HF 1413

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services data; clarifying use and 
  1.3             expanding access to licensing data in maltreatment 
  1.4             investigations; classifying some welfare data as 
  1.5             nonpublic data; expanding the access to revenue tax 
  1.6             credit data; amending Minnesota Statutes 1998, 
  1.7             sections 13.46, subdivisions 4 and 6; 214.10, 
  1.8             subdivision 8; and 270B.14, subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 13.46, 
  1.11  subdivision 4, is amended to read: 
  1.12     Subd. 4.  [LICENSING DATA.] (a) As used in this subdivision:
  1.13     (1) "licensing data" means all data collected, maintained, 
  1.14  used, or disseminated by the welfare system pertaining to 
  1.15  persons licensed or registered or who apply for licensure or 
  1.16  registration or who formerly were licensed or registered under 
  1.17  the authority of the commissioner of human services; 
  1.18     (2) "client" means a person who is receiving services from 
  1.19  a licensee or from an applicant for licensure; and 
  1.20     (3) "personal and personal financial data" means social 
  1.21  security numbers, identity of and letters of reference, 
  1.22  insurance information, reports from the bureau of criminal 
  1.23  apprehension, health examination reports, and social/home 
  1.24  studies. 
  1.25     (b)(1) Except as provided in paragraph (c), the following 
  1.26  data on current and former licensees are public:  name, address, 
  1.27  telephone number of licensees, licensed capacity, type of client 
  2.1   preferred, variances granted, type of dwelling, name and 
  2.2   relationship of other family members, previous license history, 
  2.3   class of license, and the existence and status of complaints.  
  2.4   When disciplinary action has been taken against a licensee a 
  2.5   correction order or fine has been issued, a license is 
  2.6   suspended, immediately suspended, revoked, or made conditional, 
  2.7   or the a complaint is resolved, the following data on current 
  2.8   and former licensees are public:  the substance and 
  2.9   investigative findings of the complaint, the findings of the 
  2.10  investigation of the complaint violation, or substantiated 
  2.11  maltreatment, the record of informal resolution of a licensing 
  2.12  violation, orders of hearing, findings of fact, conclusions of 
  2.13  law, and specifications of the final disciplinary 
  2.14  action correction order, fine, suspension, immediate suspension, 
  2.15  revocation, or conditional license contained in the record of 
  2.16  disciplinary the action.  When a licensee, who is an individual, 
  2.17  is a substantiated perpetrator of maltreatment, and the 
  2.18  substantiated maltreatment is a reason for the licensing action, 
  2.19  the identity of the licensee as perpetrator is public data. 
  2.20     (2) The following data on persons subject to 
  2.21  disqualification under section 245A.04 in connection with a 
  2.22  license to provide family day care for children, child care 
  2.23  center services, foster care for children in the provider's 
  2.24  home, or foster care or day care services for adults in the 
  2.25  provider's home, are public:  the nature of any disqualification 
  2.26  set aside under section 245A.04, subdivision 3b, and the reasons 
  2.27  for setting aside the disqualification; and the reasons for 
  2.28  granting any variance under section 245A.04, subdivision 9. 
  2.29     (3) When maltreatment is substantiated under section 
  2.30  626.556 or 626.557 and the victim and the substantiated 
  2.31  perpetrator are affiliated with a program licensed under chapter 
  2.32  245A, the commissioner of human services, local social services 
  2.33  agency, or county welfare agency must inform that license holder 
  2.34  of the identity of the perpetrator and the victim.  If that 
  2.35  substantiated maltreatment results in disqualification under 
  2.36  chapter 245A, this license holder must be informed that the 
  3.1   substantiated maltreatment was the basis for the 
  3.2   disqualification. 
  3.3      (c) The following are private data on individuals under 
  3.4   section 13.02, subdivision 12, or nonpublic data under section 
  3.5   13.02, subdivision 9:  personal and personal financial data on 
  3.6   family day care program and family foster care program 
  3.7   applicants and licensees and their family members who provide 
  3.8   services under the license. 
