text begin a vendor'sdeleted text end new text begin an individual's
or entity'snew text end responsibility for an overpayment established under this subdivision.

(b) A person employed by a lead investigative agency who is conducting or supervising
an investigation or enforcing the law according to the applicable law or rule is immune from
any civil or criminal liability that might otherwise arise from the person's actions, if the
person is acting in good faith and exercising due care.

(c) For purposes of this subdivision, "person" includes a natural person or any form of
a business or legal entity.

(d) After an investigation is complete, the reporter's name must be kept confidential.
The subject of the report may compel disclosure of the reporter's name only with the consent
of the reporter or upon a written finding by a district court that the report was false and there
is evidence that the report was made in bad faith. This subdivision does not alter disclosure
responsibilities or obligations under the Rules of Criminal Procedure, except that when the
identity of the reporter is relevant to a criminal prosecution the district court shall conduct
an in-camera review before determining whether to order disclosure of the reporter's identity.

Sec. 73.

Minnesota Statutes 2022, section 256B.27, subdivision 3, is amended to read:


Subd. 3.

Access to medical records.

The commissioner of human services, with the
written consent of the recipient, on file with the local welfare agency, shall be allowed
access new text begin in the manner and within the time prescribed by the commissioner new text end to all personal
medical records of medical assistance recipients solely for the purposes of investigating
whether or not: (a) a vendor of medical care has submitted a claim for reimbursement, a
cost report or a rate application which is duplicative, erroneous, or false in whole or in part,
or which results in the vendor obtaining greater compensation than the vendor is legally
entitled to; or (b) the medical care was medically necessary. When the commissioner is
investigating a possible overpayment of Medicaid funds, the commissioner must be given
immediate access without prior notice to the vendor's office during regular business hours
and to documentation and records related to services provided and submission of claims
for services provided. The department shall document in writing the need for immediate
access to records related to a specific investigation. Denying the commissioner access to
records is cause for the vendor's immediate suspension of payment or termination according
to section 256B.064. new text begin All providers receiving medical assistance payments must make those
records available immediately to the commissioner upon request. Any records not provided
to the commissioner at the date and time of the request are inadmissible if offered as evidence
by the provider in any proceeding to contest sanctions against or monetary recovery from
the provider. new text end The determination of provision of services not medically necessary shall be
made by the commissioner. Notwithstanding any other law to the contrary, a vendor of
medical care shall not be subject to any civil or criminal liability for providing access to
medical records to the commissioner of human services pursuant to this section.

Sec. 74.

Minnesota Statutes 2022, section 524.5-118, subdivision 2a, is amended to read:


Subd. 2a.

Procedure; state licensing agency data.

(a) The court shall request the
commissioner of human services to provide the court within 25 working days of receipt of
the request with licensing agency data for licenses directly related to the responsibilities of
a professional fiduciary if the study subject indicates current or prior affiliation from the
following agencies in Minnesota:

(1) Lawyers Responsibility Board;

(2) State Board of Accountancy;

(3) Board of Social Work;

(4) Board of Psychology;

(5) Board of Nursing;

(6) Board of Medical Practice;

deleted text begin (7) Department of Education;
 deleted text end

deleted text begin (8)deleted text end new text begin (7)new text end Department of Commerce;

deleted text begin (9)deleted text end new text begin (8)new text end Board of Chiropractic Examiners;

deleted text begin (10)deleted text end new text begin (9)new text end Board of Dentistry;

deleted text begin (11)deleted text end new text begin (10)new text end Board of Marriage and Family Therapy;

deleted text begin (12)deleted text end new text begin (11)new text end Department of Human Services;

deleted text begin (13)deleted text end new text begin (12)new text end Peace Officer Standards and Training (POST) Board; and

deleted text begin (14)deleted text end new text begin (13)new text end Professional Educator Licensing and Standards Board.

(b) The commissioner shall enter into agreements with these agencies to provide the
commissioner with electronic access to the relevant licensing data, and to provide the
commissioner with a quarterly list of new sanctions issued by the agency.

(c) The commissioner shall provide to the court the electronically available data
maintained in the agency's database, including whether the proposed guardian or conservator
is or has been licensed by the agency, and if the licensing agency database indicates a
disciplinary action or a sanction against the individual's license, including a condition,
suspension, revocation, or cancellation.

(d) If the proposed guardian or conservator has resided in a state other than Minnesota
in the previous ten years, licensing agency data under this section shall also include the
licensing agency data from any other state where the proposed guardian or conservator
reported to have resided during the previous ten years if the study subject indicates current
or prior affiliation. If the proposed guardian or conservator has or has had a professional
license in another state that is directly related to the responsibilities of a professional fiduciary
from one of the agencies listed under paragraph (a), state licensing agency data shall also
include data from the relevant licensing agency of that state.

(e) The commissioner is not required to repeat a search for Minnesota or out-of-state
licensing data on an individual if the commissioner has provided this information to the
court within the prior five years.

(f) The commissioner shall review the information in paragraph (c) at least once every
four months to determine if an individual who has been studied within the previous five
years:

(1) has new disciplinary action or sanction against the individual's license; or

(2) did not disclose a prior or current affiliation with a Minnesota licensing agency.

(g) If the commissioner's review in paragraph (f) identifies new information, the
commissioner shall provide any new information to the court.

