Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

HF 1535

4th Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 12:10pm

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

Current Version - 4th Engrossment

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 1.39 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 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 3.28 3.29 3.30 3.31 3.32 3.33 3.34 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 4.32
4.33 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 5.33 5.34 5.35 5.36 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 6.34 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 7.32 7.33 7.34 7.35 7.36 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 8.34
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 9.34 9.35 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 10.33 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 11.33 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 13.33 13.34 13.35 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 14.29 14.30 14.31 14.32 14.33 14.34 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 15.33 15.34 15.35 15.36 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 16.33 16.34
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 17.33 17.34 17.35 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 18.35 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
19.33 19.34 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 21.31 21.32 21.33 21.34 21.35 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 22.32 22.33 22.34 22.35 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 23.33 23.34 23.35
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 24.33 24.34 24.35 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 25.32 25.33 25.34 25.35 25.36 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 26.33 26.34 26.35 26.36 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 27.32 27.33 27.34 27.35 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 28.29
28.30 28.31 28.32 28.33 28.34 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 29.30 29.31 29.32 29.33 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 30.32 30.33 30.34 30.35 30.36 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 31.34 31.35 31.36 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 32.34 32.35 32.36 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 33.33 33.34 33.35 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 34.31 34.32 34.33 34.34 34.35 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 35.32 35.33 35.34 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 36.34
36.35 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 38.33 38.34 38.35 38.36 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 39.32 39.33 39.34 39.35 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 40.32 40.33 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 41.33 41.34 41.35 41.36 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 42.32 42.33 42.34 42.35 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 43.32 43.33 43.34 43.35 43.36 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 44.33 44.34 44.35 44.36 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 45.33 45.34 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 46.35 46.36 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 47.35 47.36 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 48.32 48.33 48.34
48.35
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 49.33 49.34 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 50.27 50.28 50.29 50.30
50.31
50.32 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 51.33 51.34 51.35 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 52.34 52.35 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 53.32 53.33 53.34 53.35 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 54.35 54.36 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
55.34 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 56.32 56.33 56.34 56.35 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 57.33 57.34 57.35 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 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 59.33 59.34 59.35 59.36 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 60.34 60.35 60.36 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 61.27 61.28 61.29 61.30 61.31
61.32
61.33 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 62.30 62.31 62.32 62.33 62.34 62.35 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 63.33
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 64.34 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 65.32 65.33 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 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 68.34 68.35 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 69.33 69.34 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 70.33 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 71.30 71.31 71.32 71.33 71.34 71.35 71.36 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 72.32 72.33 72.34 72.35 72.36 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 73.29 73.30 73.31 73.32 73.33
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 74.31 74.32 74.33 74.34 74.35 74.36 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 75.33 75.34 75.35 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 76.33 76.34 76.35 76.36 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 77.34
77.35 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 78.34 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 79.35 79.36 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 81.34 81.35 81.36
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 82.31 82.32 82.33 82.34 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 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 84.32 84.33 84.34 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 85.31 85.32 85.33 85.34 85.35 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 86.35 86.36 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 87.32 87.33
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 88.34 88.35 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 89.32 89.33
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 90.31 90.32 90.33 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 91.34 91.35 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 93.32 93.33 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 94.30
94.31 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 95.31 95.32 95.33 95.34 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 96.32 96.33 96.34 96.35 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 97.34 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 98.35 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 99.35 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 100.35 100.36 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 101.36 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18
102.19
102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9
103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12
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
105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26
106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 106.35 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10
107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 108.35 108.36 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10
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
110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 111.1 111.2
111.3 111.4
111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34 112.35 112.36 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 113.35 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16
114.17 114.18
114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 114.35 114.36 114.37 114.38 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26
115.27 115.28
115.29 115.30
115.31 115.32 115.33 115.34 115.35 115.36 115.37 115.38 115.39 115.40 116.1 116.2 116.3
116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10
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
117.28 117.29 117.30 117.31 117.32 117.33 117.34 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8
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
119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17
119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 120.36 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25
121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 122.35 122.36 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14
123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 123.34 123.35 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31
124.32 124.33 124.34 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 125.35 125.36 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 126.36 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22
127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 127.35 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15
128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 128.35 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 129.35 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 130.35 130.36 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22
131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 131.35 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 132.35 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11
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
133.28 133.29 133.30 133.31 133.32 133.33 133.34 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16
134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 135.35 135.36 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 136.35 136.36 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23
137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 137.35 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 138.34 138.35 138.36 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31
139.32 139.33 139.34 139.35 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30
140.31 140.32 140.33 140.34 140.35 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30
141.31 141.32 141.33 141.34 141.35 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10
142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34 142.35 143.1 143.2 143.3 143.4 143.5
143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10
144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 144.35 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27
145.28 145.29 145.30 145.31 145.32 145.33 145.34
146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 146.35 146.36 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 147.36 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 148.36 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 149.35 149.36 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 150.35 150.36 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 151.35 151.36 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 152.34 152.35 152.36 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 153.35 153.36 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 154.34 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 155.35 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 156.35 156.36 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 157.35 157.36 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 158.35 158.36 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 159.36 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 160.35 160.36 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 161.35 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 162.35 162.36 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 163.35 163.36 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 164.35 164.36 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 165.35 165.36 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 166.35 166.36 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 167.34 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 168.35 168.36 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 169.34 169.35 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 171.34 171.35 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34 172.35 172.36 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 173.34 173.35 173.36 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 174.34 174.35 174.36 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 175.34 175.35 175.36 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 176.34 176.35 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 177.33 177.34 177.35 177.36 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 178.33 178.34 178.35 178.36 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 179.34 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33 180.34 180.35 180.36 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 181.34 181.35 181.36 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 182.35 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 184.35
185.1 185.2 185.3
185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30
185.31 185.32 185.33 185.34 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16
186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33 186.34 186.35 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31
187.32 187.33 187.34 187.35
188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15
188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 188.34 188.35 189.1 189.2 189.3 189.4
189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24
189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 189.33
190.1 190.2 190.3 190.4 190.5 190.6
190.7 190.8 190.9 190.10

A bill for an act
relating to human services; providing for human services policy modifications
relating to children and family services, chemical and mental health services,
direct care and treatment, operations, health care, and continuing care; making
changes to child care assistance programs, home and community-based services
standards, medical assistance, the alternative care program, Northstar Care
for Children, children's therapeutic services and supports, human services
licensing provisions, and the community first services and supports program;
modifying requirements for background studies; extending a council; modifying
the Minnesota Indian Family Preservation Act; making changes to provisions
governing child out-of-home placement; modifying reporting requirements for
maltreatment of children and vulnerable adults; making technical changes;
requiring reports; modifying requirements for administrative sanctions and
hearings; authorizing rulemaking; providing criminal penalties; amending
Minnesota Statutes 2014, sections 62J.495, subdivision 1; 119B.011, subdivision
16; 119B.025, subdivision 1; 119B.09, subdivision 9; 119B.125, subdivisions
1, 6, by adding subdivisions; 144.0724, subdivision 12; 148E.065, subdivision
4a; 168.012, subdivision 1; 245.462, subdivision 4; 245A.02, subdivision 13,
by adding subdivisions; 245A.035, subdivisions 1, 5; 245A.04, subdivision
15a; 245A.07, subdivisions 2, 2a; 245A.11, subdivision 4; 245A.12; 245A.13;
245A.14, subdivision 14; 245A.148; 245A.16, subdivision 1; 245A.175;
245A.1915; 245A.192, subdivisions 3, 5, 10, 11, by adding subdivisions;
245A.40, subdivisions 3, 4, 5; 245A.50, subdivision 1; 245C.02, subdivision
2; 245C.04, subdivisions 4, 5, 6; 245C.05, subdivision 1; 245C.07; 245C.10,
subdivision 10, by adding a subdivision; 245C.20, subdivision 2, by adding
a subdivision; 245C.22, subdivision 7; 245D.10, subdivision 3, by adding
a subdivision; 245E.01, subdivision 8, by adding a subdivision; 245E.02,
subdivisions 1, 4, by adding a subdivision; 245E.06, subdivisions 2, 3;
253B.212, subdivision 2, by adding a subdivision; 254B.05, subdivision 5;
256.01, subdivisions 4, 14b; 256.045, subdivisions 3, 6; 256.975, subdivision
7; 256.98, subdivision 1; 256B.0625, subdivision 31, by adding a subdivision;
256B.0911, subdivisions 1a, 2b, 3, 3a; 256B.0913, subdivisions 4, 5, 5a, 6,
10, 11, 12, by adding a subdivision; 256B.0943, subdivisions 1, 2, 3, 4, 5,
6, 7, 9, 11; 256B.0946, subdivision 1; 256B.0947, subdivision 7a; 256B.85;
256N.02, subdivision 18; 256N.23, subdivision 6; 257.85, subdivision 3;
259A.01, subdivision 25; 259A.10, subdivision 6; 260.755, subdivisions 8,
14, by adding subdivisions; 260.761, subdivisions 1, 2; 260.771, subdivision
3, by adding subdivisions; 260B.007, subdivision 12; 260C.007, subdivision
27, by adding a subdivision; 260C.168; 260C.178, subdivision 1; 260C.201,
subdivision 5; 260C.212, subdivisions 1, 2; 260C.511; 268.155, subdivision 1;
402A.12; 402A.16, subdivisions 2, 4; 402A.18; 471.346; 609.821; 626.556,
subdivisions 10, 11d; 626.557, subdivisions 9a, 9b, 10; 626.5572, subdivisions
5, 6, 21; Laws 2013, chapter 108, article 7, section 58; proposing coding for
new law in Minnesota Statutes, chapters 245; 245A; 256; 256B; 260; 609;
repealing Minnesota Statutes 2014, sections 245D.061, subdivision 3; 245E.07,
subdivision 3; 256B.0911, subdivision 6a; Minnesota Rules, parts 9505.0175,
subpart 32; 9505.0365, subpart 2; 9505.1696, subpart 10; 9505.1709; 9535.2000;
9535.2100; 9535.2200; 9535.2300; 9535.2400; 9535.2500; 9535.2600;
9535.2700; 9535.2800; 9535.2900; 9535.3000; 9555.7400; 9555.7500.

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

ARTICLE 1

CHILDREN AND FAMILY SERVICES

Section 1.

Minnesota Statutes 2014, section 119B.011, subdivision 16, is amended to
read:


Subd. 16.

Legal nonlicensed child care provider.

"Legal nonlicensed child care
provider" meansnew text begin: (1)new text end a child care provider who is excluded from licensing requirements
under section 245A.03, subdivision 2new text begin; or (2) a child care provider authorized to provide
care in a child's home under section 119B.09, subdivision 13, provided the provider only
cares for related children, children from a single, unrelated family, or both related children
and children from a single, unrelated family
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 2014, section 119B.025, subdivision 1, is amended to read:


Subdivision 1.

Factors which must be verified.

(a) The county shall verify the
following at all initial child care applications using the universal application:

(1) identity of adults;

(2) presence of the minor child in the home, if questionable;

(3) relationship of minor child to the parent, stepparent, legal guardian, eligible
relative caretaker, or the spouses of any of the foregoing;

(4) age;

(5) immigration status, if related to eligibility;

(6) Social Security number, if given;

(7) income;

(8) spousal support and child support payments made to persons outside the
household;

(9) residence; and

(10) inconsistent information, if related to eligibility.

(b) If a family did not use the universal application or child care addendum to apply
for child care assistance, the family must complete the universal application or child care
addendum at its next eligibility redetermination and the county must verify the factors
listed in paragraph (a) as part of that redetermination. Once a family has completed a
universal application or child care addendum, the county shall use the redetermination
form described in paragraph (c) for that family's subsequent redeterminations. Eligibility
must be redetermined at least every six months. A family is considered to have met
the eligibility redetermination requirement if a complete redetermination form and all
required verifications are received within 30 days after the date the form was due.
new text beginWhen the 30th day after the date the form was due falls on a Saturday, Sunday, or legal
holiday, the 30-day time period is extended to include the next succeeding day that is not
a Saturday, Sunday, or legal holiday.
new text endAssistance shall be payable retroactively from the
redetermination due date. For a family where at least one parent is under the age of 21,
does not have a high school or general equivalency diploma, and is a student in a school
district or another similar program that provides or arranges for child care, as well as
parenting, social services, career and employment supports, and academic support to
achieve high school graduation, the redetermination of eligibility shall be deferred beyond
six months, but not to exceed 12 months, to the end of the student's school year. If a
family reports a change in an eligibility factor before the family's next regularly scheduled
redetermination, the county must recalculate eligibility without requiring verification of
any eligibility factor that did not change.

(c) The commissioner shall develop a redetermination form to redetermine eligibility
and a change report form to report changes that minimize paperwork for the county and
the participant.

Sec. 3.

Minnesota Statutes 2014, section 119B.09, subdivision 9, is amended to read:


Subd. 9.

Licensed and legal nonlicensed family child care providers; assistance.

new text begin This subdivision applies to any provider providing care in a setting other than a child care
center.
new text endLicensed and legal nonlicensed family child care providers and their employees
are not eligible to receive child care assistance subsidies under this chapter for their own
children or children in their family during the hours they are providing child care or being
paid to provide child care. Child care providers and their employees are eligible to receive
child care assistance subsidies for their children when they are engaged in other activities
that meet the requirements of this chapter and for which child care assistance can be paid.
The hours for which the provider or their employee receives a child care subsidy for their
own children must not overlap with the hours the provider provides child care services.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2014, section 245A.035, subdivision 1, is amended to read:


Subdivision 1.

Emergency placement.

Notwithstanding section 245A.03,
subdivision 2a
, or 245C.13, subdivision 2, a county agency may place a child with a
relative who is not licensed to provide foster care, provided the requirements of this
section are met. As used in this section, the term "relative" has the meaning given it under
section 260C.007, subdivision new text begin26b or new text end27.

Sec. 5.

Minnesota Statutes 2014, section 245A.035, subdivision 5, is amended to read:


Subd. 5.

Child foster care license application.

(a) The relatives with whom the
emergency placement has been made shall complete the child foster care license application
and necessary paperwork within ten days of the placement. The county agency shall assist
the applicant to complete the application. The granting of a child foster care license to a
relative shall be under the procedures in this chapter and according to the standards in
Minnesota Rules, chapter 2960. In licensing a relative, the commissioner shall consider
the importance of maintaining the child's relationship with relatives as an additional
significant factor in determining whether a background study disqualification should be
set aside under section 245C.22, or a variance should be granted under section 245C.30.

(b) When the county or private child-placing agency is processing an application
for child foster care licensure of a relative as defined in section 260B.007, subdivision
12
, or 260C.007, subdivision new text begin26b or new text end27, the county agency or child-placing agency must
explain the licensing process to the prospective licensee, including the background study
process and the procedure for reconsideration of an initial disqualification for licensure.
The county or private child-placing agency must also provide the prospective relative
licensee with information regarding appropriate options for legal representation in the
pertinent geographic area. If a relative is initially disqualified under section 245C.14, the
commissioner must provide written notice of the reasons for the disqualification and the
right to request a reconsideration by the commissioner as required under section 245C.17.

(c) The commissioner shall maintain licensing data so that activities related to
applications and licensing actions for relative foster care providers may be distinguished
from other child foster care settings.

Sec. 6.

Minnesota Statutes 2014, section 245C.22, subdivision 7, is amended to read:


Subd. 7.

Classification of certain data.

(a) Notwithstanding section 13.46, except
as provided in paragraph (f), upon setting aside a disqualification under this section, the
identity of the disqualified individual who received the set-aside and the individual's
disqualifying characteristics are public data if the set-aside was:

(1) for any disqualifying characteristic under section 245C.15, when the set-aside
relates to a child care center or a family child care provider licensed under chapter 245A; or

(2) for a disqualifying characteristic under section 245C.15, subdivision 2.

(b) Notwithstanding section 13.46, upon granting a variance to a license holder
under section 245C.30, the identity of the disqualified individual who is the subject of
the variance, the individual's disqualifying characteristics under section 245C.15, and the
terms of the variance are public data, when the variance:

(1) is issued to a child care center or a family child care provider licensed under
chapter 245A; or

(2) relates to an individual with a disqualifying characteristic under section 245C.15,
subdivision 2
.

(c) The identity of a disqualified individual and the reason for disqualification
remain private data when:

(1) a disqualification is not set aside and no variance is granted, except as provided
under section 13.46, subdivision 4;

(2) the data are not public under paragraph (a) or (b);

(3) the disqualification is rescinded because the information relied upon to disqualify
the individual is incorrect;

(4) the disqualification relates to a license to provide relative child foster care.
As used in this clause, "relative" has the meaning given it under section 260C.007,
subdivision new text begin26b or new text end27; or

(5) the disqualified individual is a household member of a licensed foster care
provider and:

(i) the disqualified individual previously received foster care services from this
licensed foster care provider;

(ii) the disqualified individual was subsequently adopted by this licensed foster
care provider; and

(iii) the disqualifying act occurred before the adoption.