  3.9      (d) The following are private data on individuals:  the 
  3.10  identity of persons who have made reports concerning licensees 
  3.11  or applicants that appear in inactive investigative data, and 
  3.12  the records of clients or employees of the licensee or applicant 
  3.13  for licensure whose records are received by the licensing agency 
  3.14  for purposes of review or in anticipation of a contested 
  3.15  matter.  The names of reporters under sections 626.556 and 
  3.16  626.557 may be disclosed only as provided in section 626.556, 
  3.17  subdivision 11, or 626.557, subdivision 12b. 
  3.18     (e) Data classified as private, confidential, nonpublic, or 
  3.19  protected nonpublic under this subdivision become public data if 
  3.20  submitted to a court or administrative law judge as part of a 
  3.21  disciplinary proceeding in which there is a public hearing 
  3.22  concerning the disciplinary action. 
  3.23     (f) Data generated in the course of licensing 
  3.24  investigations that relate to an alleged violation of law are 
  3.25  investigative data under subdivision 3. 
  3.26     (g) Data that are not public data collected, maintained, 
  3.27  used, or disseminated under this subdivision that relate to or 
  3.28  are derived from a report as defined in section 626.556, 
  3.29  subdivision 2, or 626.557, are subject to the destruction 
  3.30  provisions of section sections 626.556, subdivision 11 11c, and 
  3.31  626.557, subdivision 12b, respectively. 
  3.32     (h) Upon request, not public data collected, maintained, 
  3.33  used, or disseminated under this subdivision that relate to or 
  3.34  are derived from a report of substantiated maltreatment as 
  3.35  defined in section 626.556 or 626.557, may be exchanged with the 
  3.36  department of health for the purposes of completing background 
  4.1   studies pursuant to section 144.057. 
  4.2      (i) Data on individuals collected according to licensing 
  4.3   activities under chapter 245A, and data on individuals collected 
  4.4   by the commissioner of human services according to maltreatment 
  4.5   investigations under sections 626.556 and 626.557, may be shared 
  4.6   with the department of human rights, the department of health, 
  4.7   the ombudsman for mental health and retardation, and 
  4.8   professional licensing boards, when there is reason to believe 
  4.9   that laws or standards under the jurisdiction of those agencies 
  4.10  may have been violated. 
  4.11     Sec. 2.  Minnesota Statutes 1998, section 13.46, 
  4.12  subdivision 6, is amended to read: 
  4.13     Subd. 6.  [OTHER DATA.] Data collected, used, maintained, 
  4.14  or disseminated by the welfare system that is not data on 
  4.15  individuals is public pursuant to section 13.03, except the 
  4.16  following data:  
  4.17     (a) investigative data classified by section 13.39; 
  4.18     (b) welfare investigative data classified by section 13.46, 
  4.19  subdivision 3; and 
  4.20     (c) security information classified by section 13.37, 
  4.21  subdivision 2.; and 
  4.22     (d) data which identify the decedent that are created, 
  4.23  collected, maintained, used, or disseminated by the welfare 
  4.24  system are nonpublic.  Unless specifically classified 
  4.25  differently by statute or federal law, data that are 
  4.26  disseminated to another government agency remain nonpublic 
  4.27  according to section 13.03, subdivision 4, paragraph (c).  
  4.28  Unless a different period of time is specifically required by 
  4.29  statute or federal law, data shall become public when 30 years 
  4.30  have elapsed from death of the individual. 
  4.31     Sec. 3.  Minnesota Statutes 1998, section 214.10, 
  4.32  subdivision 8, is amended to read: 
  4.33     Subd. 8.  [SPECIAL REQUIREMENTS FOR BOARD OF TEACHING AND 
  4.34  HEALTH-RELATED LICENSING BOARDS.] In addition to the provisions 
  4.35  of this section that apply to all examining and licensing 
  4.36  boards, the requirements in this subdivision apply to all 
  5.1   health-related licensing boards, except the board of veterinary 
  5.2   medicine. 
