HF 1494

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/22/2023 10:21am

A bill for an act
relating to human services; establishing human services provider workplace safety
grants; appropriating money; requiring a report.

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

Section 1. new text begin APPROPRIATIONS; HUMAN SERVICES PROVIDER WORKPLACE
SAFETY GRANTS.
new text end

new text begin (a) $10,000,000 in fiscal year 2024 and $10,000,000 in fiscal year 2025 are appropriated
from the general fund to the commissioner of human services for human services provider
workplace safety grants to increase safety measures in human services workplaces providing
behavioral health care; services for children, families, and vulnerable adults; services for
older adults and people with disabilities; and other social services or related care.
new text end

new text begin (b) Grants must be awarded to eligible applicants that meet application requirements on
a first-come, first-served basis. Forty percent of grant funds in each fiscal year must be
awarded to eligible agencies or organizations located outside of the seven-county
metropolitan area. Each grant award must be for at least $5,000, but no more than $100,000.
new text end

new text begin (c) Eligible applicants include county human services agencies, Tribal human services
agencies, or other human services provider organizations or agencies.
new text end

new text begin (d) Eligible applicants must submit applications in a form and manner prescribed by the
commissioner. Applications must include information about:
new text end

new text begin (1) the type of provider organization that will receive grant funding;
new text end

new text begin (2) the specific safety measures or activities for which the applicant will use the grant
funding;
new text end

new text begin (3) the specific policies that will be implemented or upheld to ensure that individuals'
rights to privacy and data protection are protected during the use of safety equipment obtained
or operated through grant funding;
new text end

new text begin (4) a proposed budget for each of the specific activities for which the applicant will use
the grant funding;
new text end

new text begin (5) an outline of efforts to enhance or improve existing safety measures or proposed
new measures to improve the safety of human services providers employed by the agency
or organization;
new text end

new text begin (6) sample consent forms for any safety equipment that has capacity to record, store, or
share audio or video that will be collected from clients prior to implementation of
grant-funded safety measures, excluding equipment located in public spaces in
provider-controlled, licensed settings;
new text end

new text begin (7) how the grant-funded measures will lead to long-term improvements in safety and
stability for workers and individuals accessing services from the grant applicant; and
new text end

new text begin (8) methods the grant applicant will use to evaluate effectiveness of the safety measures
and changes that will be made if the measures are deemed ineffective.
new text end

new text begin (e) Grant funds may be used to provide or facilitate:
new text end

new text begin (1) the procurement and installation of safety equipment, including but not limited to:
new text end

new text begin (i) cellular telephones;
new text end

new text begin (ii) personal radios;
new text end

new text begin (iii) wearable tracking devices for staff to share location with supervisors, subject to the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) data privacy
requirements outlined in Code of Federal Regulations, title 45, parts 160 and 164, subparts
A and E;
new text end

new text begin (iv) security systems and cameras in public spaces in provider-controlled, licensed
settings; and
new text end

new text begin (v) panic buttons;
new text end

new text begin (2) training for providers, which may include:
new text end

new text begin (i) sessions and exercises for crisis management, strategies for de-escalating conflict
situations, safety planning, and self-defense in accordance with positive support strategies
and person-centered practices;
new text end

new text begin (ii) training in culturally informed and culturally affirming practices, including linguistic
training;
new text end

new text begin (iii) training in trauma-informed social, emotional, and behavioral support; and
new text end

new text begin (iv) other training topics, sessions, and exercises the commissioner determines to be
appropriate;
new text end

new text begin (3) facility safety improvements, including but not limited to a threat and vulnerability
review and barrier protection;
new text end

new text begin (4) support services, counseling, and additional resources for human services providers
who have experienced safety concerns or trauma-related incidents in the workplace;
new text end

new text begin (5) installation and implementation of an internal data incident tracking system to track
and prevent workplace safety incidents; and
new text end

new text begin (6) other prevention and mitigation measures and safety training, resources, and provider
support services the commissioner determines to be appropriate.
new text end

new text begin (f) The following restrictions apply to the eligible uses of grant funds under paragraph
(e):
new text end

new text begin (1) safety equipment must not include:
new text end

new text begin (i) tools or devices that facilitate physical or chemical restraint;
new text end

new text begin (ii) barriers, except plexiglass barriers in office settings, environmental modifications,
or other tools or devices that facilitate individual seclusion;
new text end