(d) Licensed family child care providers and child care centers must provide notices
as required under section 245C.301.

(e) Notwithstanding paragraphs (a) and (b), the identity of household members who
are the subject of a disqualification related set-aside or variance is not public data 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 only relates to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.

(f) When the commissioner has reason to know that a disqualified individual has
received an order for expungement for the disqualifying record that does not limit the
commissioner's access to the record, and the record was opened or exchanged with the
commissioner for purposes of a background study under this chapter, the data that would
otherwise become public under paragraph (a) or (b) remain private data.

Sec. 7.

Minnesota Statutes 2014, section 256.01, subdivision 14b, is amended to read:


Subd. 14b.

American Indian child welfare projects.

(a) The commissioner of
human services may authorize projects to test tribal delivery of child welfare services to
American Indian children and their parents and custodians living on the reservation.
The commissioner has authority to solicit and determine which tribes may participate
in a project. Grants may be issued to Minnesota Indian tribes to support the projects.
The commissioner may waive existing state rules as needed to accomplish the projects.
deleted text beginNotwithstanding section 626.556, The commissioner may authorize projects to use
alternative methods of investigating and assessing reports of child maltreatment, provided
that the projects comply with the provisions of sectiondeleted text begin626.556deleted text end dealing with the rights of
individuals who are subjects of reports or investigations, including notice and appeal
rights and data practices requirements.
deleted text end new text beginThe commissioner may authorize projects to use
alternative methods of (1) investigating and assessing reports of child maltreatment,
and (2) administrative reconsideration, administrative appeal, and judicial appeal of
maltreatment determinations, provided the alternative methods used by the projects
comply with the provisions of sections 256.045 and 626.556 dealing with the rights of
individuals who are the subjects of reports or investigations, including notice and appeal
rights and data practices requirements.
new text end The commissioner may seek any federal approvals
necessary to carry out the projects as well as seek and use any funds available to the
commissioner, including use of federal funds, foundation funds, existing grant funds,
and other funds. The commissioner is authorized to advance state funds as necessary to
operate the projects. Federal reimbursement applicable to the projects is appropriated
to the commissioner for the purposes of the projects. The projects must be required to
address responsibility for safety, permanency, and well-being of children.

(b) For the purposes of this section, "American Indian child" means a person under 21
years old and who is a tribal member or eligible for membership in one of the tribes chosen
for a project under this subdivision and who is residing on the reservation of that tribe.

(c) In order to qualify for an American Indian child welfare project, a tribe must:

(1) be one of the existing tribes with reservation land in Minnesota;

(2) have a tribal court with jurisdiction over child custody proceedings;

(3) have a substantial number of children for whom determinations of maltreatment
have occurred;

(4) have capacity to respond to reports of abuse and neglect under section 626.556;

(5) provide a wide range of services to families in need of child welfare services; and

(6) have a tribal-state title IV-E agreement in effect.

(d) Grants awarded under this section may be used for the nonfederal costs of
providing child welfare services to American Indian children on the tribe's reservation,
including costs associated with:

(1) assessment and prevention of child abuse and neglect;

(2) family preservation;

(3) facilitative, supportive, and reunification services;

(4) out-of-home placement for children removed from the home for child protective
purposes; and

(5) other activities and services approved by the commissioner that further the goals
of providing safety, permanency, and well-being of American Indian children.

(e) When a tribe has initiated a project and has been approved by the commissioner
to assume child welfare responsibilities for American Indian children of that tribe under
this section, the affected county social service agency is relieved of responsibility for
responding to reports of abuse and neglect under section 626.556 for those children
during the time within which the tribal project is in effect and funded. The commissioner
shall work with tribes and affected counties to develop procedures for data collection,
evaluation, and clarification of ongoing role and financial responsibilities of the county
and tribe for child welfare services prior to initiation of the project. Children who have not
been identified by the tribe as participating in the project shall remain the responsibility
of the county. Nothing in this section shall alter responsibilities of the county for law
enforcement or court services.

(f) Participating tribes may conduct children's mental health screenings under section
245.4874, subdivision 1, paragraph (a), clause (13), for children who are eligible for the
initiative and living on the reservation and who meet one of the following criteria:

(1) the child must be receiving child protective services;

(2) the child must be in foster care; or

(3) the child's parents must have had parental rights suspended or terminated.

Tribes may access reimbursement from available state funds for conducting the screenings.
Nothing in this section shall alter responsibilities of the county for providing services
under section 245.487.

(g) Participating tribes may establish a local child mortality review panel. In
establishing a local child mortality review panel, the tribe agrees to conduct local child
mortality reviews for child deaths or near-fatalities occurring on the reservation under
subdivision 12. Tribes with established child mortality review panels shall have access
to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c)
to (e). The tribe shall provide written notice to the commissioner and affected counties
when a local child mortality review panel has been established and shall provide data upon
request of the commissioner for purposes of sharing nonpublic data with members of the
state child mortality review panel in connection to an individual case.

(h) The commissioner shall collect information on outcomes relating to child safety,
permanency, and well-being of American Indian children who are served in the projects.
Participating tribes must provide information to the state in a format and completeness
deemed acceptable by the state to meet state and federal reporting requirements.

(i) In consultation with the White Earth Band, the commissioner shall develop
and submit to the chairs and ranking minority members of the legislative committees
with jurisdiction over health and human services a plan to transfer legal responsibility
for providing child protective services to White Earth Band member children residing in
Hennepin County to the White Earth Band. The plan shall include a financing proposal,
definitions of key terms, statutory amendments required, and other provisions required to
implement the plan. The commissioner shall submit the plan by January 15, 2012.

Sec. 8.

Minnesota Statutes 2014, section 256N.02, subdivision 18, is amended to read:


Subd. 18.

Relative.

"Relative," as described in section 260C.007, subdivision 27,
means a person related to the child by blood, marriage, or adoption, or an individual
who is an important friend with whom the child has resided or had significant contact.
For an Indian child, relativenew text begin, as described in section 260C.007, subdivision 26b,new text end deleted text beginincludes
members
deleted text endnew text begin means a person who is a membernew text end of the new text beginIndian child's new text enddeleted text beginextendeddeleted text end family as defined
deleted text beginby the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces,
nephews, or first or second cousins, as provided
deleted text end in the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1903new text begin, paragraphs (2), (6), and (9)new text end.

Sec. 9.

Minnesota Statutes 2014, section 256N.23, subdivision 6, is amended to read:


Subd. 6.

Exclusions.

The commissioner must not enter into an adoption assistance
agreement with the following individuals:

(1) a child's biological parent or stepparent;

(2) a child's relative under section 260C.007, subdivision new text begin26b or new text end27, with whom the
child resided immediately prior to child welfare involvement unless:

(i) the child was in the custody of a Minnesota county or tribal agency pursuant to
an order under chapter 260C or equivalent provisions of tribal code and the agency had
placement and care responsibility for permanency planning for the child; and

(ii) the child is under guardianship of the commissioner of human services according
to the requirements of section 260C.325, subdivision 1 or 3, or is a ward of a Minnesota
tribal court after termination of parental rights, suspension of parental rights, or a finding
by the tribal court that the child cannot safely return to the care of the parent;

(3) an individual adopting a child who is the subject of a direct adoptive placement
under section 259.47 or the equivalent in tribal code;

(4) a child's legal custodian or guardian who is now adopting the child; or

(5) an individual who is adopting a child who is not a citizen or resident of the
United States and was either adopted in another country or brought to the United States
for the purposes of adoption.

Sec. 10.

Minnesota Statutes 2014, section 257.85, subdivision 3, is amended to read:


Subd. 3.

Definitions.

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

(a) "MFIP standard" means the transitional standard used to calculate assistance
under the MFIP program, or, if permanent legal and physical custody of the child is given
to a relative custodian residing outside of Minnesota, the analogous transitional standard
or standard of need used to calculate assistance under the TANF program of the state
where the relative custodian lives.

(b) "Local agency" means the county social services agency or tribal social services
agency with legal custody of a child prior to the transfer of permanent legal and physical
custody.

(c) "Permanent legal and physical custody" means permanent legal and physical
custody ordered by a Minnesota Juvenile Court under section 260C.515, subdivision 4.

(d) "Relative" has the meaning given in section 260C.007, subdivision new text begin26b or new text end27.

(e) "Relative custodian" means a person who has permanent legal and physical
custody of a child. When siblings, including half-siblings and stepsiblings, are placed
together in permanent legal and physical custody, the person receiving permanent legal
and physical custody of the siblings is considered a relative custodian of all of the siblings
for purposes of this section.

(f) "Relative custody assistance agreement" means an agreement entered into
between a local agency and a person who has been or will be awarded permanent legal
and physical custody of a child.

(g) "Relative custody assistance payment" means a monthly cash grant made to a
relative custodian pursuant to a relative custody assistance agreement and in an amount
calculated under subdivision 7.

(h) "Remains in the physical custody of the relative custodian" means that the
relative custodian is providing day-to-day care for the child and that the child lives with
the relative custodian; absence from the relative custodian's home for a period of more
than 120 days raises a presumption that the child no longer remains in the physical
custody of the relative custodian.

Sec. 11.

Minnesota Statutes 2014, section 259A.01, subdivision 25, is amended to read:


Subd. 25.

Relative.

"Relative" means a person related to the child by blood,
marriage, or adoption, or an individual who is an important friend with whom the child
has resided or had significant contact. For an Indian child, relative deleted text beginincludes members
deleted text endnew text beginmeans a person who is a membernew text end of the new text beginIndian child's new text enddeleted text beginextendeddeleted text end family as defined deleted text beginby law
or custom of the Indian child's tribe, or, in the absence of law or custom, shall be a person
who has reached the age of 18 and who is the Indian child's grandparent, aunt or uncle,
brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or
stepparent, as provided
deleted text end in the Indian Child Welfare Act of 1978, United States Code, title
25, section 1903new text begin, paragraphs (2), (6), and (9)new text end.

Sec. 12.

Minnesota Statutes 2014, section 259A.10, subdivision 6, is amended to read:


Subd. 6.

Exclusions.

The commissioner shall not enter into an adoption assistance
agreement with:

(1) a child's biological parent or stepparent;

(2) a child's relative, according to section 260C.007, subdivision new text begin26b or new text end27, with
whom the child resided immediately prior to child welfare involvement unless:

(i) the child was in the custody of a Minnesota county or tribal agency pursuant to
an order under chapter 260C or equivalent provisions of tribal code and the agency had
placement and care responsibility for permanency planning for the child; and

(ii) the child is under guardianship of the commissioner of human services according
to the requirements of section 260C.325, subdivision 1, paragraphs (a) and (b), or
subdivision 3, paragraphs (a) and (b), or is a ward of a Minnesota tribal court after
termination of parental rights, suspension of parental rights, or a finding by the tribal court
that the child cannot safely return to the care of the parent;

(3) a child's legal custodian or guardian who is now adopting the child;

(4) an individual adopting a child who is the subject of a direct adoptive placement
under section 259.47 or the equivalent in tribal code; or

(5) an individual who is adopting a child who is not a citizen or resident of the
United States and was either adopted in another country or brought to this country for
the purposes of adoption.

Sec. 13.

new text begin [260.753] PURPOSES.
new text end

new text begin The purposes of this act are to (1) protect the long-term interests, as defined by
the tribes, of Indian children, their families as defined by law or custom, and the child's
tribe; and (2) preserve the Indian family and tribal identity, including an understanding
that Indian children are damaged if family and child tribal identity and contact are denied.
Indian children are the future of the tribes and are vital to their very existence.
new text end

Sec. 14.

Minnesota Statutes 2014, section 260.755, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Active efforts. new text end

new text begin "Active efforts" means a rigorous and concerted level
of effort that is ongoing throughout the involvement of the local social services agency
to continuously involve the Indian child's tribe and that uses the prevailing social and
cultural values, conditions, and way of life of the Indian child's tribe to preserve the
Indian child's family and prevent placement of an Indian child and, if placement occurs, to
return the Indian child to the child's family at the earliest possible time. Active efforts
sets a higher standard than reasonable efforts to preserve the family, prevent breakup of
the family, and reunify the family, according to section 260.762. Active efforts includes
reasonable efforts as required by Title IV-E of the Social Security Act, United States
Code, title 42, sections 670 to 679c.
new text end

Sec. 15.

Minnesota Statutes 2014, section 260.755, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Best interests of an Indian child. new text end

new text begin "Best interests of an Indian child"
means compliance with the Indian Child Welfare Act and the Minnesota Indian Family
Preservation Act to preserve and maintain an Indian child's family. The best interests of
an Indian child support the child's sense of belonging to family, extended family, and
tribe. The best interests of an Indian child are interwoven with the best interests of the
Indian child's tribe.
new text end

Sec. 16.

Minnesota Statutes 2014, section 260.755, subdivision 8, is amended to read:


Subd. 8.

Indian child.

"Indian child" means an unmarried person who is under
age 18 and is:

(1) a member of an Indian tribe; or

(2) eligible for membership in an Indian tribe.

new text begin A determination by a tribe that a child is a member of the Indian tribe or is eligible
for membership in the Indian tribe is conclusive. For purposes of this chapter and chapters
256N, 260C, and 260D, Indian child also includes an unmarried person who satisfies
either clause (1) or (2), is under age 21, and is in foster care pursuant to section 260C.451.
new text end

Sec. 17.

Minnesota Statutes 2014, section 260.755, subdivision 14, is amended to read:


Subd. 14.

Parent.

"Parent" means the biological parent of an Indian child, or any
Indian person who has lawfully adopted an Indian child, including a person who has
adopted a child by tribal law or custom. deleted text beginItdeleted text endnew text begin Parent includes a father as defined by tribal
law or custom. Parent
new text end does not include an unmarried father whose paternity has not been
acknowledged or established.new text begin Paternity has been acknowledged when an unmarried father
takes any action to hold himself out as the biological father of an Indian child.
new text end

Sec. 18.

Minnesota Statutes 2014, section 260.755, is amended by adding a subdivision
to read:


new text begin Subd. 17a. new text end

new text begin Qualified expert witness. new text end

new text begin "Qualified expert witness" means an
individual who (i) has specific knowledge of the Indian child's tribe's culture and customs,
or meets the criteria in section 260.771, subdivision 6, paragraph (d), and (ii) provides
testimony as required by the Indian Child Welfare Act of 1978, United States Code,
title 25, section 1912, regarding out-of-home placement or termination of parental rights
relating to an Indian child.
new text end

Sec. 19.

Minnesota Statutes 2014, section 260.761, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginDetermination of Indian child's tribedeleted text endnew text begin Inquiry of tribal lineagenew text end.

The local social services agency or private licensed child-placing agency shall deleted text begindetermine
whether a child brought to its attention for the purposes described in this section is an Indian
child and the identity of the Indian child's tribe
deleted text endnew text begin inquire of the child, the child's parents and
custodians, and other appropriate persons whether there is any reason to believe that a
child brought to the agency's attention may have lineage to an Indian tribe. This inquiry
shall occur at the time the child comes to the attention of the local social services agency
new text end.

Sec. 20.

Minnesota Statutes 2014, section 260.761, subdivision 2, is amended to read:


Subd. 2.