  5.3      (a) If the executive director or consulted board member 
  5.4   determines that a communication received alleges a violation of 
  5.5   statute or rule that involves sexual contact with a patient or 
  5.6   client, the communication shall be forwarded to the designee of 
  5.7   the attorney general for an investigation of the facts alleged 
  5.8   in the communication.  If, after an investigation it is the 
  5.9   opinion of the executive director or consulted board member that 
  5.10  there is sufficient evidence to justify disciplinary action, the 
  5.11  board shall conduct a disciplinary conference or hearing.  If, 
  5.12  after a hearing or disciplinary conference the board determines 
  5.13  that misconduct involving sexual contact with a patient or 
  5.14  client occurred, the board shall take disciplinary action.  
  5.15  Notwithstanding subdivision 2, a board may not attempt to 
  5.16  correct improper activities or redress grievances through 
  5.17  education, conciliation, and persuasion, unless in the opinion 
  5.18  of the executive director or consulted board member there is 
  5.19  insufficient evidence to justify disciplinary action.  The board 
  5.20  may settle a case by stipulation prior to, or during, a hearing 
  5.21  if the stipulation provides for disciplinary action. 
  5.22     (b) In addition to the information required under section 
  5.23  214.07, subdivision 1, each board shall include in its reports 
  5.24  to the legislature summaries of each individual case that 
  5.25  involved possible sexual contact with a patient or client.  The 
  5.26  summary must include a description of the alleged misconduct; 
  5.27  the general results of the investigation; the nature of board 
  5.28  activities relating to that case; the disposition of the case; 
  5.29  and the reasons for board decisions concerning the disposition 
  5.30  of the case.  The information disclosed under this section must 
  5.31  not include the name or specific identifying information about 
  5.32  any person, agency, or organization. 
  5.33     (c) A board member who has a direct current or former 
  5.34  financial connection or professional relationship to a person 
  5.35  who is the subject of board disciplinary activities must not 
  5.36  participate in board activities relating to that case. 
  6.1      (d) Each The board of teaching and health-related licensing 
  6.2   board shall establish procedures for exchanging information with 
  6.3   other Minnesota state boards, agencies, and departments 
  6.4   responsible for regulating teaching and health-related 
  6.5   occupations, facilities, and programs, and for coordinating 
  6.6   investigations involving matters within the jurisdiction of more 
  6.7   than one regulatory body.  Notwithstanding any law to the 
  6.8   contrary, the procedures must provide for the forwarding to 
  6.9   other regulatory bodies of all any information and evidence, 
  6.10  including the results of investigations, that are relevant to 
  6.11  matters within that licensing body's regulatory 
  6.12  jurisdiction.  Notwithstanding any law to the contrary, the 
  6.13  board of teaching and each health-related licensing board shall 
  6.14  have access to any data of the department of human services 
  6.15  relating to a person subject to the jurisdiction of the 
  6.16  licensing board.  The data shall have the same classification 
  6.17  under sections 13.01 to 13.88 chapter 13, the Minnesota 
  6.18  Government Data Practices Act, in the hands of the agency 
  6.19  receiving the data as it had in the hands of the department of 
  6.20  human services. 
  6.21     (e) Each health-related licensing board shall establish 
  6.22  procedures for exchanging information with other states 
  6.23  regarding disciplinary actions against licensees.  The 
  6.24  procedures must provide for the collection of information from 
  6.25  other states about disciplinary actions taken against persons 
  6.26  who are licensed to practice in Minnesota or who have applied to 
  6.27  be licensed in this state and the dissemination of information 
  6.28  to other states regarding disciplinary actions taken in 
  6.29  Minnesota.  In addition to any authority in chapter 13 
  6.30  permitting the dissemination of data, the board may, in its 
  6.31  discretion, disseminate data to other states regardless of its 
  6.32  classification under chapter 13.  Before transferring any data 
  6.33  that is not public, the board shall obtain reasonable assurances 
  6.34  from the receiving state that the data will not be made public. 