Sec. 75. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, section
245C.02, in alphabetical order and correct any cross-reference changes that result.
 new text end

Sec. 76. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, sections 245A.144; and 245A.175, new text end new text begin are
repealed.
 new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 2960.3070; and 2960.3210, new text end new text begin are repealed.
 new text end

new text begin (c) new text end new text begin Minnesota Rules, part 9502.0425, subparts 5 and 10, new text end new text begin are repealed.
 new text end

new text begin Subd. 2. new text end

new text begin Minnesota Statutes 2022, section 245A.22, new text end new text begin is repealed.
 new text end

new text begin Subd. 3. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, sections 245C.02, subdivision 9; and 245C.301, new text end new text begin
are repealed.
 new text end

new text begin (b) new text end new text begin Minnesota Statutes 2022, section 256.9685, subdivisions 1c and 1d, new text end new text begin and new text end new text begin Minnesota
Rules, parts 9505.0505, subpart 18; and 9505.0520, subpart 9b, new text end new text begin are repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1 is effective January 1, 2024; subdivision 2 is
effective the day following final enactment; and subdivision 3 is effective August 1, 2023.
 new text end

ARTICLE 7

MISCELLANEOUS

Section 1.

Minnesota Statutes 2022, section 245.50, subdivision 5, is amended to read:


Subd. 5.

Special contracts; bordering states.

(a) An individual who is detained,
committed, or placed on an involuntary basis under chapter 253B may be confined or treated
in a bordering state pursuant to a contract under this section. An individual who is detained,
committed, or placed on an involuntary basis under the civil law of a bordering state may
be confined or treated in Minnesota pursuant to a contract under this section. A peace or
health officer who is acting under the authority of the sending state may transport an
individual to a receiving agency that provides services pursuant to a contract under this
section and may transport the individual back to the sending state under the laws of the
sending state. Court orders valid under the law of the sending state are granted recognition
and reciprocity in the receiving state for individuals covered by a contract under this section
to the extent that the court orders relate to confinement for treatment or care of mental
illness, chemical dependency, or detoxification. Such treatment or care may address other
conditions that may be co-occurring with the mental illness or chemical dependency. These
court orders are not subject to legal challenge in the courts of the receiving state. Individuals
who are detained, committed, or placed under the law of a sending state and who are
transferred to a receiving state under this section continue to be in the legal custody of the
authority responsible for them under the law of the sending state. Except in emergencies,
those individuals may not be transferred, removed, or furloughed from a receiving agency
without the specific approval of the authority responsible for them under the law of the
sending state.

(b) While in the receiving state pursuant to a contract under this section, an individual
shall be subject to the sending state's laws and rules relating to length of confinement,
reexaminations, and extensions of confinement. No individual may be sent to another state
pursuant to a contract under this section until the receiving state has enacted a law recognizing
the validity and applicability of this section.

(c) If an individual receiving services pursuant to a contract under this section leaves
the receiving agency without permission and the individual is subject to involuntary
confinement under the law of the sending state, the receiving agency shall use all reasonable
means to return the individual to the receiving agency. The receiving agency shall
immediately report the absence to the sending agency. The receiving state has the primary
responsibility for, and the authority to direct, the return of these individuals within its borders
and is liable for the cost of the action to the extent that it would be liable for costs of its
own resident.

(d) Responsibility for payment for the cost of care remains with the sending agency.

(e) This subdivision also applies to county contracts under subdivision 2 which include
emergency care and treatment provided to a county resident in a bordering state.

(f) If a Minnesota resident is admitted to a facility in a bordering state under this chapter,
deleted text begin a physician, a licensed psychologist who has a doctoral degree in psychology, or an advanced
practice registered nurse certified in mental health,deleted text end new text begin an individualnew text end who is licensed in the
bordering state, may act as a court examiner under sections 253B.07, 253B.08, 253B.092,
253B.12, and 253B.17 subject to the same requirements and limitations in section 253B.02,
deleted text begin subdivisiondeleted text end new text begin subdivisions 4d andnew text end 7. An examiner under section 253B.02, subdivision 7, may
initiate an emergency hold under section 253B.051 on a Minnesota resident who is in a
hospital that is under contract with a Minnesota governmental entity under this section
provided the resident, in the opinion of the examiner, meets the criteria in section 253B.051.

(g) This section shall apply to detoxification services that are unrelated to treatment
whether the services are provided on a voluntary or involuntary basis.

Sec. 2.

Minnesota Statutes 2022, section 254A.035, subdivision 2, is amended to read:


Subd. 2.

Membership terms, compensation, removal and expiration.

The membership
of this council shall be composed of 17 persons who are American Indians and who are
appointed by the commissioner. The commissioner shall appoint one representative from
each of the following groups: Red Lake Band of Chippewa Indians; Fond du Lac Band,
Minnesota Chippewa Tribe; Grand Portage Band, Minnesota Chippewa Tribe; Leech Lake
Band, Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa Tribe; Bois Forte
Band, Minnesota Chippewa Tribe; White Earth Band, Minnesota Chippewa Tribe; Lower
Sioux Indian Reservation; Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton
Sioux Indian Reservation; Upper Sioux Indian Reservation; International Falls Northern
Range; Duluth Urban Indian Community; and two representatives from the Minneapolis
Urban Indian Community and two from the St. Paul Urban Indian Community. The terms,
compensation, and removal of American Indian Advisory Council members shall be as
provided in section 15.059. deleted text begin The council expires June 30, 2023.
deleted text end

Sec. 3.

Minnesota Statutes 2022, section 256B.093, subdivision 1, is amended to read:


Subdivision 1.

State traumatic brain injury program.

(a) The commissioner of human
services shall:

(1) maintain a statewide traumatic brain injury program;

(2) supervise and coordinate services and policies for persons with traumatic brain
injuries;

(3) contract with qualified agencies or employ staff to provide statewide administrative
case management and consultation;

(4) maintain an advisory committee to provide recommendations in reports to the
commissioner regarding program and service needs of persons with brain injuries;

(5) investigate the need for the development of rules or statutes for the brain injury home
and community-based services waiver; and

(6) investigate present and potential models of service coordination which can be
delivered at the local level.