Agency new text beginand court new text endnotice deleted text beginof potential out-of-home placementdeleted text endnew text begin to tribesnew text end.

new text begin (a) new text endWhen a local social services agency deleted text beginor private child-placing agency determines that
an Indian child is in a dependent or other condition that could lead to an out-of-home
placement and requires the continued involvement of the agency with the child for a
period in excess of 30 days, the agency shall send notice of the condition and of the initial
steps taken to remedy it to the Indian child's tribal social services agency within seven
days of the determination.
deleted text endnew text begin has information that a family assessment or investigation being
conducted may involve an Indian child, the local social services agency shall notify the
Indian child's tribe of the family assessment or investigation according to section 626.556,
subdivision 10, paragraph (a), clause (5). Initial notice shall be provided by telephone
and by e-mail or facsimile. The local social services agency shall request that the tribe
or a designated tribal representative participate in evaluating the family circumstances,
identifying family and tribal community resources, and developing case plans.
new text end

new text begin (b) new text end new text begin When a local social services agency has information that a child receiving
services may be an Indian child, the local social services agency shall notify the tribe by
telephone and by e-mail or facsimile of the child's full name and date of birth, the full
names and dates of birth of the child's biological parents, and, if known, the full names
and dates of birth of the child's grandparents and of the child's Indian custodian. This
notification must be provided so the tribe can determine if the child is enrolled in the tribe
or eligible for membership, and must be provided within seven days. If information
regarding the child's grandparents or Indian custodian is not available within the seven-day
period, the local social services agency shall continue to request this information and shall
notify the tribe when it is received. Notice shall be provided to all tribes to which the child
may have any tribal lineage. If the identity or location of the child's parent or Indian
custodian and tribe cannot be determined, the local social services agency shall provide
the notice required in this paragraph to the United States secretary of the interior.
new text end

new text begin (c) In accordance with sections 260C.151 and 260C.152, when a court has reason
to believe that a child placed in emergency protective care is an Indian child, the court
administrator or a designee shall, as soon as possible and before a hearing takes place,
notify the tribal social services agency by telephone and by e-mail or facsimile of the date,
time, and location of the emergency protective case hearing. The court shall make efforts to
allow appearances by telephone for tribal representatives, parents, and Indian custodians.
new text end

new text begin (d) A local social services agency must provide the notices required under this
subdivision at the earliest possible time to facilitate involvement of the Indian child's tribe.
Nothing in this subdivision is intended to hinder the ability of the local social services
agency and the court to respond to an emergency situation. Lack of participation by a tribe
shall not prevent the tribe from intervening in services and proceedings at a later date. A
tribe may participate at any time.
new text end At deleted text beginthis anddeleted text end any deleted text beginsubsequentdeleted text end stage of deleted text beginitsdeleted text endnew text begin the local social
services agency's
new text end involvement with an Indian child, the agency shalldeleted text begin, upon request, give
deleted text endnew text beginprovide full cooperation tonew text end the tribal social services agency deleted text beginfull cooperationdeleted text endnew text begin,new text end including
deleted text beginaccess to all filesdeleted text endnew text begin disclosure of all datanew text end concerning the new text beginIndian new text endchild. deleted text beginIf the files contain
confidential or private data, the agency may require execution of an agreement with the
tribal social services agency that the tribal social services agency shall maintain the data
according to statutory provisions applicable to the data. This subdivision applies whenever
the court transfers legal custody of an Indian child under section 260B.198, subdivision
1
, clause (3), item (i), (ii), or (iii), following an adjudication for a misdemeanor-level
delinquent act.
deleted text endnew text begin Nothing in this subdivision relieves the local social services agency of
satisfying the notice requirements in the Indian Child Welfare Act.
new text end

Sec. 21.

new text begin [260.762] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
PROMOTE FAMILY REUNIFICATION; ACTIVE EFFORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Active efforts. new text end

new text begin Active efforts includes acknowledging traditional
helping and healing systems of an Indian child's tribe and using these systems as the core
to help and heal the Indian child and family.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for local social services agencies. new text end

new text begin A local social services
agency shall:
new text end

new text begin (1) work with the Indian child's tribe and family to develop an alternative plan to
out-of-home placement;
new text end

new text begin (2) before making a decision that may affect an Indian child's safety and well-being
or when contemplating out-of-home placement of an Indian child, seek guidance from
the Indian child's tribe on family structure, how the family can seek help, what family
and tribal resources are available, and what barriers the family faces at that time that
could threaten its preservation; and
new text end

new text begin (3) request participation of the Indian child's tribe at the earliest possible time and
request the tribe's active participation throughout the case.
new text end

new text begin Subd. 3. new text end

new text begin Required findings that active efforts were provided. new text end

new text begin A court shall not
order an out-of-home or permanency placement for an Indian child unless the court finds
that the local social services agency made active efforts to the Indian child's family. In
determining whether the local social services agency made active efforts for purposes
of out-of-home placement and permanency, the court shall make findings regarding
whether the following activities were appropriate and whether the local social services
agency made appropriate and meaningful services available to the family based upon that
family's specific needs:
new text end

new text begin (1) whether the local social services agency made efforts at the earliest point
possible to (i) identify whether a child may be an Indian child as defined in the Indian
Child Welfare Act, United States Code, title 25, section 1903, and section 260.755,
subdivision 8; and (ii) identify and request participation of the Indian child's tribe at the
earliest point possible and throughout the investigation or assessment, case planning,
provision of services, and case completion;
new text end

new text begin (2) whether the local social services agency requested that a tribally designated
representative with substantial knowledge of prevailing social and cultural standards
and child-rearing practices within the tribal community evaluate the circumstances of
the Indian child's family and assist in developing a case plan that uses tribal and Indian
community resources;
new text end

new text begin (3) whether the local social services agency provided concrete services and access
to both tribal and nontribal services to members of the Indian child's family, including
but not limited to financial assistance, food, housing, health care, transportation, in-home
services, community support services, and specialized services; and whether these services
are being provided in an ongoing manner throughout the agency's involvement with the
family, to directly assist the family in accessing and utilizing services to maintain the
Indian family, or reunify the Indian family as soon as safety can be assured if out-of-home
placement has occurred;
new text end

new text begin (4) whether the local social services agency notified and consulted with the Indian
child's extended family members, as identified by the child, the child's parents, or the
tribe; whether extended family members were consulted to provide support to the child
and parents, to inform the local social services agency and court as to cultural connections
and family structure, to assist in identifying appropriate cultural services and supports for
the child and parents, and to identify and serve as a placement and permanency resource
for the child; and if there was difficulty contacting or engaging with extended family
members, whether assistance was sought from the tribe, the Department of Human
Services, or other agencies with expertise in working with Indian families;
new text end

new text begin (5) whether the local social services agency provided services and resources to
relatives who are considered the primary placement option for an Indian child, as agreed
by the local social services agency and the tribe, to overcome barriers to providing care
to an Indian child. Services and resources shall include but are not limited to child care
assistance, financial assistance, housing resources, emergency resources, and foster care
licensing assistance and resources; and
new text end

new text begin (6) whether the local social services agency arranged for visitation to occur, whenever
possible, in the home of the Indian child's parent, Indian custodian, or other family member
or in another noninstitutional setting, in order to keep the child in close contact with
parents, siblings, and other relatives regardless of the child's age and to allow the child and
those with whom the child visits to have natural, unsupervised interaction when consistent
with protecting the child's safety; and whether the local social services agency consulted
with a tribal representative to determine and arrange for visitation in the most natural
setting that ensures the child's safety, when the child's safety requires supervised visitation.
new text end

Sec. 22.

Minnesota Statutes 2014, section 260.771, subdivision 3, is amended to read:


Subd. 3.

Transfer of proceedings.

(a) In a proceeding for: (1) the termination of
parental rights; or (2) the involuntary foster care placement of an Indian child not within
the jurisdiction of subdivision 1, the court, in the absence of good cause to the contrary,
shall transfer the proceeding to the jurisdiction of the tribe absent objection by either
parent, upon the petition of either parent deleted text beginordeleted text endnew text begin,new text end the Indian custodiannew text begin,new text end or the Indian child's
tribe. The transfer is subject to declination by the tribal court of the tribe.

(b) In a proceeding for the preadoptive or adoptive placement of an Indian child not
within the jurisdiction of subdivision 1, the court, in the absence of good cause to the
contrary, shall transfer the proceeding to the jurisdiction of the tribe. The transfer is
subject to declination by the tribal court of the tribe. For the purposes of this subdivision,
"preadoptive placement" and "adoptive placement" have the meanings give in section
260.755, subdivision 3.

new text begin (c) At any point in a proceeding for finalizing a permanency plan, the court, in the
absence of good cause to the contrary and in the absence of an objection by either parent,
shall transfer the proceeding to tribal court for the purpose of achieving a customary
adoption or other culturally appropriate permanency option. This transfer shall be made
upon the petition of a parent whose parental rights have not been terminated, the Indian
custodian, or the Indian child's tribe. The transfer is subject to declination by the tribal
court of the tribe.
new text end

Sec. 23.

Minnesota Statutes 2014, section 260.771, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Good cause to deny transfer. new text end

new text begin (a) Establishing good cause to deny
transfer of jurisdiction to a tribal court is a fact-specific inquiry to be determined on a
case-by-case basis. Socioeconomic conditions and the perceived adequacy of tribal or
Bureau of Indian Affairs social services or judicial systems must not be considered in a
determination that good cause exists. The party opposed to transfer of jurisdiction to a
tribal court has the burden to prove by clear and convincing evidence that good cause to
deny transfer exists. Opposition to a motion to transfer jurisdiction to tribal court must be
in writing and must be served upon all parties.
new text end

new text begin (b) The court may find good cause to deny transfer to tribal court if:
new text end

new text begin (1) the Indian child's tribe does not have a tribal court or any other administrative
body of a tribe vested with authority over child custody proceedings, as defined by the
Indian Child Welfare Act, United States Code, title 25, chapter 21, to which the case can
be transferred, and no other tribal court has been designated by the Indian child's tribe; or
new text end

new text begin (2) the evidence necessary to decide the case could not be adequately presented in
the tribal court without undue hardship to the parties or the witnesses and the tribal court is
unable to mitigate the hardship by any means permitted in the tribal court's rules. Without
evidence of undue hardship, travel distance alone is not a basis for denying a transfer.
new text end

Sec. 24.

Minnesota Statutes 2014, section 260.771, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Qualified expert witness and evidentiary requirements. new text end

new text begin (a) In an
involuntary foster care placement proceeding, the court must determine by clear and
convincing evidence, including testimony of a qualified expert witness, that continued
custody of the child by the parent or Indian custodian is likely to result in serious emotional
or physical damage to the child as defined in the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1912(e). In a termination of parental rights proceeding,
the court must determine by evidence beyond a reasonable doubt, including testimony
of a qualified expert witness, that continued custody of the child by the parent or Indian
custodian is likely to result in serious emotional or physical damage to the child as defined
in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(f).
new text end

new text begin (b) The local social services agency or any other party shall make diligent efforts to
locate and present to the court a qualified expert witness designated by the Indian child's
tribe. The qualifications of a qualified expert witness designated by the child's tribe are not
subject to a challenge in Indian child custody proceedings.
new text end

new text begin (c) If a party cannot obtain testimony from a tribally designated qualified expert
witness, the party shall submit to the court the diligent efforts made to obtain a tribally
designated qualified expert witness.
new text end

new text begin (d) If clear and convincing evidence establishes that a party's diligent efforts cannot
produce testimony from a tribally designated qualified expert witness, the party shall
demonstrate to the court that a proposed qualified expert witness is, in descending order
of preference:
new text end

new text begin (1) a member of the child's tribe who is recognized by the Indian child's tribal
community as knowledgeable in tribal customs as they pertain to family organization and
child-rearing practices; or
new text end

new text begin (2) an Indian person from an Indian community who has substantial experience in
the delivery of child and family services to Indians and extensive knowledge of prevailing
social and cultural standards and contemporary and traditional child-rearing practices
of the Indian child's tribe.
new text end

new text begin If clear and convincing evidence establishes that diligent efforts have been made to obtain
a qualified expert witness who meets the criteria in clause (1) or (2), but those efforts have
not been successful, a party may use an expert witness, as defined by the Minnesota Rules
of Evidence, rule 702, who has substantial experience in providing services to Indian
families and who has substantial knowledge of prevailing social and cultural standards and
child-rearing practices within the Indian community. The court or any party may request
the assistance of the Indian child's tribe or the Bureau of Indian Affairs agency serving the
Indian child's tribe in locating persons qualified to serve as expert witnesses.
new text end

new text begin (e) The court may allow alternative methods of participation and testimony in state
court proceedings by a qualified expert witness, such as participation or testimony by
telephone, videoconferencing, or other methods.
new text end

Sec. 25.

Minnesota Statutes 2014, section 260.771, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Order of placement preference; deviation. new text end

new text begin (a) The court must follow the
order of placement preferences required by the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1915, when placing an Indian child.
new text end

new text begin (b) The court may place a child outside the order of placement preferences only if
the court determines there is good cause based on:
new text end

new text begin (1) the reasonable request of the Indian child's parents, if one or both parents attest
that they have reviewed the placement options that comply with the order of placement
preferences;
new text end

new text begin (2) the reasonable request of the Indian child if the child is able to understand and
comprehend the decision that is being made;
new text end

new text begin (3) the testimony of a qualified expert designated by the child's tribe and, if
necessary, testimony from an expert witness who meets qualifications of subdivision
6, paragraph (d), clause (2), that supports placement outside the order of placement
preferences due to extraordinary physical or emotional needs of the child that require
highly specialized services; or
new text end

new text begin (4) the testimony by the local social services agency that a diligent search has been
conducted that did not locate any available, suitable families for the child that meet the
placement preference criteria.
new text end

new text begin (c) Testimony of the child's bonding or attachment to a foster family alone, without
the existence of at least one of the factors in paragraph (b), shall not be considered good
cause to keep an Indian child in a lower preference or nonpreference placement.
new text end

new text begin (d) A party who proposes that the required order of placement preferences not be
followed bears the burden of establishing by clear and convincing evidence that good
cause exists to modify the order of placement preferences.
new text end

new text begin (e) If the court finds there is good cause to place outside the order of placement
preferences, the court must make written findings.
new text end

new text begin (f) A good cause finding under this subdivision must consider whether active efforts
were provided to extended family members who are considered the primary placement
option to assist them in becoming a placement option for the child as required by section
260.762.
new text end

new text begin (g) When a child is placed outside the order of placement preferences, good cause to
continue this placement must be determined at every stage of the proceedings.
new text end

Sec. 26.

Minnesota Statutes 2014, section 260B.007, subdivision 12, is amended to read:


Subd. 12.

Relative.

"Relative" means a parent, stepparent, grandparent, brother,
sister, uncle, or aunt of the minor. This relationship may be by blood or marriage. For an
Indian child, relative deleted text beginincludes membersdeleted text endnew text begin means a person who is a membernew text end of the new text beginIndian
child's
new text enddeleted text beginextendeddeleted text end family as defined deleted text beginby the law or custom of the Indian child's tribe or, in
the absence of laws or custom, nieces, nephews, or first or second cousins, as provided
deleted text endin the Indian Child Welfare Act of 1978, United States Code, title 25, section 1903new text begin,
paragraphs (2), (6), and (9)
new text end.

Sec. 27.

Minnesota Statutes 2014, section 260C.007, is amended by adding a
subdivision to read:


new text begin Subd. 26b. new text end

new text begin Relative of an Indian child. new text end

new text begin "Relative of an Indian child" means a
person who is a member of the Indian child's family as defined in the Indian Child Welfare
Act of 1978, United States Code, title 25, section 1903, paragraphs (2), (6), and (9).
new text end

Sec. 28.

Minnesota Statutes 2014, section 260C.007, subdivision 27, is amended to read:


Subd. 27.

Relative.

"Relative" means a person related to the child by blood,
marriage, or adoption, or an individual who is an important friend with whom the child
has resided or had significant contact. deleted text beginFor an Indian child, relative includes members of
the extended family as defined by the law or custom of the Indian child's tribe or, in the
absence of law or custom, nieces, nephews, or first or second cousins, as provided in the
Indian Child Welfare Act of 1978, United States Code, title 25, section 1903.
deleted text end

Sec. 29.

Minnesota Statutes 2014, section 260C.168, is amended to read:


260C.168 COMPLIANCE WITH INDIAN CHILD WELFARE ACTnew text begin AND
MINNESOTA INDIAN FAMILY PRESERVATION ACT
new text end.

The provisions of this chapter must be construed consistently with the Indian
Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963new text begin, and the
Minnesota Indian Family Preservation Act, sections 260.751 to 260.835
new text end.

Sec. 30.

Minnesota Statutes 2014, section 260C.178, subdivision 1, is amended to read:


Subdivision 1.

Hearing and release requirements.

(a) If a child was taken into
custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall
hold a hearing within 72 hours of the time the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should continue in
custody.

(b) Unless there is reason to believe that the child would endanger self or others or
not return for a court hearing, or that the child's health or welfare would be immediately
endangered, the child shall be released to the custody of a parent, guardian, custodian,
or other suitable person, subject to reasonable conditions of release including, but not
limited to, a requirement that the child undergo a chemical use assessment as provided in
section 260C.157, subdivision 1.

(c) If the court determines there is reason to believe that the child would endanger
self or others or not return for a court hearing, or that the child's health or welfare would
be immediately endangered if returned to the care of the parent or guardian who has
custody and from whom the child was removed, the court shall order the child into
foster care under the legal responsibility of the responsible social services agency or
responsible probation or corrections agency for the purposes of protective care as that term
is used in the juvenile court rules or into the home of a noncustodial parent and order the
noncustodial parent to comply with any conditions the court determines to be appropriate
to the safety and care of the child, including cooperating with paternity establishment
proceedings in the case of a man who has not been adjudicated the child's father. The
court shall not give the responsible social services legal custody and order a trial home
visit at any time prior to adjudication and disposition under section 260C.201, subdivision
1
, paragraph (a), clause (3), but may order the child returned to the care of the parent or
guardian who has custody and from whom the child was removed and order the parent or
guardian to comply with any conditions the court determines to be appropriate to meet
the safety, health, and welfare of the child.