  6.35     Sec. 4.  Minnesota Statutes 1998, section 270B.14, 
  6.36  subdivision 1, is amended to read: 
  7.1      Subdivision 1.  [DISCLOSURE TO COMMISSIONER OF HUMAN 
  7.2   SERVICES.] (a) On the request of the commissioner of human 
  7.3   services, the commissioner shall disclose return information 
  7.4   regarding taxes imposed by chapter 290, and claims for refunds 
  7.5   under chapter 290A, to the extent provided in paragraph (b) and 
  7.6   for the purposes set forth in paragraph (c). 
  7.7      (b) Data that may be disclosed are limited to data relating 
  7.8   to the identity, whereabouts, employment, income, and property 
  7.9   of a person owing or alleged to be owing an obligation of child 
  7.10  support. 
  7.11     (c) The commissioner of human services may request data 
  7.12  only for the purposes of carrying out the child support 
  7.13  enforcement program and to assist in the location of parents who 
  7.14  have, or appear to have, deserted their children.  Data received 
  7.15  may be used only as set forth in section 256.978. 
  7.16     (d) The commissioner shall provide the records and 
  7.17  information necessary to administer the supplemental housing 
  7.18  allowance to the commissioner of human services.  
  7.19     (e) At the request of the commissioner of human services, 
  7.20  the commissioner of revenue shall electronically match the 
  7.21  social security numbers and names of participants in the 
  7.22  telephone assistance plan operated under sections 237.69 to 
  7.23  237.711, with those of property tax refund filers, and determine 
  7.24  whether each participant's household income is within the 
  7.25  eligibility standards for the telephone assistance plan. 
  7.26     (f) The commissioner may provide records and information 
  7.27  collected under sections 295.50 to 295.59 to the commissioner of 
  7.28  human services for purposes of the Medicaid Voluntary 
  7.29  Contribution and Provider-Specific Tax Amendments of 1991, 
  7.30  Public Law Number 102-234.  Upon the written agreement by the 
  7.31  United States Department of Health and Human Services to 
  7.32  maintain the confidentiality of the data, the commissioner may 
  7.33  provide records and information collected under sections 295.50 
  7.34  to 295.59 to the Health Care Financing Administration section of 
  7.35  the United States Department of Health and Human Services for 
  7.36  purposes of meeting federal reporting requirements.  
  8.1      (g) The commissioner may provide records and information to 
  8.2   the commissioner of human services as necessary to administer 
  8.3   the early refund of refundable tax credits. 
  8.4      (h) The commissioner may disclose information to the 
  8.5   commissioner of human services necessary to verify income for 
  8.6   eligibility and premium payment under the MinnesotaCare program, 
  8.7   under section 256L.05, subdivision 2. 
  8.8      (i) The commissioner may disclose information to the 
  8.9   commissioner of human services necessary to verify whether 
  8.10  applicants or recipients for the Minnesota family investment 
  8.11  program, general assistance, food stamps, or Minnesota 
  8.12  supplemental aid program have claimed refundable tax credits 
  8.13  under chapter 290 and the property tax refund under chapter 
  8.14  290A, and the amounts of the credits. 
  8.15     (j) The commissioner may disclose information to the 
  8.16  commissioner of human services necessary to verify income for 
  8.17  determining the eligibility of applicants, recipients, and 
  8.18  former recipients for the Minnesota family investment program, 
  8.19  including any assistance they may receive or have received under 
  8.20  food stamps, cash assistance under chapter 256, 256D, 256J, or 
  8.21  256K, child care assistance under chapter 119B, or a medical 
  8.22  program under chapter 256B, 256D, or 256L. 
  8.23     Sec. 5.  [EFFECTIVE DATE.] 
  8.24     Sections 1 to 4 are effective July 1, 1999.