(b) The advisory committee required by paragraph (a), clause (4), must consist of no
fewer than ten members and no more than 30 members. The commissioner shall appoint
all advisory committee members to one- or two-year terms and appoint one member as
chair. deleted text begin The advisory committee expires on June 30, 2023.
deleted text end

Sec. 4.

Laws 2021, First Special Session chapter 7, article 2, section 17, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective July 1, 2021, except deleted text begin subdivision 6,
paragraph (b), is effective upon federal approval anddeleted text end subdivision 15 is effective the day
following final enactment. deleted text begin The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
deleted text end

Sec. 5.

Laws 2021, First Special Session chapter 7, article 6, section 12, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective July 1, 2021deleted text begin , or upon federal approval,
whichever is laterdeleted text end . deleted text begin The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
deleted text end

Sec. 6.

Laws 2021, First Special Session chapter 7, article 11, section 18, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective July 1, 2021, deleted text begin or upon federal approval,
whichever is later,deleted text end except paragraph (f) is effective the day following final enactment. deleted text begin The
commissioner shall notify the revisor of statutes when federal approval is obtained.
deleted text end

Sec. 7.

Laws 2021, First Special Session chapter 7, article 13, section 43, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective January 1, 2022deleted text begin , or upon federal approval,
whichever is later, except the fifth sentence in paragraph (d) is effective January 1, 2022deleted text end .
deleted text begin The commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
deleted text end

Sec. 8.

Laws 2022, chapter 98, article 4, section 37, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective July 1, 2022deleted text begin , or upon federal approval,
whichever is laterdeleted text end . deleted text begin The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
deleted text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 260.835, subdivision 2, new text end new text begin is repealed.
 new text end

ARTICLE 8

PROHIBITION ON CONVERSION THERAPY

Section 1.

new text begin [214.078] PROTECTION FROM CONVERSION THERAPY.
 new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Conversion therapy" means any practice by a mental health
practitioner as defined in section 245I.04, subdivision 4, or mental health professional as
defined in section 245I.04, subdivision 2, that seeks to change an individual's sexual
orientation or gender identity, including efforts to change behaviors or gender expressions
or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of
the same gender. Conversion therapy does not include counseling that provides assistance
to an individual undergoing gender transition, or counseling that provides acceptance,
support, and understanding of an individual or facilitates an individual's coping, social
support, and identity exploration and development, including sexual-orientation-neutral
interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as
the counseling does not seek to change an individual's sexual orientation or gender identity.
 new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) No mental health practitioner or mental health professional
shall engage in conversion therapy with a client younger than 18 years of age or with a
vulnerable adult as defined in section 626.5572, subdivision 21.
 new text end

new text begin (b) Conversion therapy attempted by a mental health practitioner or mental health
professional with a client younger than 18 years of age or with a vulnerable adult shall be
considered unprofessional conduct that may subject the mental health practitioner or mental
health professional to disciplinary action by the licensing board of the mental health
practitioner or mental health professional.
 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. 2.

Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 5n. new text end

new text begin Conversion therapy. new text end

new text begin Conversion therapy, as defined in section 214.078,
subdivision 1, is not covered.
 new text end

Sec. 3.

Minnesota Statutes 2022, section 325F.69, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Advertisement and sales; misrepresentation of conversion therapy. new text end

new text begin (a) For
purposes of this subdivision, "conversion therapy" means services or products that are
intended to change an individual's sexual orientation or gender identity, including efforts
to change behaviors and gender expressions or to eliminate or reduce sexual or romantic
attractions or feelings toward individuals of the same gender.
 new text end

new text begin (b) No person or entity shall, while conducting any trade or commerce, use or employ
any fraud, false pretense, false promise, false guarantee, misrepresentation, false or
misleading statements, or deceptive practice by advertising or otherwise offering conversion
therapy services that could reasonably be interpreted or inferred as representing
homosexuality as a mental disease, disorder, or illness, or guaranteeing to change an
individual's sexual orientation or gender identity.
 new text end

APPENDIX

Repealed Minnesota Statutes: 23-00276

169A.70 ALCOHOL SAFETY PROGRAMS; CHEMICAL USE ASSESSMENTS.

Subd. 6.

Method of assessment.

(a) As used in this subdivision, "collateral contact" means an oral or written communication initiated by an assessor for the purpose of gathering information from an individual or agency, other than the offender, to verify or supplement information provided by the offender during an assessment under this section. The term includes contacts with family members and criminal justice agencies.

(b) An assessment conducted under this section must include at least one personal interview with the offender designed to make a determination about the extent of the offender's past and present chemical and alcohol use or abuse. It must also include collateral contacts and a review of relevant records or reports regarding the offender including, but not limited to, police reports, arrest reports, driving records, chemical testing records, and test refusal records. If the offender has a probation officer, the officer must be the subject of a collateral contact under this subdivision. If an assessor is unable to make collateral contacts, the assessor shall specify why collateral contacts were not made.

245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA 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 sudden unexpected infant death and abusive head trauma from shaking 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 unexpected infant death and abusive head trauma 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 unexpected infant death and abusive head trauma, means of reducing the risk of sudden unexpected infant death and abusive head trauma, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death and abusive head trauma.

(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.