(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator
of domestic child abuse.

(e) The court, before determining whether a child should be placed in or continue
in foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to new text beginsection 260.762 and new text endthe Indian Child Welfare Act of 1978, United States Code, title
25, section 1912(d), were made to prevent placement. The court shall enter a finding that
the responsible social services agency has made reasonable efforts to prevent placement
when the agency establishes either:

(1) that it has actually provided services or made efforts in an attempt to prevent
the child's removal but that such services or efforts have not proven sufficient to permit
the child to safely remain in the home; or

(2) that there are no services or other efforts that could be made at the time of the
hearing that could safely permit the child to remain home or to return home. When
reasonable efforts to prevent placement are required and there are services or other efforts
that could be ordered which would permit the child to safely return home, the court shall
order the child returned to the care of the parent or guardian and the services or efforts put
in place to ensure the child's safety. When the court makes a prima facie determination
that one of the circumstances under paragraph (g) exists, the court shall determine that
reasonable efforts to prevent placement and to return the child to the care of the parent or
guardian are not required.

If the court finds the social services agency's preventive or reunification efforts
have not been reasonable but further preventive or reunification efforts could not permit
the child to safely remain at home, the court may nevertheless authorize or continue
the removal of the child.

(f) The court may not order or continue the foster care placement of the child unless
the court makes explicit, individualized findings that continued custody of the child by
the parent or guardian would be contrary to the welfare of the child and that placement is
in the best interest of the child.

(g) At the emergency removal hearing, or at any time during the course of the
proceeding, and upon notice and request of the county attorney, the court shall determine
whether a petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;

(2) the parental rights of the parent to another child have been involuntarily
terminated;

(3) the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the parents' custodial rights to another child have been involuntarily transferred
to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph
(e), clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 626.556, subdivision
2
, against the child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory
offender under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) the provision of services or further services for the purpose of reunification is
futile and therefore unreasonable.

(h) When a petition to terminate parental rights is required under section 260C.301,
subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to
proceed with a termination of parental rights petition, and has instead filed a petition to
transfer permanent legal and physical custody to a relative under section 260C.507, the
court shall schedule a permanency hearing within 30 days of the filing of the petition.

(i) If the county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the petition except
when the county attorney determines that the criminal case shall proceed to trial first under
section 260C.503, subdivision 2, paragraph (c).

(j) If the court determines the child should be ordered into foster care and the child's
parent refuses to give information to the responsible social services agency regarding
the child's father or relatives of the child, the court may order the parent to disclose the
names, addresses, telephone numbers, and other identifying information to the responsible
social services agency for the purpose of complying with sections 260C.151, 260C.212,
260C.215, and 260C.221.

(k) If a child ordered into foster care has siblings, whether full, half, or step, who
are also ordered into foster care, the court shall inquire of the responsible social services
agency of the efforts to place the children together as required by section 260C.212,
subdivision 2
, paragraph (d), if placement together is in each child's best interests, unless
a child is in placement for treatment or a child is placed with a previously noncustodial
parent who is not a parent to all siblings. If the children are not placed together at the time
of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable
efforts to place the siblings together, as required under section 260.012. If any sibling is
not placed with another sibling or siblings, the agency must develop a plan to facilitate
visitation or ongoing contact among the siblings as required under section 260C.212,
subdivision 1
, unless it is contrary to the safety or well-being of any of the siblings to do so.

(l) When the court has ordered the child into foster care or into the home of a
noncustodial parent, the court may order a chemical dependency evaluation, mental health
evaluation, medical examination, and parenting assessment for the parent as necessary
to support the development of a plan for reunification required under subdivision 7 and
section 260C.212, subdivision 1, or the child protective services plan under section
626.556, subdivision 10, and Minnesota Rules, part 9560.0228.

Sec. 31.

Minnesota Statutes 2014, section 260C.201, subdivision 5, is amended to read:


Subd. 5.

Visitation.

If the court orders the child into foster care, the court shall
review and either modify or approve the agency's plan for supervised or unsupervised
visitation that contributes to the objectives of the court-ordered case plan and the
maintenance of the familial relationship, and that meets the requirements of section
260C.212, subdivision 1, paragraph (c), clause (5). No parent may be denied visitation
unless the court finds at the disposition hearing that the visitation would endanger the
child's physical or emotional well-being, is not in the child's best interests, or is not
required under section 260C.178, subdivision 3, paragraph (c) or (d). The court shall
review and either modify or approve the agency plan for visitation for any relatives as
defined in section 260C.007, subdivision new text begin26b or new text end27, and with siblings of the child, if
visitation is consistent with the best interests of the child.

Sec. 32.

Minnesota Statutes 2014, section 260C.212, subdivision 1, is amended to read:


Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan
shall be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.

(b) An out-of-home placement plan means a written document which is prepared
by the responsible social services agency jointly with the parent or parents or guardian
of the child and in consultation with the child's guardian ad litem, the child's tribe, if the
child is an Indian child, the child's foster parent or representative of the foster care facility,
and, where appropriate, the child. For a child in voluntary foster care for treatment under
chapter 260D, preparation of the out-of-home placement plan shall additionally include
the child's mental health treatment provider. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad
litem, a representative of the child's tribe, the responsible social services agency, and, if
possible, the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like, setting available which is in close proximity to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
and how the placement is consistent with the best interests and special needs of the child
according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from home and the changes the
parent or parents must make in order for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate
or correct the problems or conditions identified in clause (2), and the time period during
which the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
to achieve a safe and stable home for the child including social and other supportive
services to be provided or offered to the parent or parents or guardian of the child, the
child, and the residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if
not, the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined
in section 260C.007, subdivision new text begin26b or new text end27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest
of the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize the permanency plan for the child, including:

(i) reasonable efforts to place the child for adoption. At a minimum, the
documentation must include consideration of whether adoption is in the best interests of
the child, child-specific recruitment efforts such as relative search and the use of state,
regional, and national adoption exchanges to facilitate orderly and timely placements in
and outside of the state. A copy of this documentation shall be provided to the court in the
review required under section 260C.317, subdivision 3, paragraph (b); and

(ii) documentation necessary to support the requirements of the kinship placement
agreement under section 256N.22 when adoption is determined not to be in the child's
best interests;

(7) efforts to ensure the child's educational stability while in foster care, including:

(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another,
including efforts to work with the local education authorities to ensure the child's
educational stability; or

(ii) if it is not in the child's best interest to remain in the same school that the child
was enrolled in prior to placement or move from one placement to another, efforts to
ensure immediate and appropriate enrollment for the child in a new school;

(8) the educational records of the child including the most recent information
available regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(9) the efforts by the local agency to ensure the oversight and continuity of health
care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, will be monitored and treated while the child is in foster care;

(iii) how the child's medical information will be updated and shared, including
the child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals
will be consulted and involved in assessing the health and well-being of the child and
determine the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through
either medical insurance or medical assistance;

(10) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable
diseases as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for
medical insurance or medical assistance;

(11) an independent living plan for a child age 16 or older. The plan should include,
but not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a
driver's license;

(iv) money management, including the responsibility of the agency to ensure that
the youth annually receives, at no cost to the youth, a consumer report as defined under
section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;

(v) planning for housing;

(vi) social and recreational skills; and

(vii) establishing and maintaining connections with the child's family and
community; and

(12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes.

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time
of placement of the child. The child shall also have the right to a guardian ad litem.
If unable to employ counsel from their own resources, the court shall appoint counsel
upon the request of the parent or parents or the child or the child's legal guardian. The
parent or parents may also receive assistance from any person or social services agency
in preparation of the case plan.

After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan
and shall be provided a copy of the plan.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.

Sec. 33.

Minnesota Statutes 2014, section 260C.212, subdivision 2, is amended to read:


Subd. 2.

Placement decisions based on best interests of the child.

(a) The
policy of the state of Minnesota is to ensure that the child's best interests are met by
requiring an individualized determination of the needs of the child and of how the selected
placement will serve the needs of the child being placed. The authorized child-placing
agency shall place a child, released by court order or by voluntary release by the parent
or parents, in a family foster home selected by considering placement with relatives and
important friends in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption; or

(2) with an individual who is an important friend with whom the child has resided or
had significant contact.

new text begin For an Indian child, the agency shall follow the order of placement preferences in the
Indian Child Welfare Act of 1978, United States Code, title 25, section 1915.
new text end

(b) Among the factors the agency shall consider in determining the needs of the
child are the following:

(1) the child's current functioning and behaviors;

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's relationship to current caretakers, parents, siblings, and relatives; deleted text beginand
deleted text end

(10) the reasonable preference of the child, if the court, or the child-placing agency
in the case of a voluntary placement, deems the child to be of sufficient age to express
preferencesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (11) for an Indian child, the best interests of an Indian child as defined in section
260.755, subdivision 2a.
new text end

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest
possible time unless it is documented that a joint placement would be contrary to the
safety or well-being of any of the siblings or unless it is not possible after reasonable
efforts by the responsible social services agency. In cases where siblings cannot be placed
together, the agency is required to provide frequent visitation or other ongoing interaction
between siblings unless the agency documents that the interaction would be contrary to
the safety or well-being of any of the siblings.

(e) Except for emergency placement as provided for in section 245A.035, the
following requirements must be satisfied before the approval of a foster or adoptive
placement in a related or unrelated home: (1) a completed background study under section
245C.08; and (2) a completed review of the written home study required under section
260C.215, subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective
foster or adoptive parent to ensure the placement will meet the needs of the individual child.

Sec. 34.

Minnesota Statutes 2014, section 260C.511, is amended to read:


260C.511 BEST INTERESTS OF THE CHILD.

(a) The "best interests of the child" means all relevant factors to be considered and
evaluated.new text begin In the case of an Indian child, best interests of the child includes best interests
of an Indian child as defined in section 260.755, subdivision 2a.
new text end

(b) In making a permanency disposition order or termination of parental rights,
the court must be governed by the best interests of the child, including a review of the
relationship between the child and relatives and the child and other important persons with
whom the child has resided or had significant contact.

Sec. 35.

Minnesota Statutes 2014, section 268.155, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

As used in this section:

(1) "Child support obligations" means obligations that are being enforced by a child
support agency in accordance with a plan described in United States Code, title 42, deleted text beginsection
deleted text endnew text beginsectionsnew text end 454new text begin and 455new text end, of the Social Security Act that has been approved by the secretary of
health and human services under part D of title IV of the Social Security Act. This does
not include any type of spousal maintenance or foster care payments; and

(2) "Child support agency" means the public agency responsible for child support
enforcementnew text begin, including federally approved comprehensive Tribal IV-D programsnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 15, 2015.
new text end

Sec. 36.

Minnesota Statutes 2014, section 626.556, subdivision 10, is amended to read:


Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report.

(a) Upon receipt of a report, the local welfare agency shall determine
whether to conduct a family assessment or an investigation as appropriate to prevent or
provide a remedy for child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving substantial child
endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that substantial child
endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege substantial child
endangerment. In determining that a family assessment is appropriate, the local welfare
agency may consider issues of child safety, parental cooperation, and the need for an
immediate response; deleted text beginand
deleted text end

(4) may conduct a family assessment on a report that was initially screened and
assigned for an investigation. In determining that a complete investigation is not required,
the local welfare agency must document the reason for terminating the investigation and
notify the local law enforcement agency if the local law enforcement agency is conducting
a joint investigationdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) shall provide immediate notice, according to section 260.761, subdivision 2, to
an Indian child's tribe when the agency has reason to believe the family assessment or
investigation may involve an Indian child. For purposes of this clause, "immediate notice"
means notice provided within 24 hours.
new text end

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
or individual functioning within the family unit as a person responsible for the child's
care, or sexual abuse by a person with a significant relationship to the child when that
person resides in the child's household or by a sibling, the local welfare agency shall
immediately conduct a family assessment or investigation as identified in clauses (1) to
(4). In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence and offer
services for purposes of preventing future child maltreatment, safeguarding and enhancing
the welfare of the abused or neglected minor, and supporting and preserving family
life whenever possible. If the report alleges a violation of a criminal statute involving
sexual abuse, physical abuse, or neglect or 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 its investigation. 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. 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. In performing any of these duties, the
local welfare agency shall maintain appropriate records.

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 shall conduct a chemical use assessment pursuant to Minnesota
Rules, part 9530.6615.

(b) When a local agency receives a report or otherwise has information indicating
that a child who is a client, as defined in section 245.91, has been the subject of physical
abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
245.91, it shall, in addition to its other duties under this section, immediately inform the
ombudsman established under sections 245.91 to 245.97. The commissioner of education
shall inform the ombudsman established under sections 245.91 to 245.97 of reports
regarding a child defined as a client in section 245.91 that maltreatment occurred at a
school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.

(c) Authority of the local welfare agency responsible for assessing or investigating
the child abuse or neglect report, the agency responsible for assessing or investigating
the report, and of the local law enforcement agency for investigating the alleged abuse or
neglect includes, but is not limited to, authority to interview, without parental consent,
the alleged victim and any other minors who currently reside with or who have resided
with the alleged offender. The interview may take place at school or at any facility or
other place where the alleged victim or other minors might be found or the child may be
transported to, and the interview conducted at, a place appropriate for the interview of a
child designated by the local welfare agency or law enforcement agency. The interview
may take place outside the presence of the alleged offender or parent, legal custodian,
guardian, or school official. For family assessments, it is the preferred practice to request
a parent or guardian's permission to interview the child prior to conducting the child
interview, unless doing so would compromise the safety assessment. Except as provided in
this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible
local welfare or law enforcement agency no later than the conclusion of the investigation
or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota
Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte
motion by the local welfare agency, order that, where reasonable cause exists, the agency
withhold notification of this interview from the parent, legal custodian, or guardian. If the
interview took place or is to take place on school property, the order shall specify that
school officials may not disclose to the parent, legal custodian, or guardian the contents
of the notification of intent to interview the child on school property, as provided under
this paragraph, and any other related information regarding the interview that may be a
part of the child's school record. A copy of the order shall be sent by the local welfare or
law enforcement agency to the appropriate school official.

(d) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification
shall include the name of the child to be interviewed, the purpose of the interview, and
a reference to the statutory authority to conduct an interview on school property. For
interviews conducted by the local welfare agency, the notification shall be signed by the
chair of the local social services agency or the chair's designee. The notification shall be
private data on individuals subject to the provisions of this paragraph. School officials
may not disclose to the parent, legal custodian, or guardian the contents of the notification
or any other related information regarding the interview until notified in writing by the
local welfare or law enforcement agency that the investigation or assessment has been
concluded, unless a school employee or agent is alleged to have maltreated the child.
Until that time, the local welfare or law enforcement agency or the agency responsible
for assessing or investigating a report of maltreatment shall be solely responsible for any
disclosures regarding the nature of the assessment or investigation.

Except where the alleged offender is believed to be a school official or employee,
the time and place, and manner of the interview on school premises shall be within the
discretion of school officials, but the local welfare or law enforcement agency shall have
the exclusive authority to determine who may attend the interview. The conditions as to
time, place, and manner of the interview set by the school officials shall be reasonable and
the interview shall be conducted not more than 24 hours after the receipt of the notification
unless another time is considered necessary by agreement between the school officials and
the local welfare or law enforcement agency. Where the school fails to comply with the
provisions of this paragraph, the juvenile court may order the school to comply. Every
effort must be made to reduce the disruption of the educational program of the child, other
students, or school staff when an interview is conducted on school premises.

(e) Where the alleged offender or a person responsible for the care of the alleged
victim or other minor prevents access to the victim or other minor by the local welfare
agency, the juvenile court may order the parents, legal custodian, or guardian to produce
the alleged victim or other minor for questioning by the local welfare agency or the local
law enforcement agency outside the presence of the alleged offender or any person
responsible for the child's care at reasonable places and times as specified by court order.

(f) Before making an order under paragraph (e), the court shall issue an order to
show cause, either upon its own motion or upon a verified petition, specifying the basis for
the requested interviews and fixing the time and place of the hearing. The order to show
cause shall be served personally and shall be heard in the same manner as provided in
other cases in the juvenile court. The court shall consider the need for appointment of a
guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
litem shall be present at the hearing on the order to show cause.

(g) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(h) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety,
risk of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information
to ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's relationship to the
child and to the alleged offender, and the basis of the reporter's knowledge for the report;
the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the alleged maltreatment. The
local welfare agency or the agency responsible for investigating the report may make a
determination of no maltreatment early in an investigation, and close the case and retain
immunity, if the collected information shows no basis for a full investigation.