new text begin (iii) wearable body cameras; or
new text end

new text begin (iv) wearable tracking devices that have capacity to store location data;
new text end

new text begin (2) security cameras must only be used in staff spaces and entry points of buildings and
may not be used in common areas, bedrooms, and bathrooms;
new text end

new text begin (3) in settings that are required to comply with the positive supports rule, all safety
equipment or measures must comply with Minnesota Rules, chapter 9544;
new text end

new text begin (4) settings licensed under Minnesota Statutes, section 245D, must follow person-centered
practices according to Minnesota Statutes, section 245D.07;
new text end

new text begin (5) any safety equipment purchased with grant funding that has electronic monitoring
capacity must be used according to Minnesota Statutes, section 144.6502, or the brain injury,
community alternative care, community access for disability inclusion, and developmental
disabilities federal waiver plan language that outlines monitoring technology use;
new text end

new text begin (6) prior to the use of safety equipment that has capacity to record, store, and share audio,
video, or a combination thereof, the grant recipient must:
new text end

new text begin (i) provide clients with information about electronic monitoring in a way that is most
accessible to the clients, including:
new text end

new text begin (A) a definition of electronic monitoring;
new text end

new text begin (B) the type of device that will be in use;
new text end

new text begin (C) how the footage captured will be used;
new text end

new text begin (D) with whom the footage captured will be shared; and
new text end

new text begin (E) a statement that a client has the right to decline use of safety equipment that has
capacity to record, store, and share audio, video, or a combination thereof;
new text end

new text begin (ii) provide notice every time electronic monitoring devices are in use; and
new text end

new text begin (iii) obtain written consent from anyone whose audio or video may be recorded during
the time the device is in use and, if applicable, from guardians of individuals whose audio
or video may be recorded during the time the device is in use; and
new text end

new text begin (7) in settings that provide home and community-based services, if at any point a client
or their guardian declines the use of safety equipment that has capacity to record, store, or
share audio, video, or a combination thereof or revokes prior consent to such use, the provider
must cease using the safety equipment immediately and indefinitely. A provider may not
deny or delay the provision of services as a result of an individual's decision to decline the
use of safety equipment that has capacity to record, store, or share audio, video, or a
combination thereof.
new text end

new text begin (g) All video, audio, or other personally identifiable information collected through safety
equipment paid for by grant funds under this section must:
new text end

new text begin (1) be treated consistently with the federal Health Insurance Portability and Accountability
Act of 1996 (HIPAA) requirements outlined in Code of Federal Regulations, title 45, parts
160 and 164, subparts A and E;
new text end

new text begin (2) be subject to applicable rules of evidence and procedure if admitted into evidence
in a civil, criminal, or administrative proceeding; and
new text end

new text begin (3) not result in the denial or delay of services provided to an individual.
new text end

new text begin (h) Within two years of receiving grant funds, each grantee must submit a report to the
commissioner. The commissioner must submit a compilation of the reports to the chairs
and ranking minority members of the legislative committees with jurisdiction over health
and human services, the Office of Ombudsman for Long-Term Care, and Office of
Ombudsman for Mental Health and Developmental Disabilities. Grantee reports to the
commissioner must include:
new text end

new text begin (1) the number of workplace safety incidents that occurred over the course of the grant
period;
new text end

new text begin (2) the number and type of safety measures funded by the grants, and how those safety
measures helped alleviate or de-escalate workplace safety incidents;
new text end

new text begin (3) the number of employees benefiting from safety measures implemented through
grant funding;
new text end

new text begin (4) the number of clients benefiting from safety measures implemented through grant
funding;
new text end

new text begin (5) practices implemented concurrently with the use of safety equipment that ensured
that the rights of individuals served were upheld;
new text end

new text begin (6) the number of individuals who declined to consent to the use of any safety equipment
that had capacity to record, store, or share audio, video, or a combination thereof;
new text end

new text begin (7) an evaluation of the effectiveness of the safety measures, including assessment of
whether and how the grant funding has led or will lead to improved safety and service
provisions for workers and individuals served; and
new text end

new text begin (8) changes to policy or practice that were made if safety measures implemented using
grant funds were deemed ineffective.
new text end

new text begin (i) The commissioner must provide technical assistance to grant applicants throughout
the application process and to applicants and grantees regarding grant distribution and
required grantee reporting.
new text end

new text begin (j) The unencumbered balance in the first year does not cancel but is available for the
second year. These are onetime appropriations.
new text end