245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and caregivers in foster family and treatment foster care settings, and all staff providing care in foster residence settings must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health disorders; cultural considerations; and effective approaches for dealing with a child's behaviors. At least one hour of the annual training requirement for the foster family license holder and caregivers, and foster residence staff must be on children's mental health issues and treatment. Except for providers and services under chapter 245D, the annual training must also include at least one hour of training on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required in-service training per year. Short-term substitute caregivers are exempt from these requirements. Training curriculum shall be approved by the commissioner of human services.

245A.22 INDEPENDENT LIVING ASSISTANCE FOR YOUTH.

Subdivision 1.

Independent living assistance for youth.

"Independent living assistance for youth" means a nonresidential program that provides a system of services that includes training, counseling, instruction, supervision, and assistance provided to youth according to the youth's independent living plan, when the placements in the program are made by the county agency. Services may include assistance in locating housing, budgeting, meal preparation, shopping, personal appearance, counseling, and related social support services needed to meet the youth's needs and improve the youth's ability to conduct such tasks independently. Such services shall not extend to youths needing 24-hour per day supervision and services. Youths needing a 24-hour per day program of supervision and services shall not be accepted or retained in an independent living assistance program.

Subd. 2.

Admission.

(a) The license holder shall accept as clients in the independent living assistance program only youth ages 16 to 21 who are in out-of-home placement, leaving out-of-home placement, at risk of becoming homeless, or homeless.

(b) Youth who have current drug or alcohol problems, a recent history of violent behaviors, or a mental health disorder or issue that is not being resolved through counseling or treatment are not eligible to receive the services described in subdivision 1.

(c) Youth who are not employed, participating in employment training, or enrolled in an academic program are not eligible to receive transitional housing or independent living assistance.

(d) The commissioner may grant a variance under section 245A.04, subdivision 9, to requirements in this section.

Subd. 3.

Independent living plan.

(a) Unless an independent living plan has been developed by the local agency, the license holder shall develop a plan based on the client's individual needs that specifies objectives for the client. The services provided shall include those specified in this section. The plan shall identify the persons responsible for implementation of each part of the plan. The plan shall be reviewed as necessary, but at least annually.

(b) The following services, or adequate access to referrals for the following services, must be made available to the targeted youth participating in the programs described in subdivision 1:

(1) counseling services for the youth and their families, if appropriate, on site, to help with problems that contributed to the homelessness or could impede making the transition to independent living;

(2) educational, vocational, or employment services;

(3) health care;

(4) transportation services including, where appropriate, assisting the child in obtaining a driver's license;

(5) money management skills training;

(6) planning for ongoing housing;

(7) social and recreational skills training; and

(8) assistance establishing and maintaining connections with the child's family and community.

Subd. 4.

Records.

(a) The license holder shall maintain a record for each client.

(b) For each client the record maintained by the license holder shall document the following:

(1) admission information;

(2) the independent living plan;

(3) delivery of the services required of the license holder in the independent living plan;

(4) the client's progress toward obtaining the objectives identified in the independent living plan; and

(5) a termination summary after service is terminated.

(c) If the license holder manages the client's money, the record maintained by the license holder shall also include the following:

(1) written permission from the client or the client's legal guardian to manage the client's money;

(2) the reasons the license holder is to manage the client's money; and

(3) a complete record of the use of the client's money and reconciliation of the account.

Subd. 5.

Service termination plan.

The license holder, in conjunction with the county agency, shall establish a service termination plan that specifies how independent living assistance services will be terminated and the actions to be performed by the involved agencies, including necessary referrals for other ongoing services.

Subd. 6.

Place of residence provided by program.

When a client's place of residence is provided by the license holder as part of the independent living assistance program, the place of residence is not subject to separate licensure.

Subd. 7.

General licensing requirements apply.

In addition to the requirements of this section, providers of independent living assistance are subject to general licensing requirements of this chapter.

245C.02 DEFINITIONS.

Subd. 9.

Contractor.

"Contractor" means any individual, regardless of employer, who is providing program services for hire under the control of the provider.

245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.

(a) Except as provided under paragraphs (b) and (c), if required by the commissioner, family child care providers and child care centers must provide a written notification to parents considering enrollment of a child or parents of a child attending the family child care or child care center if the program employs or has living in the home any individual who is the subject of either a set-aside or variance.

(b) Notwithstanding paragraph (a), family child care license holders are not required to disclose that the program has an individual living in the home who is the subject of a set-aside or variance if:

(1) the household member resides in the residence where the family child care is provided;

(2) the subject of the set-aside or variance is under the age of 18 years; and

(3) the set-aside or variance relates to a disqualification under section 245C.15, subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.

(c) The notice specified in paragraph (a) is not required when the period of disqualification in section 245C.15, subdivisions 2 to 4, has been exceeded.

245G.22 OPIOID TREATMENT PROGRAMS.

Subd. 19.

Placing authorities.

A program must provide certain notification and client-specific updates to placing authorities for a client who is enrolled in Minnesota health care programs. At the request of the placing authority, the program must provide client-specific updates, including but not limited to informing the placing authority of positive drug testings and changes in medications used for the treatment of opioid use disorder ordered for the client.

254A.02 DEFINITIONS.

Subd. 8a.

Placing authority.

"Placing authority" means a county, prepaid health plan, or tribal governing board governed by Minnesota Rules, parts 9530.6600 to 9530.6655.

254A.16 RESPONSIBILITIES OF THE COMMISSIONER.

Subd. 6.

Monitoring.

The commissioner shall gather and placing authorities shall provide information to measure compliance with Minnesota Rules, parts 9530.6600 to 9530.6655. The commissioner shall specify the format for data collection to facilitate tracking, aggregating, and using the information.