Information relevant to the assessment or investigation must be asked for, and
may include:

(1) the child's sex and age, prior reports of maltreatment, information relating
to developmental functioning, credibility of the child's statement, and whether the
information provided under this clause is consistent with other information collected
during the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the
child; (ii) prior medical records relating to the alleged maltreatment or the care of the
child maintained by any facility, clinic, or health care professional and an interview with
the treating professionals; and (iii) interviews with the child's caretakers, including the
child's parent, guardian, foster parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have knowledge regarding the alleged
maltreatment and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of
the child, and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report
from collecting other relevant information necessary to conduct the assessment or
investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare
agency has access to medical data and records for purposes of clause (3). Notwithstanding
the data's classification in the possession of any other agency, data acquired by the
local welfare agency or the agency responsible for assessing or investigating the report
during the course of the assessment or investigation are private data on individuals and
must be maintained in accordance with subdivision 11. Data of the commissioner of
education collected or maintained during and for the purpose of an investigation of
alleged maltreatment in a school are governed by this section, notwithstanding the data's
classification as educational, licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
contact with the child reported to be maltreated and with the child's primary caregiver
sufficient to complete a safety assessment and ensure the immediate safety of the child.
The face-to-face contact with the child and primary caregiver shall occur immediately
if substantial child endangerment is alleged and within five calendar days for all other
reports. If the alleged offender was not already interviewed as the primary caregiver, the
local welfare agency shall also conduct a face-to-face interview with the alleged offender
in the early stages of the assessment or investigation. At the initial contact, the local child
welfare agency or the agency responsible for assessing or investigating the report must
inform the alleged offender of the complaints or allegations made against the individual in
a manner consistent with laws protecting the rights of the person who made the report.
The interview with the alleged offender may be postponed if it would jeopardize an active
law enforcement investigation.

(j) When conducting an investigation, the local welfare agency shall use a question
and answer interviewing format with questioning as nondirective as possible to elicit
spontaneous responses. For investigations only, the following interviewing methods and
procedures must be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with
the alleged victim and child witnesses.

(k) In conducting an assessment or investigation involving a school facility as
defined in subdivision 2, paragraph (i), the commissioner of education shall collect
available and relevant information and use the procedures in paragraphs (i), (k), and
subdivision 3d, except that the requirement for face-to-face observation of the child
and face-to-face interview of the alleged offender is to occur in the initial stages of the
assessment or investigation provided that the commissioner may also base the assessment
or investigation on investigative reports and data received from the school facility and
local law enforcement, to the extent those investigations satisfy the requirements of
paragraphs (i) and (k), and subdivision 3d.

Sec. 37.

Minnesota Statutes 2014, section 626.556, subdivision 11d, is amended to read:


Subd. 11d.

Disclosure in child fatality or near-fatality cases.

(a) The definitions
in this paragraph apply to this section.

(1) "Child fatality" means the death of a child from deleted text beginsuspecteddeleted text endnew text begin childnew text end abusedeleted text begin,deleted text endnew text begin or
new text endneglectdeleted text begin, or maltreatmentdeleted text end.

(2) "Near fatality" means a case in which a physician determines that a child is in
serious or critical condition as the result of sickness or injury caused by deleted text beginsuspecteddeleted text endnew text begin child
new text endabusedeleted text begin,deleted text endnew text begin ornew text end neglectdeleted text begin, or maltreatmentdeleted text end.

(3) "Findings and information" means a written summary described in paragraph
(c) of actions taken or services rendered by a local social services agency following
receipt of a report.

(b) Notwithstanding any other provision of law and subject to this subdivision, a
public agency shall disclose to the public, upon request, the findings and information
related to a child fatality or near fatality if:

(1) a person is criminally charged with having caused the child fatality or near
fatality; deleted text beginor
deleted text end

(2) a county attorney certifies that a person would have been charged with having
caused the child fatality or near fatality but for that person's deathdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) a child protection investigation resulted in a determination of child abuse or
neglect.
new text end

(c) Findings and information disclosed under this subdivision consist of a written
summary that includes any of the following information the agency is able to provide:

(1) the deleted text begindates, outcomes, and results of any actions taken or services rendereddeleted text endnew text begin cause
and circumstances regarding the child fatality or near fatality
new text end;

new text begin (2) the age and gender of the child;
new text end

new text begin (3) information on any previous reports of child abuse or neglect that are pertinent to
the abuse or neglect that led to the child fatality or near fatality;
new text end

new text begin (4) information on any previous investigations that are pertinent to the abuse or
neglect that led to the child fatality or near fatality;
new text end

new text begin (5) the results of any investigations described in clause (4);
new text end

new text begin (6) actions of and services provided by the local social services agency on behalf
of a child that are pertinent to the child abuse or neglect that led to the child fatality
or near fatality; and
new text end

deleted text begin (2)deleted text endnew text begin (7)new text end the results of any review of the state child mortality review panel, a local child
mortality review panel, a local community child protection team, or any public agencydeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) confirmation of the receipt of all reports, accepted or not accepted, by the
local welfare agency for assessment of suspected child abuse, neglect, or maltreatment,
including confirmation that investigations were conducted, the results of the investigations,
a description of the conduct of the most recent investigation and the services rendered,
and a statement of the basis for the agency's determination.
deleted text end

(d) Nothing in this subdivision authorizes access to the private data in the custody of
a local social services agency, or the disclosure to the public of the records or content of
any psychiatric, psychological, or therapeutic evaluations, or the disclosure of information
that would reveal the identities of persons who provided information related to deleted text beginsuspected
deleted text endabusedeleted text begin,deleted text endnew text begin ornew text end neglectdeleted text begin, or maltreatmentdeleted text end of the child.

(e) A person whose request is denied may apply to the appropriate court for an
order compelling disclosure of all or part of the findings and information of the public
agency. The application must set forth, with reasonable particularity, factors supporting
the application. The court has jurisdiction to issue these orders. Actions under this section
must be set down for immediate hearing, and subsequent proceedings in those actions
must be given priority by the appellate courts.

(f) A public agency or its employees acting in good faith in disclosing or declining
to disclose information under this section are immune from criminal or civil liability that
might otherwise be incurred or imposed for that action.

Sec. 38. new text beginREVIVAL AND REENACTMENT.
new text end

new text begin Minnesota Statutes, section 518A.53, subdivision 7, is revived and reenacted
retroactively from August 1, 2014. Income withholding implemented after July 31, 2014,
and before the enactment of this section is ratified by the enactment of this section.
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

ARTICLE 2

CHEMICAL AND MENTAL HEALTH SERVICES

Section 1.

Minnesota Statutes 2014, section 168.012, subdivision 1, is amended to read:


Subdivision 1.

Vehicles exempt from tax, fees, or plate display.

(a) The following
vehicles are exempt from the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:

(1) vehicles owned and used solely in the transaction of official business by the
federal government, the state, or any political subdivision;

(2) vehicles owned and used exclusively by educational institutions and used solely
in the transportation of pupils to and from those institutions;

(3) vehicles used solely in driver education programs at nonpublic high schools;

(4) vehicles owned by nonprofit charities and used exclusively to transport disabled
persons for charitable, religious, or educational purposes;

(5) vehicles owned by nonprofit charities and used exclusively for disaster response
and related activities;

(6) vehicles owned by ambulance services licensed under section 144E.10 that
are equipped and specifically intended for emergency response or providing ambulance
services; and

(7) vehicles owned by a commercial driving school licensed under section 171.34,
or an employee of a commercial driving school licensed under section 171.34, and the
vehicle is used exclusively for driver education and training.

(b) Provided the general appearance of the vehicle is unmistakable, the following
vehicles are not required to register or display number plates:

(1) vehicles owned by the federal government;

(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by
the state or a political subdivision;

(3) police patrols owned or leased by the state or a political subdivision; and

(4) ambulances owned or leased by the state or a political subdivision.

(c) Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
the Department of Corrections or by conservation officers of the Division of Enforcement
and Field Service of the Department of Natural Resources, must be registered and must
display appropriate license number plates, furnished by the registrar at cost. Original and
renewal applications for these license plates authorized for use in general police work and
for use by the Department of Corrections or by conservation officers must be accompanied
by a certification signed by the appropriate chief of police if issued to a police vehicle,
the appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
issued to a Department of Corrections vehicle, or the appropriate officer in charge if
issued to a vehicle of any other law enforcement agency. The certification must be on a
form prescribed by the commissioner and state that the vehicle will be used exclusively
for a purpose authorized by this section.

(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be registered and must
display passenger vehicle classification license number plates, furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of revenue or the
commissioner of labor and industry. The certification must be on a form prescribed by
the commissioner and state that the vehicles will be used exclusively for the purposes
authorized by this section.

(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the commissioner of health. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Division of Disease Prevention and Control.

(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the board chair. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Gambling Control Board.

(g) Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by the Department of Human Services' Office of Special Investigations' staff;
the Minnesota sex offender program's executive director and the executive director's
staff; and the Office of Inspector General's staff, including, but not limited to, county
fraud prevention investigators, must be registered and must display passenger vehicle
classification license number plates, furnished by the registrar at cost. Original and
renewal applications for passenger vehicle license plates must be accompanied by a
certification signed by the commissioner of human services. The certification must be on a
form prescribed by the commissioner and state that the vehicles must be used exclusively
for the official duties of the Office of Special Investigations' staff; the Minnesota sex
offender program's executive director and the executive director's staff; and the Office
of the Inspector General's staff, including, but not limited to, contract and county fraud
prevention investigators.

(h) Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required identification on
the sides of the vehicle. The vehicle must be registered and must display passenger
vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the hospital administrator. The certification
must be on a form prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the state hospital or institution.

(i) Each county social service agency may have vehicles used for child and
vulnerable adult protective services without the required identification on the sides of the
vehicle. The vehicles must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used exclusively for the
official duties of the social service agency.

new text begin (j) Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by tobacco inspector staff of the Department of Human Services' Alcohol and
Drug Abuse Division for the purposes of tobacco inspections, investigations, and reviews
must be registered and must display passenger vehicle classification license number
plates, furnished at cost by the registrar. Original and renewal applications for passenger
vehicle license plates must be accompanied by a certification signed by the commissioner
of human services. The certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively by tobacco inspector staff for the
duties specified in this paragraph.
new text end

deleted text begin (j)deleted text endnew text begin (k)new text end All other motor vehicles must be registered and display tax-exempt number
plates, furnished by the registrar at cost, except as provided in subdivision 1c. All
vehicles required to display tax-exempt number plates must have the name of the state
department or political subdivision, nonpublic high school operating a driver education
program, licensed commercial driving school, or other qualifying organization or entity,
plainly displayed on both sides of the vehicle. This identification must be in a color
giving contrast with that of the part of the vehicle on which it is placed and must endure
throughout the term of the registration. The identification must not be on a removable
plate or placard and must be kept clean and visible at all times; except that a removable
plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
to a nonpublic high school driver education program.

Sec. 2.

Minnesota Statutes 2014, section 245.462, subdivision 4, is amended to read:


Subd. 4.

Case management service provider.

(a) "Case management service
provider" means a case manager or case manager associate employed by the county or
other entity authorized by the county board to provide case management services specified
in section 245.4711.

(b) A case manager must:

(1) be skilled in the process of identifying and assessing a wide range of client needs;

(2) be knowledgeable about local community resources and how to use those
resources for the benefit of the client;

(3) have a bachelor's degree in one of the behavioral sciences or related fields
including, but not limited to, social work, psychology, or nursing from an accredited
college or university or meet the requirements of paragraph (c); and

(4) meet the supervision and continuing education requirements described in
paragraphs (d), (e), and (f), as applicable.

(c) Case managers without a bachelor's degree must meet one of the requirements in
clauses (1) to (3):

(1) have three or four years of experience as a case manager associate as defined
in this section;

(2) be a registered nurse without a bachelor's degree and have a combination
of specialized training in psychiatry and work experience consisting of community
interaction and involvement or community discharge planning in a mental health setting
totaling three years; or

(3) be a person who qualified as a case manager under the 1998 Department of
Human Service waiver provision and meet the continuing education and mentoring
requirements in this section.

(d) A case manager with at least 2,000 hours of supervised experience in the delivery
of services to adults with mental illness must receive regular ongoing supervision and
clinical supervision totaling 38 hours per year of which at least one hour per month must
be clinical supervision regarding individual service delivery with a case management
supervisor. The remaining 26 hours of supervision may be provided by a case manager with
two years of experience. Group supervision may not constitute more than one-half of the
required supervision hours. Clinical supervision must be documented in the client record.

(e) A case manager without 2,000 hours of supervised experience in the delivery of
services to adults with mental illness must:

(1) receive clinical supervision regarding individual service delivery from a mental
health professional at least one hour per week until the requirement of 2,000 hours of
experience is met; and

(2) complete 40 hours of training approved by the commissioner in case management
skills and the characteristics and needs of adults with serious and persistent mental illness.

(f) A case manager who is not licensed, registered, or certified by a health-related
licensing board must receive 30 hours of continuing education and training in mental
illness and mental health services every two years.

(g) A case manager associate (CMA) must:

(1) work under the direction of a case manager or case management supervisor;

(2) be at least 21 years of age;

(3) have at least a high school diploma or its equivalent; and

(4) meet one of the following criteria:

(i) have an associate of arts degree in one of the behavioral sciences or human
services;

new text begin (ii) be a certified peer specialist under section 256B.0615;
new text end

deleted text begin (ii)deleted text endnew text begin (iii)new text end be a registered nurse without a bachelor's degree;

deleted text begin (iii)deleted text endnew text begin (iv)new text end within the previous ten years, have three years of life experience with
serious and persistent mental illness as defined in section 245.462, subdivision 20; or as
a child had severe emotional disturbance as defined in section 245.4871, subdivision 6;
or have three years life experience as a primary caregiver to an adult with serious and
persistent mental illness within the previous ten years;

deleted text begin (iv)deleted text endnew text begin (v)new text end have 6,000 hours work experience as a nondegreed state hospital technician;
or

deleted text begin (v)deleted text endnew text begin (vi)new text end be a mental health practitioner as defined in section 245.462, subdivision
17
, clause (2).

Individuals meeting one of the criteria in items (i) to deleted text begin(iv)deleted text endnew text begin (v)new text end, may qualify as a case
manager after four years of supervised work experience as a case manager associate.
Individuals meeting the criteria in item deleted text begin(v)deleted text endnew text begin (vi)new text end, may qualify as a case manager after three
years of supervised experience as a case manager associate.

(h) A case management associate must meet the following supervision, mentoring,
and continuing education requirements:

(1) have 40 hours of preservice training described under paragraph (e), clause (2);

(2) receive at least 40 hours of continuing education in mental illness and mental
health services annually; and

(3) receive at least five hours of mentoring per week from a case management mentor.

A "case management mentor" means a qualified, practicing case manager or case
management supervisor who teaches or advises and provides intensive training and
clinical supervision to one or more case manager associates. Mentoring may occur while
providing direct services to consumers in the office or in the field and may be provided
to individuals or groups of case manager associates. At least two mentoring hours per
week must be individual and face-to-face.

(i) A case management supervisor must meet the criteria for mental health
professionals, as specified in section 245.462, subdivision 18.

(j) An immigrant who does not have the qualifications specified in this subdivision
may provide case management services to adult immigrants with serious and persistent
mental illness who are members of the same ethnic group as the case manager if the person:

(1) is currently enrolled in and is actively pursuing credits toward the completion of
a bachelor's degree in one of the behavioral sciences or a related field including, but not
limited to, social work, psychology, or nursing from an accredited college or university;

(2) completes 40 hours of training as specified in this subdivision; and

(3) receives clinical supervision at least once a week until the requirements of this
subdivision are met.

Sec. 3.

Minnesota Statutes 2014, section 254B.05, subdivision 5, is amended to read:


Subd. 5.

Rate requirements.

(a) The commissioner shall establish rates for
chemical dependency services and service enhancements funded under this chapter.

(b) Eligible chemical dependency treatment services include:

(1) outpatient treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license;

(2) medication-assisted therapy services that are licensed according to Minnesota
Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;

(3) medication-assisted therapy plus enhanced treatment services that meet the
requirements of clause (2) and provide nine hours of clinical services each week;

(4) high, medium, and low intensity residential treatment services that are licensed
according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
tribal license which provide, respectively, 30, 15, and five hours of clinical services each
week;

(5) hospital-based treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under
sections 144.50 to 144.56;

(6) adolescent treatment programs that are licensed as outpatient treatment programs
according to Minnesota Rules, parts 9530.6405 to 9530.6485, 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; and

(7) room and board facilities that meet the requirements of section 254B.05,
subdivision 1a.