254A.19 CHEMICAL USE ASSESSMENTS.

Subd. 1a.

Emergency room patients.

A county may enter into a contract with a hospital to provide chemical use assessments under Minnesota Rules, parts 9530.6600 to 9530.6655, for patients admitted to an emergency room or inpatient hospital when:

(1) an assessor is not available; and

(2) detoxification services in the county are at full capacity.

Subd. 2.

Probation officer as contact.

When a chemical use assessment is required under Minnesota Rules, parts 9530.6600 to 9530.6655, for a person who is on probation or under other correctional supervision, the assessor, either orally or in writing, shall contact the person's probation officer to verify or supplement the information provided by the person.

Subd. 5.

Assessment via telehealth.

Notwithstanding Minnesota Rules, part 9530.6615, subpart 3, item A, a chemical use assessment may be conducted via telehealth as defined in section 256B.0625, subdivision 3b.

254B.04 ELIGIBILITY FOR BEHAVIORAL HEALTH FUND SERVICES.

Subd. 2b.

Eligibility for placement in opioid treatment programs.

Prior to placement of an individual who is determined by the assessor to require treatment for opioid addiction, the assessor must provide educational information concerning treatment options for opioid addiction, including the use of a medication for the use of opioid addiction. The commissioner shall develop educational materials supported by research and updated periodically that must be used by assessors to comply with this requirement.

Subd. 2c.

Eligibility to receive peer recovery support and treatment service coordination.

Notwithstanding Minnesota Rules, part 9530.6620, subpart 6, a placing authority may authorize peer recovery support and treatment service coordination for a person who scores a severity of one or more in dimension 4, 5, or 6, under Minnesota Rules, part 9530.6622. Authorization for peer recovery support and treatment service coordination under this subdivision does not need to be provided in conjunction with treatment services under Minnesota Rules, part 9530.6622, subpart 4, 5, or 6.

254B.041 SUBSTANCE USE DISORDER RULES.

Subd. 2.

Vendor collections; rule amendment.

The commissioner may amend Minnesota Rules, parts 9530.7000 to 9530.7025, to require a vendor of substance use disorder transitional and extended care rehabilitation services to collect the cost of care received under a program from an eligible person who has been determined to be partially responsible for treatment costs, and to remit the collections to the commissioner. The commissioner shall pay to a vendor, for the collections, an amount equal to five percent of the collections remitted to the commissioner by the vendor.

254B.13 PILOT PROJECTS; CHEMICAL HEALTH CARE.

Subdivision 1.

Authorization for navigator pilot projects.

The commissioner may approve and implement navigator pilot projects developed under the planning process required under Laws 2009, chapter 79, article 7, section 26, to provide alternatives to and enhance coordination of the delivery of chemical health services required under section 254B.03.

Subd. 2.

Program design and implementation.

(a) The commissioner and counties participating in the navigator pilot projects shall continue to work in partnership to refine and implement the navigator pilot projects initiated under Laws 2009, chapter 79, article 7, section 26.

(b) The commissioner and counties participating in the navigator pilot projects shall complete the planning phase and, if approved by the commissioner for implementation, enter into agreements governing the operation of the navigator pilot projects.

Subd. 2a.

Eligibility for navigator pilot program.

(a) To be considered for participation in a navigator pilot program, an individual must:

(1) be a resident of a county with an approved navigator program;

(2) be eligible for behavioral health fund services;

(3) be a voluntary participant in the navigator program;

(4) satisfy one of the following items:

(i) have at least one severity rating of three or above in dimension four, five, or six in a comprehensive assessment under section 245G.05, subdivision 2, paragraph (c), clauses (4) to (6); or

(ii) have at least one severity rating of two or above in dimension four, five, or six in a comprehensive assessment under section 245G.05, subdivision 2, paragraph (c), clauses (4) to (6), and be currently participating in a Rule 31 treatment program under chapter 245G or be within 60 days following discharge after participation in a Rule 31 treatment program; and

(5) have had at least two treatment episodes in the past two years, not limited to episodes reimbursed by the behavioral health fund. An admission to an emergency room, a detoxification program, or a hospital may be substituted for one treatment episode if it resulted from the individual's substance use disorder.

(b) New eligibility criteria may be added as mutually agreed upon by the commissioner and participating navigator programs.

Subd. 4.

Notice of navigator pilot project discontinuation.

Each county's participation in the navigator pilot project may be discontinued for any reason by the county or the commissioner of human services after 30 days' written notice to the other party.

Subd. 5.

Duties of commissioner.

(a) Notwithstanding any other provisions in this chapter, the commissioner may authorize navigator pilot projects to use the behavioral health fund to pay for nontreatment navigator pilot services:

(1) in addition to those authorized under section 254B.03, subdivision 2, paragraph (a); and

(2) by vendors in addition to those authorized under section 254B.05 when not providing substance use disorder treatment services.

(b) For purposes of this section, "nontreatment navigator pilot services" include navigator services, peer support, family engagement and support, housing support, rent subsidies, supported employment, and independent living skills.

(c) State expenditures for substance use disorder services and nontreatment navigator pilot services provided by or through the navigator pilot projects must not be greater than the behavioral health fund expected share of forecasted expenditures in the absence of the navigator pilot projects. The commissioner may restructure the schedule of payments between the state and participating counties under the local agency share and division of cost provisions under section 254B.03, subdivisions 3 and 4, as necessary to facilitate the operation of the navigator pilot projects.

(d) The commissioner may waive administrative rule requirements that are incompatible with the implementation of the navigator pilot project, except that any substance use disorder treatment funded under this section must continue to be provided by a licensed treatment provider.

(e) The commissioner shall not approve or enter into any agreement related to navigator pilot projects authorized under this section that puts current or future federal funding at risk.

(f) The commissioner shall provide participating navigator pilot projects with transactional data, reports, provider data, and other data generated by county activity to assess and measure outcomes. This information must be transmitted or made available in an acceptable form to participating navigator pilot projects at least once every six months or within a reasonable time following the commissioner's receipt of information from the counties needed to comply with this paragraph.

Subd. 6.

Duties of county board.

The county board, or other county entity that is approved to administer a navigator pilot project, shall:

(1) administer the navigator pilot project in a manner consistent with the objectives described in subdivision 2 and the planning process in subdivision 5;

(2) ensure that no one is denied substance use disorder treatment services for which they would otherwise be eligible under section 254A.03, subdivision 3; and

(3) provide the commissioner with timely and pertinent information as negotiated in agreements governing operation of the navigator pilot projects.

Subd. 7.

Managed care.

An individual who is eligible for the navigator pilot program under subdivision 2a is excluded from mandatory enrollment in managed care until these services are included in the health plan's benefit set.

Subd. 8.

Authorization for continuation of navigator pilots.

The navigator pilot projects implemented pursuant to subdivision 1 are authorized to continue operation after July 1, 2013, under existing agreements governing operation of the pilot projects.

254B.16 PILOT PROJECTS; TREATMENT FOR PREGNANT AND POSTPARTUM WOMEN WITH SUBSTANCE USE DISORDER.

Subdivision 1.

Pilot projects established.

(a) Within the limits of federal funds available specifically for this purpose, the commissioner of human services shall establish pilot projects to provide substance use disorder treatment and services to pregnant and postpartum women with a primary diagnosis of substance use disorder, including opioid use disorder. Pilot projects funded under this section must:

(1) promote flexible uses of funds to provide treatment and services to pregnant and postpartum women with substance use disorders;

(2) fund family-based treatment and services for pregnant and postpartum women with substance use disorders;

(3) identify gaps in services along the continuum of care that are provided to pregnant and postpartum women with substance use disorders; and

(4) encourage new approaches to service delivery and service delivery models.

(b) A pilot project funded under this section must provide at least a portion of its treatment and services to women who receive services on an outpatient basis.

Subd. 2.

Federal funds.

The commissioner shall apply for any available grant funds from the federal Center for Substance Abuse Treatment for these pilot projects.

256.9685 ESTABLISHMENT OF INPATIENT HOSPITAL PAYMENT SYSTEM.

Subd. 1c.

Judicial review.

A hospital, physician, advanced practice registered nurse, or physician assistant aggrieved by an order of the commissioner under subdivision 1b may appeal the order to the district court of the county in which the physician, advanced practice registered nurse, physician assistant, or hospital is located by:

(1) serving a written copy of a notice of appeal upon the commissioner within 30 days after the date the commissioner issued the order; and

(2) filing the original notice of appeal and proof of service with the court administrator of the district court. The appeal shall be treated as a dispositive motion under the Minnesota General Rules of Practice, rule 115. The district court scope of review shall be as set forth in section 14.69.

Subd. 1d.

Transmittal of record.

Within 30 days after being served with the notice of appeal, the commissioner shall transmit to the district court the original or certified copy of the entire record considered by the commissioner in making the final agency decision. The district court shall not consider evidence that was not included in the record before the commissioner.

256B.49 HOME AND COMMUNITY-BASED SERVICE WAIVERS FOR PERSONS WITH DISABILITIES.

Subd. 23.

Community-living settings.

(a) For the purposes of this chapter, "community-living settings" means a single-family home or multifamily dwelling unit where a service recipient or a service recipient's family owns or rents, and maintains control over the individual unit as demonstrated by a lease agreement. Community-living settings does not include a home or dwelling unit that the service provider owns, operates, or leases or in which the service provider has a direct or indirect financial interest.

(b) To ensure a service recipient or the service recipient's family maintains control over the home or dwelling unit, community-living settings are subject to the following requirements:

(1) service recipients must not be required to receive services or share services;

(2) service recipients must not be required to have a disability or specific diagnosis to live in the community-living setting;

(3) service recipients may hire service providers of their choice;

(4) service recipients may choose whether to share their household and with whom;

(5) the home or multifamily dwelling unit must include living, sleeping, bathing, and cooking areas;

(6) service recipients must have lockable access and egress;

(7) service recipients must be free to receive visitors and leave the settings at times and for durations of their own choosing;

(8) leases must comply with chapter 504B;

(9) landlords must not charge different rents to tenants who are receiving home and community-based services; and

(10) access to the greater community must be easily facilitated based on the service recipient's needs and preferences.

(c) Nothing in this section prohibits a service recipient from having another person or entity not affiliated with the service provider cosign a lease. Nothing in this section prohibits a service recipient, during any period in which a service provider has cosigned the service recipient's lease, from modifying services with an existing cosigning service provider and, subject to the approval of the landlord, maintaining a lease cosigned by the service provider. Nothing in this section prohibits a service recipient, during any period in which a service provider has cosigned the service recipient's lease, from terminating services with the cosigning service provider, receiving services from a new service provider, and, subject to the approval of the landlord, maintaining a lease cosigned by the new service provider.

(d) A lease cosigned by a service provider meets the requirements of paragraph (a) if the service recipient and service provider develop and implement a transition plan which must provide that, within two years of cosigning the initial lease, the service provider shall transfer the lease to the service recipient and other cosigners, if any.