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

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

deleted text begin (i) provides on-site child care during hours of treatment activity that meets the
requirements in Minnesota Rules, part 9530.6490, or section deleted text begin245A.03, subdivision 2deleted text end; or
deleted text end

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

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

new text begin (B) meets the licensure exclusion criteria of section 245A.03, subdivision 2,
paragraph (a), clause (6), and meets the requirements under Minnesota Rules, part
9530.6490, subpart 4; or
new text end

(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 programs as defined in section 254B.01, subdivision deleted text begin8deleted text endnew text begin 4anew text end, if
the program meets the requirements in Minnesota Rules, part 9530.6605, subpart 13;

(3) 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; and

(4) programs that offer services to individuals with co-occurring mental health and
chemical dependency problems if:

(i) the program meets the co-occurring requirements in Minnesota Rules, part
9530.6495;

(ii) 25 percent of the counseling staff are licensed mental health professionals, as
defined in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing
candidates under the supervision of a licensed alcohol and drug counselor supervisor and
licensed mental health professional, 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 abuse
disorders and the interaction between the two; and

(vi) co-occurring counseling staff will 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 chemical dependency facility of the child care provider's current licensure to provide
child care services. Programs that provide child care according to paragraph (c), clause
(1), must be deemed in compliance with the licensing requirements in Minnesota Rules,
part 9530.6490.

(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).

new text begin (f) Subject to federal approval, chemical dependency services that are otherwise
covered as direct face-to-face services may be provided via two-way interactive video.
The use of two-way interactive video 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. The interactive
video equipment and connection must comply with Medicare standards in effect at the
time the service is provided.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (f) is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2014, section 256B.0943, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them.

(a) "Children's therapeutic services and supports" means the flexible package of
mental health services for children who require varying therapeutic and rehabilitative
levels of interventionnew text begin to treat a diagnosed emotional disturbance, as defined in section
245.4871, subdivision 15, or a diagnosed mental illness, as defined in section 245.462,
subdivision 20
new text end. The services are time-limited interventions that are delivered using
various treatment modalities and combinations of services designed to reach treatment
outcomes identified in the individual treatment plan.

(b) "Clinical supervision" means the overall responsibility of the mental health
professional for the control and direction of individualized treatment planning, service
delivery, and treatment review for each client. A mental health professional who is an
enrolled Minnesota health care program provider accepts full professional responsibility
for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work,
and oversees or directs the supervisee's work.

(c) deleted text begin"County board" means the county board of commissioners or board established
under sections 402.01 to 402.10 or 471.59.
deleted text endnew text begin "Clinical trainee" means a mental health
practitioner who meets the qualifications specified in Minnesota Rules, part 9505.0371,
subpart 5, item C.
new text end

(d) "Crisis assistance" has the meaning given in section 245.4871, subdivision
9a
.new text begin Crisis assistance entails the development of a written plan to assist a child's family
to contend with a potential crisis and is distinct from the immediate provision of crisis
intervention services.
new text end

(e) "Culturally competent provider" means a provider who understands and can
utilize to a client's benefit the client's culture when providing services to the client. A
provider may be culturally competent because the provider is of the same cultural or
ethnic group as the client or the provider has developed the knowledge and skills through
training and experience to provide services to culturally diverse clients.

(f) "Day treatment program" for children means a site-based structured mental health
program consisting of psychotherapy for three or more individuals and individual or
group skills training provided by a multidisciplinary team, under the clinical supervision
of a mental health professional.

(g) "Diagnostic assessment" has the meaning given in Minnesota Rules, part
9505.0372, subpart 1.

(h) "Direct service time" means the time that a mental health professional,new text begin clinical
trainee,
new text end mental health practitioner, or mental health behavioral aide spends face-to-face
with a client and the client's familynew text begin or providing covered telemedicine servicesnew text end. Direct
service time includes time in which the provider obtains a client's historynew text begin, develops a client's
treatment plan, records individual treatment outcomes,
new text end or provides service components of
children's therapeutic services and supports. Direct service time does not include time
doing work before and after providing direct services, including schedulingdeleted text begin,deleted text endnew text begin ornew text end maintaining
clinical recordsdeleted text begin, consulting with others about the client's mental health status, preparing
reports, receiving clinical supervision, and revising the client's individual treatment plan
deleted text end.

(i) "Direction of mental health behavioral aide" means the activities of a mental
health professional or mental health practitioner in guiding the mental health behavioral
aide in providing services to a client. The direction of a mental health behavioral aide
must be based on the client's individualized treatment plan and meet the requirements in
subdivision 6, paragraph (b), clause (5).

(j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision
15
. deleted text beginFor persons at least age 18 but under age 21, mental illness has the meaning given in
section 245.462, subdivision 20, paragraph (a).
deleted text end

(k) "Individual behavioral plan" means a plan of intervention, treatment, and services
for a child written by a mental health professional or mental health practitioner, under the
clinical supervision of a mental health professional, to guide the work of the mental health
behavioral aide. new text beginThe individual behavioral plan may be incorporated into the child's
individual treatment plan so long as the behavioral plan is separately communicable to
the mental health behavioral aide.
new text end

(l) "Individual treatment plan" has the meaning given in deleted text beginsection 245.4871,
subdivision 21
deleted text endnew text begin Minnesota Rules, part 9505.0371, subpart 7new text end.

(m) "Mental health behavioral aide services" means medically necessary one-on-one
activities performed by a trained paraprofessionalnew text begin qualified as provided in subdivision 7,
paragraph (b), clause (3),
new text end to assist a child retain or generalize psychosocial skills as deleted text begintaught
deleted text endnew text beginpreviously trainednew text end by a mental health professional or mental health practitioner and as
described in the child's individual treatment plan and individual behavior plan. Activities
involve working directly with the child or child's family as provided in subdivision 9,
paragraph (b), clause (4).

(n) "Mental health practitioner" means an individual as defined in deleted text beginsection 245.4871,
subdivision 26
deleted text endnew text begin Minnesota Rules, part 9505.0370, subpart 17new text end.

(o) "Mental health professional" means an individual as defined in deleted text beginsection 245.4871,
subdivision 27
, clauses (1) to (6), or tribal vendor as defined in section 256B.02,
subdivision 7
, paragraph (b)
deleted text endnew text begin Minnesota Rules, part 9505.0370, subpart 18new text end.

(p) "Mental health service plan development" includes:

(1) the development, review, and revision of a child's individual treatment plan,
as provided in Minnesota Rules, part 9505.0371, subpart 7, including involvement of
the client or client's parents, primary caregiver, or other person authorized to consent to
mental health services for the client, and including arrangement of treatment and support
activities specified in the individual treatment plan; and

(2) administering standardized outcome measurement instruments, determined
and updated by the commissioner, as periodically needed to evaluate the effectiveness
of treatment for children receiving clinical services and reporting outcome measures,
as required by the commissioner.

new text begin (q) "Mental illness," for persons at least age 18 but under age 21, has the meaning
given in section 245.462, subdivision 20, paragraph (a).
new text end

new text begin (r) "Psychotherapy" means the treatment of mental or emotional disorders or
maladjustment by psychological means. Psychotherapy may be provided in many
modalities in accordance with Minnesota Rules, part 9505.0372, subpart 6, including
patient and/or family psychotherapy; family psychotherapy; psychotherapy for
crisis; group psychotherapy; or multiple-family psychotherapy. Beginning with the
American Medical Association's Current Procedural Terminology, standard edition,
2014, the procedure "individual psychotherapy" is replaced with "patient and/or family
psychotherapy," a substantive change that permits the therapist to work with the client's
family without the client present to obtain information about the client or to explain the
client's treatment plan to the family. Psychotherapy is appropriate for crisis response
when a child has become dysregulated or experienced new trauma since the diagnostic
assessment was completed and needs psychotherapy to address issues not currently
included in the child's individual treatment plan.
new text end

new text begin (s) "Rehabilitative services" or "psychiatric rehabilitation services" means a series
or multidisciplinary combination of psychiatric and psychosocial interventions to: (1)
restore a child or adolescent to an age-appropriate developmental trajectory that had been
disrupted by a psychiatric illness; or (2) enable the child to self-monitor, compensate
for, cope with, counteract, or replace psychosocial skills deficits or maladaptive skills
acquired over the course of a psychiatric illness. Psychiatric rehabilitation services
for children combine psychotherapy to address internal psychological, emotional,
and intellectual processing deficits, and skills training to restore personal and social
functioning. Psychiatric rehabilitation services establish a progressive series of goals
with each achievement building upon a prior achievement. Continuing progress toward
goals is expected, and rehabilitative potential ceases when successive improvement is not
observable over a period of time.
new text end

deleted text begin (q)deleted text endnew text begin (t)new text end "Skills training" means individual, family, or group training, delivered by or
under the deleted text begindirectiondeleted text endnew text begin supervisionnew text end of a mental health professional, designed to facilitate the
acquisition of psychosocial skills that are medically necessary to rehabilitate the child to
an age-appropriate developmental trajectory heretofore disrupted by a psychiatric illness
or new text beginto enable the child new text endto self-monitor, compensate for, cope with, counteract, or replace
skills deficits or maladaptive skills acquired over the course of a psychiatric illness. Skills
training is subject to the deleted text beginfollowing requirements:deleted text endnew text begin service delivery requirements under
subdivision 9, paragraph (b), clause (2).
new text end

deleted text begin (1) a mental health professional or a mental health practitioner must provide skills
training;
deleted text end

deleted text begin (2) the child must always be present during skills training; however, a brief absence
of the child for no more than ten percent of the session unit may be allowed to redirect or
instruct family members;
deleted text end

deleted text begin (3) skills training delivered to children or their families must be targeted to the
specific deficits or maladaptations of the child's mental health disorder and must be
prescribed in the child's individual treatment plan;
deleted text end

deleted text begin (4) skills training delivered to the child's family must teach skills needed by parents
to enhance the child's skill development and to help the child use in daily life the skills
previously taught by a mental health professional or mental health practitioner and to
develop or maintain a home environment that supports the child's progressive use skills;
deleted text end

deleted text begin (5) group skills training may be provided to multiple recipients who, because of the
nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from
interaction in a group setting, which must be staffed as follows:
deleted text end

deleted text begin (i) one mental health professional or one mental health practitioner under supervision
of a licensed mental health professional must work with a group of four to eight clients; or
deleted text end

deleted text begin (ii) two mental health professionals or two mental health practitioners under
supervision of a licensed mental health professional, or one professional plus one
practitioner must work with a group of nine to 12 clients.
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. 5.

Minnesota Statutes 2014, section 256B.0943, subdivision 2, is amended to read:


Subd. 2.

Covered service components of children's therapeutic services and
supports.

(a) Subject to federal approval, medical assistance covers medically necessary
children's therapeutic services and supports as defined in this section that an eligible
provider entity certified under subdivision 4 provides to a client eligible under subdivision
3.

(b) The service components of children's therapeutic services and supports are:

(1) patient new text beginand/new text endor family deleted text beginmemberdeleted text endnew text begin psychotherapynew text end, familynew text begin psychotherapynew text end,
psychotherapy for crisis, and group psychotherapy;

(2) individual, family, or group skills training provided by a mental health
professional or mental health practitioner;

(3) crisis assistance;

(4) mental health behavioral aide services;

(5) direction of a mental health behavioral aide;

(6) mental health service plan development; and

(7) children's day treatment.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2014, section 256B.0943, subdivision 3, is amended to read:


Subd. 3.

Determination of client eligibility.

A client's eligibility to receive
children's therapeutic services and supports under this section shall be determined based
on a diagnostic assessment by a mental health professional or a mental health practitioner
who meets the requirements deleted text beginasdeleted text endnew text begin ofnew text end a clinical trainee as defined in Minnesota Rules, part
9505.0371, subpart 5, item C, that is performed within one year before the initial start of
service. The diagnostic assessment must meet the requirements for a standard or extended
diagnostic assessment as defined in Minnesota Rules, part 9505.0372, subpart 1, items
B and C, and:

(1) include current diagnoses deleted text beginon all five axes of the client's current mental health
status
deleted text endnew text begin, including any differential diagnosis, in accordance with all criteria for a complete
diagnosis and diagnostic profile as specified in the current edition of the Diagnostic and
Statistical Manual of the American Psychiatric Association, or, for children under age
five, as specified in the current edition of the Diagnostic Classification of Mental Health
Disorders of Infancy and Early Childhood
new text end;

(2) determine whether a child under age 18 has a diagnosis of emotional disturbance
or, if the person is between the ages of 18 and 21, whether the person has a mental illness;

(3) document children's therapeutic services and supports as medically necessary to
address an identified disability, functional impairment, and the individual client's needs
and goals;

(4) be used in the development of the individualized treatment plan; and

(5) be completed annually until age 18. deleted text beginA client with autism spectrum disorder or
pervasive developmental disorder may receive a diagnostic assessment once every three
years, at the request of the parent or guardian, if a mental health professional agrees
there has been little change in the condition and that an annual assessment is not needed.
deleted text endFor individuals between age 18 and 21, unless a client's mental health condition has
changed markedly since the client's most recent diagnostic assessment, annual updating is
necessary. For the purpose of this section, "updating" means an adult diagnostic update as
defined in Minnesota Rules, part 9505.0371, subpart 2, item 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. 7.

Minnesota Statutes 2014, section 256B.0943, subdivision 4, is amended to read:


Subd. 4.

Provider entity certification.

(a) deleted text beginEffective July 1, 2003,deleted text end The
commissioner shall establish an initial provider entity application and certification process
and recertification process to determine whether a provider entity has an administrative
and clinical infrastructure that meets the requirements in subdivisions 5 and 6. new text beginA provider
entity must be certified for the three core rehabilitation services of psychotherapy, skills
training, and crisis assistance.
new text endThe commissioner shall recertify a provider entity at least
every three years. The commissioner shall establish a process for decertification of a
provider entity new text beginand shall require corrective action, medical assistance repayment, or
decertification of a provider entity
new text endthat no longer meets the requirements in this sectionnew text begin or
that fails to meet the clinical quality standards or administrative standards provided by the
commissioner in the application and certification process
new text end.

(b) For purposes of this section, a provider entity must be:

(1) an Indian health services facility or a facility owned and operated by a tribe or
tribal organization operating as a 638 facility under Public Law 93-638 certified by the state;

(2) a county-operated entity certified by the state; or

(3) a noncounty entity certified by the state.

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.

Minnesota Statutes 2014, section 256B.0943, subdivision 5, is amended to read:


Subd. 5.

Provider entity administrative infrastructure requirements.

(a) To be
an eligible provider entity under this section, a provider entity must have an administrative
infrastructure that establishes authority and accountability for decision making and
oversight of functions, including finance, personnel, system management, clinical practice,
and deleted text beginperformancedeleted text endnew text begin individual treatment outcomesnew text end measurement.new text begin An eligible provider entity
shall demonstrate the availability, by means of employment or contract, of at least one
backup mental health professional in the event of the primary mental health professional's
absence.
new text end The provider must have written policies and procedures that it reviews and
updates every three years and distributes to staff initially and upon each subsequent update.

(b) The administrative infrastructure written policies and procedures must include:

(1) personnel procedures, including a process for: (i) recruiting, hiring, training, and
retention of culturally and linguistically competent providers; (ii) conducting a criminal
background check on all direct service providers and volunteers; (iii) investigating,
reporting, and acting on violations of ethical conduct standards; (iv) investigating,
reporting, and acting on violations of data privacy policies that are compliant with
federal and state laws; (v) utilizing volunteers, including screening applicants, training
and supervising volunteers, and providing liability coverage for volunteers; and (vi)
documenting that each mental health professional, mental health practitioner, or mental
health behavioral aide meets the applicable provider qualification criteria, training criteria
under subdivision 8, and clinical supervision or direction of a mental health behavioral
aide requirements under subdivision 6;

(2) fiscal procedures, including internal fiscal control practices and a process for
collecting revenue that is compliant with federal and state laws;

(3) deleted text begina performance measurement system, including monitoring to determine cultural
appropriateness of services identified in the individual treatment plan, as determined
by the client's culture, beliefs, values, and language, and family-driven services
deleted text endnew text begin a
client-specific treatment outcomes measurement system, including baseline measures, to
measure a client's progress toward achieving mental health rehabilitation goals. Effective
July 1, 2017, to be eligible for medical assistance payment, a provider entity must report
individual client outcomes to the commissioner, using instruments and protocols approved
by the commissioner
new text end; and

(4) a process to establish and maintain individual client records. The client's records
must include:

(i) the client's personal information;

(ii) forms applicable to data privacy;

(iii) the client's diagnostic assessment, updates, results of tests, individual treatment
plan, and individual behavior plan, if necessary;

(iv) documentation of service delivery as specified under subdivision 6;

(v) telephone contacts;

(vi) discharge plan; and

(vii) if applicable, insurance information.

(c) A provider entity that uses a restrictive procedure with a client must meet the
requirements of section 245.8261.

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 2014, section 256B.0943, subdivision 6, is amended to read:


Subd. 6.

Provider entity clinical infrastructure requirements.