(e) In the event the landlord has not approved the transfer of the lease within two years of the service provider cosigning the initial lease, the service provider must submit a time-limited extension request to the commissioner of human services to continue the cosigned lease arrangement. The extension request must include:

(1) the reason the landlord denied the transfer;

(2) the plan to overcome the denial to transfer the lease;

(3) the length of time needed to successfully transfer the lease, not to exceed an additional two years;

(4) a description of how the transition plan was followed, what occurred that led to the landlord denying the transfer, and what changes in circumstances or condition, if any, the service recipient experienced; and

(5) a revised transition plan to transfer the cosigned lease between the service provider and the service recipient to the service recipient.

The commissioner must approve an extension within sufficient time to ensure the continued occupancy by the service recipient.

256D.63 EXPIRATION OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS AND REPORTING REQUIREMENTS.

Subdivision 1.

Expiration of SNAP benefits.

Supplemental Nutrition Assistance Program (SNAP) benefits shall not be stored off line or expunged from a recipient's account unless the benefits have not been accessed for 12 months after the month they were issued.

256I.03 DEFINITIONS.

Subd. 6.

Medical assistance room and board rate.

"Medical assistance room and board rate" means an amount equal to 81 percent of the federal poverty guideline for a single individual living alone in the community less the medical assistance personal needs allowance under section 256B.35. For the purposes of this section, the amount of the room and board rate that exceeds the medical assistance room and board rate is considered a remedial care cost. A remedial care cost may be used to meet a spenddown obligation under section 256B.056, subdivision 5. The medical assistance room and board rate is to be adjusted on the first day of January of each year.

260.835 AMERICAN INDIAN CHILD WELFARE ADVISORY COUNCIL.

Subd. 2.

Expiration.

The American Indian Child Welfare Advisory Council expires June 30, 2023.

518A.59 NOTICE OF INTEREST ON LATE CHILD SUPPORT.

Any judgment or decree of dissolution or legal separation containing a requirement of child support and any determination of parentage, order under chapter 518C, order under section 256.87, or order under section 260B.331 or 260C.331 must include a notice to the parties that section 548.091, subdivision 1a, provides for interest to begin accruing on a payment or installment of child support whenever the unpaid amount due is greater than the current support due.

Repealed Minnesota Rule: 23-00276

2960.3070 FOSTER PARENT TRAINING.

Subpart 1.

Orientation.

A nonrelative foster parent must complete a minimum of six hours of orientation before admitting a foster child. Orientation is required for relative foster parents who will be licensed as a child's foster parents. Orientation for relatives must be completed within 30 days following the initial placement. The foster parent's orientation must include items A to E:

A.

emergency procedures, including evacuation routes, emergency telephone numbers, severe storm and tornado procedures, and location of alarms and equipment;

B.

relevant laws and rules, including, but not limited to, chapter 9560 and Minnesota Statutes, chapters 245A, 260, 260C, and 260E, and legal issues and reporting requirements;

C.

cultural diversity, gender sensitivity, culturally specific services, cultural competence, and information about discrimination and racial bias issues to ensure that caregivers will be culturally competent to care for foster children according to Minnesota Statutes, section 260C.212, subdivision 11;

D.

information about the role and responsibilities of the foster parent in the development and implementation of the case plan and in court and administrative reviews of the child's placement; and

E.

requirements of the licensing agency.

Subp. 2.

In-service training.

Each foster parent must complete a minimum of 12 hours of training per year in one or more of the areas in this subpart or in other areas as agreed upon by the licensing agency and the foster parent. If the foster parent has not completed the required annual training at the time of relicensure and does not show good cause why the training was not completed, the foster parent may not accept new foster children until the training is completed. The nonexclusive list of topics in items A to Z provides examples of in-service training topics that could be useful to a foster parent:

A.

cultural competence and transcultural placements;

B.

adoption and permanency;

C.

crisis intervention, including suicide prevention;

D.

sexual offender behaviors;

E.

children's psychological, spiritual, cultural, sexual, emotional, intellectual, and social development;

F.

legal issues including liability;

G.

foster family relationships with placing agencies and other service providers;

H.

first aid and life-sustaining treatment such as cardiopulmonary resuscitation;

I.

preparing foster children for independent living;

J.

parenting children who suffered physical, emotional, or sexual abuse or domestic violence;

K.

chemical dependency, and signs or symptoms of alcohol and drug abuse;

L.

mental health and emotional disturbance issues;

M.

Americans with Disabilities Act and Individuals With Disabilities Education Act;

N.

caring for children with disabilities and disability-related issues regarding developmental disabilities, emotional and behavioral disorders, and specific learning disabilities;

O.

privacy issues of foster children;

P.

physical and nonphysical behavior guidance, crisis de-escalation, and discipline techniques, including how to handle aggression for specific age groups and specific issues such as developmental disabilities, chemical dependency, emotional disturbances, learning disabilities, and past abuse;

Q.

birth families and reunification;

R.

effects of foster care on foster families;

S.

home safety;

T.

emergency procedures;

U.

child and family wellness;

V.

sexual orientation;

W.

disability bias and discrimination;

X.

management of sexual perpetration, violence, bullying, and exploitative behaviors;

Y.

medical technology-dependent or medically fragile conditions; and

Z.

separation, loss, and attachment.

Subp. 3.

Medical equipment training.

Foster parents who care for children who rely on medical equipment to sustain life or monitor a medical condition must meet the requirements of Minnesota Statutes, section 245A.155.

2960.3210 STAFF TRAINING REQUIREMENTS.

Subpart 1.

Orientation.