(a) To be
an eligible provider entity under this section, a provider entity must have a clinical
infrastructure that utilizes diagnostic assessment, individualized treatment plans,
service delivery, and individual treatment plan review that are culturally competent,
child-centered, and family-driven to achieve maximum benefit for the client. The provider
entity must review, and update as necessary, the clinical policies and procedures every
three years deleted text beginanddeleted text endnew text begin,new text end must distribute the policies and procedures to staff initially and upon each
subsequent updatenew text begin, and must train staff accordinglynew text end.

(b) The clinical infrastructure written policies and procedures must include policies
and procedures for:

(1) providing or obtaining a client's diagnostic assessmentnew text begin, including a diagnostic
assessment performed by an outside or independent clinician,
new text end that identifies acute and
chronic clinical disorders, co-occurring medical conditions, and sources of psychological
and environmental problems, includingnew text begin baselines, andnew text end a functional assessment. The
functional assessment component must clearly summarize the client's individual strengths
and needsnew text begin. When required components of the diagnostic assessment, such as baseline
measures, are not provided in an outside or independent assessment or when baseline
measures cannot be attained in a one-session standard diagnostic assessment, the provider
entity must determine the missing information within 30 days and amend the child's
diagnostic assessment or incorporate the baselines into the child's individual treatment plan
new text end;

(2) developing an individual treatment plan that:

(i) is based on the information in the client's diagnostic assessmentnew text begin and baselinesnew text end;

(ii) identified goals and objectives of treatment, treatment strategy, schedule for
accomplishing treatment goals and objectives, and the individuals responsible for
providing treatment services and supports;

(iii) is developed after completion of the client's diagnostic assessment by a mental
health professionalnew text begin or clinical traineenew text end and before the provision of children's therapeutic
services and supports;

(iv) is developed through a child-centered, family-driven, culturally appropriate
planning processnew text begin, including allowing parents and guardians to observe or participate in
individual and family treatment services, assessment, and treatment planning
new text end;

(v) is reviewed at least once every 90 days and reviseddeleted text begin, if necessarydeleted text endnew text begin to document
treatment progress on each treatment objective and next goals or, if progress is not
documented, to document changes in treatment
new text end; and

(vi) is signed by the clinical supervisor and by the client or by the client's parent
or other person authorized by statute to consent to mental health services for the clientnew text begin.
A client's parent may approve the client's individual treatment plan by secure electronic
signature or by documented oral approval that is later verified by written signature
new text end;

(3) developing an individual behavior plan that documents treatment strategies to be
provided by the mental health behavioral aide. The individual behavior plan must include:

(i) detailed instructions on the treatment strategies to be provided;

(ii) time allocated to each treatment strategy;

(iii) methods of documenting the child's behavior;

(iv) methods of monitoring the child's progress in reaching objectives; and

(v) goals to increase or decrease targeted behavior as identified in the individual
treatment plan;

(4) providing clinical supervision deleted text beginof thedeleted text endnew text begin plans fornew text end mental health deleted text beginpractitioner
deleted text endnew text beginpractitionersnew text end and mental health behavioral deleted text beginaidedeleted text endnew text begin aidesnew text end. A mental health professional must
document the clinical supervision the professional provides by cosigning individual
treatment plans and making entries in the client's record on supervisory activities. new text beginThe
clinical supervisor also shall document supervisee-specific supervision in the supervisee's
personnel file.
new text endClinical supervision does not include the authority to make or terminate
court-ordered placements of the child. A clinical supervisor must be available for
urgent consultation as required by the individual client's needs or the situation. Clinical
supervision may occur individually or in a small group to discuss treatment and review
progress toward goals. The focus of clinical supervision must be the client's treatment
needs and progress and the mental health practitioner's or behavioral aide's ability to
provide services;

(4a) meeting day treatment deleted text beginand therapeutic preschool programsdeleted text endnew text begin programnew text end conditions
in items (i) to (iii):

(i) the new text beginclinical new text endsupervisor must be present and available on the premises more than
50 percent of the time in a deleted text beginfive-working-day perioddeleted text endnew text begin provider's standard working week
new text endduring which the supervisee is providing a mental health service;

(ii) the diagnosis and the client's individual treatment plan or a change in the
diagnosis or individual treatment plan must be made by or reviewed, approved, and signed
by the new text beginclinical new text endsupervisor; and

(iii) every 30 days, the new text beginclinical new text endsupervisor must review and sign the record indicating
the supervisor has reviewed the client's care for all activities in the preceding 30-day period;

(4b) meeting the clinical supervision standards in items (i) to (iv) for all other
services provided under CTSS:

(i) medical assistance shall reimburse for services provided by a mental health
practitioner who deleted text beginmaintains a consulting relationship withdeleted text endnew text begin is delivering services that fall
within the scope of the practitioner's practice and who is supervised by
new text end a mental health
professional who accepts full professional responsibility;

(ii) medical assistance shall reimburse for services provided by a mental health
behavioral aide who deleted text beginmaintains a consulting relationship withdeleted text endnew text begin is delivering services that fall
within the scope of the aide's practice and who is supervised by
new text end a mental health professional
who accepts full professional responsibility and has an approved plan for clinical
supervision of the behavioral aide. Plans deleted text beginwilldeleted text endnew text begin mustnew text end be developed in accordance with
supervision standards defined in Minnesota Rules, part 9505.0371, subpart 4, items A to D;

(iii) the mental health professional is required to be present deleted text beginon sitedeleted text endnew text begin at the site
of service delivery
new text end for observation as clinically appropriate when the mental health
practitioner or mental health behavioral aide is providing CTSS services; and

(iv) when conducted, the on-site presence of the mental health professional must be
documented in the child's record and signed by the mental health professional who accepts
full professional responsibility;

(5) providing direction to a mental health behavioral aide. For entities that employ
mental health behavioral aides, the clinical supervisor must be employed by the provider
entity or other deleted text begincertified children's therapeutic supports and servicesdeleted text end provider deleted text beginentitydeleted text endnew text begin certified
to provide mental health behavioral aide services
new text end to ensure necessary and appropriate
oversight for the client's treatment and continuity of care. The mental health professional or
mental health practitioner giving direction must begin with the goals on the individualized
treatment plan, and instruct the mental health behavioral aide on how to deleted text beginconstruct
deleted text endnew text beginimplementnew text end therapeutic activities and interventions that will lead to goal attainment. The
professional or practitioner giving direction must also instruct the mental health behavioral
aide about the client's diagnosis, functional status, and other characteristics that are likely
to affect service delivery. Direction must also include determining that the mental health
behavioral aide has the skills to interact with the client and the client's family in ways that
convey personal and cultural respect and that the aide actively solicits information relevant
to treatment from the family. The aide must be able to clearly explain new text beginor demonstrate new text endthe
activities the aide is doing with the client and the activities' relationship to treatment goals.
Direction is more didactic than is supervision and requires the professional or practitioner
providing it to continuously evaluate the mental health behavioral aide's ability to carry
out the activities of the individualized treatment plan and the individualized behavior plan.
When providing direction, the professional or practitioner must:

(i) review progress notes prepared by the mental health behavioral aide for accuracy
and consistency with diagnostic assessment, treatment plan, and behavior goals and the
professional or practitioner must approve and sign the progress notes;

(ii) identify changes in treatment strategies, revise the individual behavior plan,
and communicate treatment instructions and methodologies as appropriate to ensure
that treatment is implemented correctly;

(iii) demonstrate family-friendly behaviors that support healthy collaboration among
the child, the child's family, and providers as treatment is planned and implemented;

(iv) ensure that the mental health behavioral aide is able to effectively communicate
with the child, the child's family, and the provider; and

(v) record the results of any evaluation and corrective actions taken to modify the
work of the mental health behavioral aide;

(6) providing service delivery that implements the individual treatment plan and
meets the requirements under subdivision 9; and

(7) individual treatment plan review. The review must determine the extent to
which the services have met new text begineach of new text endthe goals and objectives in the deleted text beginpreviousdeleted text end treatment
plan. The review must assess the client's progress and ensure that services and treatment
goals continue to be necessary and appropriate to the client and the client's family or
foster family. Revision of the individual treatment plan does not require a new diagnostic
assessment unless the client's mental health status has changed markedly. The updated
treatment plan must be signed by the clinical supervisor and by the client, if appropriate,
and by the client's parent or other person authorized by statute to give consent to the
mental health services for the child.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2014, section 256B.0943, subdivision 7, is amended to read:


Subd. 7.

Qualifications of individual and team providers.

(a) An individual
or team provider working within the scope of the provider's practice or qualifications
may provide service components of children's therapeutic services and supports that are
identified as medically necessary in a client's individual treatment plan.

(b) An individual provider must be qualified as:

(1) a mental health professional as defined in subdivision 1, paragraph deleted text begin(n)deleted text endnew text begin (o)new text end; or

(2) a mental health practitioner or clinical trainee. The mental health practitioner or
clinical trainee must work under the clinical supervision of a mental health professional; or

(3) a mental health behavioral aide working under the clinical supervision of
a mental health professional to implement the rehabilitative mental health services
previously introduced by a mental health professional or practitioner and identified in the
client's individual treatment plan and individual behavior plan.

(A) A level I mental health behavioral aide must:

(i) be at least 18 years old;

(ii) have a high school diploma or general equivalency diploma (GED) or two years
of experience as a primary caregiver to a child with severe emotional disturbance within
the previous ten years; and

(iii) meet preservice and continuing education requirements under subdivision 8.

(B) A level II mental health behavioral aide must:

(i) be at least 18 years old;

(ii) have an associate or bachelor's degree or 4,000 hours of experience in delivering
clinical services in the treatment of mental illness concerning children or adolescents or
complete a certificate program established under subdivision 8a; and

(iii) meet preservice and continuing education requirements in subdivision 8.

(c) A day treatment multidisciplinary team must include at least one mental health
professional or clinical trainee and one mental health practitioner.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2014, section 256B.0943, subdivision 9, is amended to read:


Subd. 9.

Service delivery criteria.

(a) In delivering services under this section, a
certified provider entity must ensure that:

(1) each individual provider's caseload size permits the provider to deliver services
to both clients with severe, complex needs and clients with less intensive needs. The
provider's caseload size should reasonably enable the provider to play an active role in
service planning, monitoring, and delivering services to meet the client's and client's
family's needs, as specified in each client's individual treatment plan;

(2) site-based programs, including day treatment deleted text beginand preschooldeleted text end programs, provide
staffing and facilities to ensure the client's health, safety, and protection of rights, and that
the programs are able to implement each client's individual treatment plan;new text begin and
new text end

(3) a day treatment program is provided to a group of clients by a multidisciplinary
team under the clinical supervision of a mental health professional. The day treatment
program must be provided in and by: (i) an outpatient hospital accredited by the Joint
Commission on Accreditation of Health Organizations and licensed under sections 144.50
to 144.55; (ii) a community mental health center under section 245.62; or (iii) an entity
that is certified under subdivision 4 to operate a program that meets the requirements of
section 245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475. The
day treatment program must stabilize the client's mental health status while developing
and improving the client's independent living and socialization skills. The goal of the day
treatment program must be to reduce or relieve the effects of mental illness and provide
training to enable the client to live in the community. The program must be available
new text beginyear-round new text endat leastnew text begin three to five days per week, two or three hours per day, unless the
normal five-day school week is shortened by a holiday, weather-related cancellation, or
other district-wide reduction in a school week. A child transitioning into or out of day
treatment must receive a minimum treatment of
new text end one day a week for a two-hour time block.
The two-hour time block must include at least one hour of deleted text beginindividualdeleted text endnew text begin patient and/or family
new text endor group psychotherapy. The remainder of the structured treatment program may include
deleted text beginindividualdeleted text endnew text begin patient and/or familynew text end or group psychotherapy, and individual or group skills
training, if included in the client's individual treatment plan. Day treatment programs are
not part of inpatient or residential treatment services. new text beginWhen a day treatment group that
meets the minimum group size requirement temporarily falls below the minimum group
size because of a member's temporary absence, medical assistance covers a group session
conducted for the group members in attendance.
new text endA day treatment program may provide
fewer than the minimally required hours for a particular child during a billing period in
which the child is transitioning into, or out of, the programdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (4) a therapeutic preschool program is a structured treatment program offered
to a child who is at least 33 months old, but who has not yet reached the first day of
kindergarten, by a preschool multidisciplinary team in a day program licensed under
Minnesota Rules, parts 9503.0005 to 9503.0175. The program must be available two
hours per day, five days per week, and 12 months of each calendar year. The structured
treatment program may include individual or group psychotherapy and individual or
group skills training, if included in the client's individual treatment plan. A therapeutic
preschool program may provide fewer than the minimally required hours for a particular
child during a billing period in which the child is transitioning into, or out of, the program.
deleted text end

(b) new text beginTo be eligible for medical assistance payment, new text enda provider entity must deliver the
service components of children's therapeutic services and supports in compliance with the
following requirements:

(1) deleted text beginindividualdeleted text endnew text begin patient and/or familynew text end, family, and group psychotherapy must be
delivered as specified in Minnesota Rules, part 9505.0372, subpart 6new text begin. Psychotherapy to
address the child's underlying mental health disorder must be documented as part of the
child's ongoing treatment. A provider must deliver, or arrange for, medically necessary
psychotherapy, unless the child's parent or caregiver chooses not to receive it. When a
provider delivering other services to a child under this section deems it not medically
necessary to provide psychotherapy to the child for a period of 90 days or longer, the
provider entity must document the medical reasons why psychotherapy is not necessary.
When a provider determines that a child needs psychotherapy but psychotherapy cannot
be delivered due to a shortage of licensed mental health professionals in the child's
community, the provider must document the lack of access in the child's medical record
new text end;

(2) individual, family, or group skills training must be provided by a mental health
professional or a mental health practitioner who deleted text beginhas a consulting relationship withdeleted text endnew text begin is
delivering services that fall within the scope of the provider's practice and is supervised by
new text enda mental health professional who accepts full professional responsibility for the trainingdeleted text begin;deleted text endnew text begin.
Skills training is subject to the following requirements:
new text end

new text begin (i) a mental health professional, clinical trainee, or mental health practitioner shall
provide skills training;
new text end

new text begin (ii) skills training delivered to a child or the child's family must be targeted to the
specific deficits or maladaptations of the child's mental health disorder and must be
prescribed in the child's individual treatment plan;
new text end

new text begin (iii) the mental health professional delivering or supervising the delivery of skills
training must document any underlying psychiatric condition and must document how
skills training is being used in conjunction with psychotherapy to address the underlying
condition;
new text end

new text begin (iv) skills training delivered to the child's family must teach skills needed by parents
to enhance the child's skill development, to help the child utilize daily life skills taught by
a mental health professional, clinical trainee, or mental health practitioner, and to develop
or maintain a home environment that supports the child's progressive use of skills;
new text end

new text begin (v) group skills training may be provided to multiple recipients who, because of the
nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from
interaction in a group setting, which must be staffed as follows:
new text end

new text begin (A) one mental health professional or one clinical trainee or mental health
practitioner under supervision of a licensed mental health professional must work with a
group of three to eight clients; or
new text end

new text begin (B) two mental health professionals, two clinical trainees or mental health
practitioners under supervision of a licensed mental health professional, or one mental
health professional or clinical trainee and one mental health practitioner must work with a
group of nine to 12 clients;
new text end

new text begin (vi) a mental health professional, clinical trainee, or mental health practitioner must
have taught the psychosocial skill before a mental health behavioral aide may practice that
skill with the client; and
new text end

new text begin (vii) for group skills training, when a skills group that meets the minimum group
size requirement temporarily falls below the minimum group size because of a group
member's temporary absence, the provider may conduct the session for the group members
in attendance;
new text end

(3) crisis assistance new text beginto a child and family new text endmust deleted text beginbe time-limited and designeddeleted text endnew text begin include
development of a written plan that anticipates the particular factors specific to the child
that may precipitate a psychiatric crisis for the child in the near future. The written plan
must document actions that the family should be prepared to take
new text end to resolve or stabilize new text begina
new text endcrisis deleted text beginthroughdeleted text endnew text begin, such as advancenew text end arrangements for direct intervention and support services
to the child and the child's family. Crisis assistance must deleted text beginutilizedeleted text endnew text begin include preparing
new text endresources designed to address abrupt or substantial changes in the functioning of the child
or the child's family deleted text beginas evidenced by adeleted text endnew text begin whennew text end sudden change in behavior deleted text beginwith negative
consequences for well being,
deleted text endnew text begin ornew text end a loss of usual coping mechanismsnew text begin is observednew text end, or the
deleted text beginpresentation ofdeleted text endnew text begin child begins to present anew text end danger to self or others;