The license holder must ensure that all staff attend and successfully complete at least six hours of orientation training before having unsupervised contact with foster children. The number of hours of orientation training are not counted as part of the hours of annual training. Orientation training must include at least the topics in items A to F:

A.

emergency procedures, including evacuation routes, emergency telephone numbers, severe storm and tornado procedures, and location of facility alarms and equipment;

B.

relevant statutes and administrative rules and legal issues, including reporting requirements for abuse and neglect specified in Minnesota Statutes, chapter 260E and section 626.557, and other reporting requirements based on the ages of the children;

C.

cultural diversity and gender sensitivity, culturally specific services, and information about discrimination and racial bias issues to ensure that caregivers have cultural sensitivity and will be culturally competent to care for children according to Minnesota Statutes, section 260C.212, subdivision 11;

D.

general and special needs, including disability needs, of children and families served;

E.

operational policies and procedures of the license holder; and

F.

data practices regulations and issues.

Subp. 2.

Personnel training.

The license holder must provide training for staff that is modified annually to meet the current needs of individual staff persons. The license holder must develop an annual training plan for employees that addresses items A to C.

A.

Full-time and part-time direct care staff and volunteers must have sufficient training to accomplish their duties. To determine the type and amount of training an employee needs, the license holder must consider the foster care program's target population, services the program delivers, and outcomes expected from the services, as well as the employee's position description, tasks to be performed, and the performance indicators for the position. The license holder and staff who care for children who rely on medical equipment to sustain life or monitor a medical condition must meet the requirements of Minnesota Statutes, section 245A.155.

B.

Full-time staff who have direct contact with children must complete at least 18 hours of in-service training per year. One-half of the training must be skill development training. Other foster home staff and volunteers must complete in-service training requirements consistent with their duties.

C.

Part-time direct care staff must receive sufficient training to competently care for children. The amount of training must be provided at least at a ratio of one hour of training for each 60 hours worked, up to 18 hours of training per part-time employee per year.

Subp. 3.

Documentation of training.

The license holder must document the date and number of hours of orientation and in-service training completed by each staff person in each topic area and the name of the entity that provided the training.

9502.0425 PHYSICAL ENVIRONMENT.

Subp. 5.

Occupancy separations.

Day care residences with an attached garage must have a self-closing, tight fitting solid wood bonded core door at least 1-3/8 inch thick, or door with a fire protection rating of 20 minutes or greater and a separation wall consisting of 5/8 inch thick gypsum wallboard or its equivalent on the garage side between the residence and garage.

Subp. 10.

Stairways.

All stairways must meet the following conditions.

A.

Stairways of three or more steps must have handrails.

B.

Any open area between the handrail and stair tread must be enclosed with a protective guardrail as specified in the State Building Code. The back of the stair risers must be enclosed.

C.

Gates or barriers must be used when children between the ages of 6 and 18 months are in care.

D.

Stairways must be well-lighted, in good repair, and free of clutter and obstructions.

9505.0235 ABORTION SERVICES.

Subpart 1.

Definition.

For purposes of this part, "abortion related services" means services provided in connection with an elective abortion except those services which would otherwise be provided in the course of a pregnancy. Examples of abortion related services include hospitalization when the abortion is performed in an inpatient setting, the use of a facility when the abortion is performed in an outpatient setting, counseling about the abortion, general and local anesthesia provided in connection with the abortion, and antibiotics provided directly after the abortion.

Medically necessary services that are not considered to be abortion related include family planning services as defined in part 9505.0280, subpart 1, history and physical examination, tests for pregnancy and venereal disease, blood tests, rubella titer, ultrasound tests, rhoGAM(TM), pap smear, and laboratory examinations for the purpose of detecting fetal abnormalities.

Treatment for infection or other complications of the abortion are covered services.

Subp. 2.

Payment limitation.

Unless otherwise provided by law, an abortion related service provided to a recipient is eligible for medical assistance payment if the abortion meets the conditions in item A, B, or C.

A.

The abortion must be necessary to prevent the death of a pregnant woman who has given her written consent to the abortion. If the pregnant woman is physically or legally incapable of giving her written consent to the procedure, authorization for the abortion must be obtained as specified in Minnesota Statutes, section 144.343. The necessity of the abortion to prevent the death of the pregnant woman must be certified in writing by two physicians before the abortion is performed.

B.

The pregnancy is the result of criminal sexual conduct as defined in Minnesota Statutes, section 609.342, paragraphs (c) to (f). The conduct must be reported to a law enforcement agency within 48 hours after its occurrence. If the victim is physically unable to report the criminal sexual conduct within 48 hours after its occurrence, the report must be made within 48 hours after the victim becomes physically able to report the criminal sexual conduct.

C.

The pregnancy is the result of incest. Before the abortion, the incest and the name of the relative allegedly committing the incest must be reported to a law enforcement agency.

9505.0505 DEFINITIONS.

Subp. 18.

Medical review agent.

"Medical review agent" means the representative of the commissioner who is authorized by the commissioner to administer procedures for admission certifications, medical record reviews and reconsideration, and perform other functions as stipulated in the terms of the agent's contract with the department.

9505.0520 INPATIENT ADMISSION CERTIFICATION.

Subp. 9b.

Reconsideration; physician advisers appointed by medical review agent.

Upon receipt of a request for reconsideration under subpart 9, the medical review agent shall appoint at least three physician advisers who did not take part in the decision to deny or withdraw all or part of the admission certification. Each physician adviser shall determine the medical necessity of the admission or the continued stay or, in the case of a readmission, determine whether the admission and readmission meet the criteria in part 9505.0540. The reconsideration decision must be the majority opinion of the physician advisers. In making the decision, the three physician advisers shall use the criteria of medical necessity set out in part 9505.0530.