(4) mental health behavioral aide services must be medically necessary treatment
services, identified in the child's individual treatment plan and individual behavior plan,
which are performed minimally by a paraprofessional qualified according to subdivision
7, paragraph (b), clause (3), and which are designed to improve the functioning of the
child in the progressive use of developmentally appropriate psychosocial skills. Activities
involve working directly with the child, child-peer groupings, or child-family groupings
to practice, repeat, reintroduce, and master the skills defined in subdivision 1, paragraph
deleted text begin(p)deleted text endnew text begin (t)new text end, as previously taught by a mental health professionalnew text begin, clinical trainee,new text end or mental
health practitioner including:

(i) providing cues or prompts in skill-building peer-to-peer or parent-child
interactions so that the child progressively recognizes and responds to the cues
independently;

(ii) performing as a practice partner or role-play partner;

(iii) reinforcing the child's accomplishments;

(iv) generalizing skill-building activities in the child's multiple natural settings;

(v) assigning further practice activities; and

(vi) intervening as necessary to redirect the child's target behavior and to de-escalate
behavior that puts the child or other person at risk of injury.

deleted text begin A mental health behavioral aide must document the delivery of services in written progress
notes.
deleted text endnew text begin To be eligible for medical assistance payment, mental health behavioral aide services
must be delivered to a child who has been diagnosed with an emotional disturbance or a
mental illness, as provided in subdivision 1, paragraph (a).
new text end The mental health behavioral
aide must implement treatment strategies in the individual treatment plan and the individual
behavior plannew text begin as developed by the mental health professional, clinical trainee, or mental
health practitioner providing direction for the mental health behavioral aide
new text end. The mental
health behavioral aide must document the delivery of services in written progress notes.
Progress notes must reflect implementation of the treatment strategies, as performed by
the mental health behavioral aide and the child's responses to the treatment strategies; deleted text beginand
deleted text end

(5) direction of a mental health behavioral aide must include the following:

deleted text begin (i) a clinical supervision plan approved by the responsible mental health professional;
deleted text end

deleted text begin (ii)deleted text endnew text begin (i)new text end ongoing face-to-face observation of the mental health behavioral aide
delivering services to a child by a mental health professional or mental health practitioner
for at least a total of one hour during every 40 hours of service provided to a child; and

deleted text begin (iii)deleted text endnew text begin (ii)new text end immediate accessibility of the mental health professionalnew text begin, clinical trainee,new text end or
mental health practitioner to the mental health behavioral aide during service provisiondeleted text begin.deleted text endnew text begin;
new text end

new text begin (6) mental health service plan development must be performed in consultation
with the child's family and, when appropriate, with other key participants in the child's
life by the child's treating mental health professional or clinical trainee or by a mental
health practitioner and approved by the treating mental health professional. Treatment
plan drafting consists of development, review, and revision by face-to-face or electronic
communication. The provider must document events, including the time spent with
the family and other key participant's in the child's life to review, revise, and sign the
individual treatment plan; and
new text end

new text begin (7) to be eligible for payment, a diagnostic assessment must be complete with regard
to all required components, including multiple assessment appointments required for an
extended diagnostic assessment and the written report. Dates of the multiple assessment
appointments must be noted in the client's clinical record.
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. 12.

Minnesota Statutes 2014, section 256B.0943, subdivision 11, is amended to
read:


Subd. 11.

Documentation and billing.

(a) A provider entity must document the
services it provides under this section. The provider entity must ensure that deleted text beginthe entity's
documentation standards meet the requirements of federal and state laws
deleted text endnew text begin documentation
complies with Minnesota Rules, parts 9505.2175 and 9505.2197
new text end. Services billed under
this section that are not documented according to this subdivision shall be subject to
monetary recovery by the commissioner. deleted text beginThe provider entity may not bill fordeleted text endnew text begin Billing
for covered service components under subdivision 2, paragraph (b), must not include
new text endanything other than direct service time.

(b) An individual mental health provider must promptly document the following
in a client's record after providing services to the client:

(1) each occurrence of the client's mental health service, including the date, type,
deleted text beginlength, anddeleted text endnew text begin start and stop times,new text end scope of the servicenew text begin as described in the child's individual
treatment plan, and outcome of the service compared to baselines and objectives
new text end;

(2) the namenew text begin, dated signature, and credentialsnew text end of the person who deleted text begingavedeleted text endnew text begin delivered
new text endthe service;

(3) contact made with other persons interested in the client, including representatives
of the courts, corrections systems, or schools. The provider must document the name
and date of each contact;

(4) any contact made with the client's other mental health providers, case manager,
family members, primary caregiver, legal representative, or the reason the provider did
not contact the client's family members, primary caregiver, or legal representative, if
applicable; deleted text beginand
deleted text end

(5) required clinical supervisionnew text begin directly related to the identified client's services and
needs
new text end, as appropriatedeleted text begin.deleted text endnew text begin, with co-signatures of the supervisor and supervisee; and
new text end

new text begin (6) the date when services are discontinued and reasons for discontinuation of
services.
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. 13.

Minnesota Statutes 2014, section 256B.0946, subdivision 1, is amended to read:


Subdivision 1.

Required covered service components.

(a) Effective May 23, 2013,
and subject to federal approval, medical assistance covers medically necessary intensive
treatment services described under paragraph (b) that are provided by a provider entity
eligible under subdivision 3 to a client eligible under subdivision 2 who is placed in a foster
home licensed under Minnesota Rules, parts 2960.3000 to 2960.3340new text begin, or placed in a foster
home licensed under the regulations established by a federally recognized Minnesota tribe
new text end.

(b) Intensive treatment services to children with mental illness residing in foster
family settings that comprise specific required service components provided in clauses (1)
to (5) are reimbursed by medical assistance when they meet the following standards:

(1) psychotherapy provided by a mental health professional as defined in Minnesota
Rules, part 9505.0371, subpart 5, item A, or a clinical trainee, as defined in Minnesota
Rules, part 9505.0371, subpart 5, item C;

(2) crisis assistance provided according to standards for children's therapeutic
services and supports in section 256B.0943;

(3) individual, family, and group psychoeducation services, defined in subdivision
1a, paragraph (q), provided by a mental health professional or a clinical trainee;

(4) clinical care consultation, as defined in subdivision 1a, and provided by a mental
health professional or a clinical trainee; and

(5) service delivery payment requirements as provided under subdivision 4.

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

Minnesota Statutes 2014, section 256B.0947, subdivision 7a, is amended to
read:


Subd. 7a.

Noncovered services.

(a) The rate for intensive rehabilitative mental
health services deleted text beginmust excludedeleted text endnew text begin does not includenew text end medical assistance payment for services deleted text beginnot
covered under this section
deleted text endnew text begin in clauses (1) to (7)new text end. Services not covered under this deleted text beginsection
deleted text endnew text beginparagraphnew text end may be billed separatelydeleted text begin.deleted text endnew text begin:
new text end

new text begin (1) inpatient psychiatric hospital treatment;
new text end

new text begin (2) partial hospitalization;
new text end

new text begin (3) children's mental health day treatment services;
new text end

new text begin (4) physician services outside of care provided by a psychiatrist serving as a member
of the treatment team;
new text end

new text begin (5) room and board costs, as defined in section 256I.03, subdivision 6;
new text end

new text begin (6) home and community-based waiver services; and
new text end

new text begin (7) other mental health services identified in the child's individualized education
program.
new text end

(b) The following services are not covered under this section and are not eligible
for medical assistance payment deleted text beginunder the per-client, per-day paymentdeleted text endnew text begin while youth are
receiving intensive rehabilitative mental health services
new text end:

deleted text begin (1) inpatient psychiatric hospital treatment;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end mental health residential treatment;new text begin and
new text end

deleted text begin (3) partial hospitalization;
deleted text end

deleted text begin (4) physician services outside of care provided by a psychiatrist serving as a member
of the treatment team;
deleted text end

deleted text begin (5) room and board costs, as defined in section 256I.03, subdivision 6;
deleted text end

deleted text begin (6) children's mental health day treatment services; and
deleted text end

deleted text begin (7)deleted text endnew text begin (2)new text end mental health behavioral aide services, as defined in section 256B.0943,
subdivision 1, paragraph (m).

new text begin EFFECTIVE DATE. new text end

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

Sec. 15. new text beginREPORT ON THE USE OF CERTIFIED PEER SPECIALISTS.
new text end

new text begin The commissioner of human services shall study and report on the use of certified
peer specialists in the mental health system. The study and report shall include an
assessment of the use of certified peer specialists within existing resources, an evaluation
of the benefits of using certified peer specialists in hospital settings and intensive
residential treatment services (IRTS), an analysis of the existing duties of certified peer
specialists, options for expanding their duties and the benefits of expanding their duties,
methods for obtaining reimbursement for services they provide, an analysis of the cost
of expanding reimbursement, and any necessary proposed legislation. In assessing the
use of certified peer specialists in hospital settings and IRTS, the commissioner shall
make recommendations on how to obtain reimbursement for wraparound services by
these specialists and warm handoffs to community services that facilitate the successful
transition of persons with mental illness to the next level of care. The commissioner shall
include stakeholder input in the study and development of the report. The report and any
necessary proposed legislation shall be submitted to the chairs and ranking minority
members of the committees in the house of representatives and senate with jurisdiction
over health and human services finance by February 1, 2016.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 9535.2000; 9535.2100; 9535.2200; 9535.2300; 9535.2400;
9535.2500; 9535.2600; 9535.2700; 9535.2800; 9535.2900; and 9535.3000,
new text end new text begin are repealed.
new text end

ARTICLE 3

DIRECT CARE AND TREATMENT

Section 1.

Minnesota Statutes 2014, section 253B.212, is amended by adding a
subdivision to read:


new text begin Subd. 1b. new text end

new text begin Cost of care; commitment by tribal court order; any federally
recognized Indian tribe within the state of Minnesota.
new text end

new text begin The commissioner of human
services may contract with and receive payment from the Indian Health Service of the
United States Department of Health and Human Services for the care and treatment of
those members of any federally recognized Indian tribe within the state, who have been
committed by tribal court order to the Indian Health Service for care and treatment of
mental illness, developmental disability, or chemical dependency. The tribe may also
contract directly with the commissioner for treatment of those members of any federally
recognized Indian tribe within the state who have been committed by tribal court order
to the respective tribal Department of Health for care and treatment of mental illness,
developmental disability, or chemical dependency. The contract shall provide that the
Indian Health Service and any federally recognized Indian tribe within the state shall not
transfer any person for admission to a regional center unless the commitment procedure
utilized by the tribal court provided due process protections similar to those afforded
by sections 253B.05 to 253B.10.
new text end

Sec. 2.

Minnesota Statutes 2014, section 253B.212, subdivision 2, is amended to read:


Subd. 2.

Effect given to tribal commitment order.

When, under an agreement
entered into pursuant to subdivisions 1 deleted text beginordeleted text endnew text begin,new text end 1a,new text begin or 1b,new text end the Indian Health Servicenew text begin or the
placing tribe
new text end applies to a regional center for admission of a person committed to the
jurisdiction of the health service by the tribal court as a person who is mentally ill,
developmentally disabled, or chemically dependent, the commissioner may treat the
patient with the consent of the Indian Health Servicenew text begin or the placing tribenew text end.

A person admitted to a regional center pursuant to this section has all the rights
accorded by section 253B.03. In addition, treatment reports, prepared in accordance with
the requirements of section 253B.12, subdivision 1, shall be filed with the Indian Health
Servicenew text begin or the placing tribenew text end within 60 days of commencement of the patient's stay at the
facility. A subsequent treatment report shall be filed with the Indian Health Servicenew text begin or
the placing tribe
new text end within six months of the patient's admission to the facility or prior to
discharge, whichever comes first. Provisional discharge or transfer of the patient may be
authorized by the head of the treatment facility only with the consent of the Indian Health
Servicenew text begin or the placing tribenew text end. Discharge from the facility to the Indian Health Servicenew text begin or the
placing tribe
new text end may be authorized by the head of the treatment facility after notice to and
consultation with the Indian Health Servicenew text begin or the placing tribenew text end.

ARTICLE 4

OPERATIONS

Section 1.

Minnesota Statutes 2014, section 119B.125, subdivision 1, is amended to
read:


Subdivision 1.

Authorization.

Except as provided in subdivision 5, a county new text beginor the
commissioner
new text endmust authorize the provider chosen by an applicant or a participant before
the county can authorize payment for care provided by that provider. The commissioner
must establish the requirements necessary for authorization of providers. A provider
must be reauthorized every two years. A legal, nonlicensed family child care provider
also must be reauthorized when another person over the age of 13 joins the household, a
current household member turns 13, or there is reason to believe that a household member
has a factor that prevents authorization. The provider is required to report all family
changes that would require reauthorization. When a provider has been authorized for
payment for providing care for families in more than one county, the county responsible
for reauthorization of that provider is the county of the family with a current authorization
for that provider and who has used the provider for the longest length of time.

Sec. 2.

Minnesota Statutes 2014, section 119B.125, subdivision 6, is amended to read:


Subd. 6.

Record-keeping requirement.

All providers receiving child care
assistance payments must keep daily attendance records new text beginat the site where services are
delivered
new text endfor children receiving child care assistance and must make those records available
immediately to the county new text beginor the commissioner new text endupon request. The attendance records must
be completed daily and include the date, the first and last name of each child in attendance,
and the times when each child is dropped off and picked up. To the extent possible, the
times that the child was dropped off to and picked up from the child care provider must be
entered by the person dropping off or picking up the child. The daily attendance records
must be retained new text beginat the site where services are delivered new text endfor six years after the date of
service. A county new text beginor the commissioner new text endmay deny authorization as a child care provider to
any applicant deleted text beginordeleted text endnew text begin,new text end rescind authorization of any providernew text begin, or establish an overpayment claim
in the system against a current or former provider,
new text end when the county new text beginor the commissioner
new text endknows or has reason to believe that the provider has not complied with the record-keeping
requirement in this subdivision.new text begin A provider's failure to produce attendance records as
requested on more than one occasion constitutes grounds for disqualification as a provider.
new text end

Sec. 3.

Minnesota Statutes 2014, section 119B.125, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Overpayment claim for failure to comply with access to records
requirement.
new text end

new text begin (a) In establishing an overpayment claim under subdivision 6 for failure
to provide access to attendance records, the county or commissioner is limited to the six
years prior to the date the county or the commissioner requested the attendance records.
new text end

new text begin (b) When the commissioner or county establishes an overpayment claim against a
current or former provider, the commissioner or county must provide notice of the claim to
the provider. A notice of overpayment claim must specify the reason for the overpayment,
the authority for making the overpayment claim, the time period in which the overpayment
occurred, the amount of the overpayment, and the provider's right to appeal.
new text end

new text begin (c) The commissioner or county may seek to recover overpayments paid to a current
or former provider. When a provider has been convicted of fraud under section 256.98,
theft under section 609.52, or a federal crime relating to theft of state funds or fraudulent
billing for a program administered by the commissioner or a county, recovery may be
sought regardless of the amount of overpayment.
new text end

Sec. 4.

Minnesota Statutes 2014, section 119B.125, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Reporting required for child's part-time attendance. new text end

new text begin A provider must
report to the county and report on the billing form as required when a child's attendance in
child care falls to less than half of the child's authorized hours or days for a four-week
period. If requested by the county or the commissioner, the provider must provide
additional information to the county or commissioner on the attendance of specific children.
new text end

Sec. 5.

new text begin [245.095] LIMITS ON RECEIVING PUBLIC FUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin If a provider, vendor, or individual enrolled, licensed, or
receiving funds under a grant contract in any program administered by the commissioner
is excluded from any program administered by the commissioner, including under the
commissioner's powers and authorities in section 256.01, the commissioner shall prohibit
the excluded provider, vendor, or individual from enrolling or becoming licensed in any
other program administered by the commissioner. The duration of this prohibition must
last for the longest applicable sanction or disqualifying period in effect for the provider,
vendor, or individual permitted by state or federal law.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following definitions
have the meanings given them.
new text end

new text begin (b) new text end new text begin "Excluded" means disenrolled, subject to license revocation or suspension,
disqualified, or subject to vendor debarment under Minnesota Rules, part 1230.1150.
new text end

new text begin (c) "Individual" means a natural person providing products or services as a provider
or vendor.
new text end

new text begin (d) "Provider" means an owner, controlling individual, license holder, director, or
managerial official.
new text end

Sec. 6.

Minnesota Statutes 2014, section 245A.02, subdivision 13, is amended to read:


Subd. 13.

Individual who is related.

"Individual who is related" means a spouse,
a parent, a deleted text beginnaturaldeleted text endnew text begin birthnew text end or adopted child or stepchild, a stepparent, a stepbrother, a
stepsister, a niece, a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an
uncle, or a legal guardian.

Sec. 7.

Minnesota Statutes 2014, section 245A.02, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin Weekly. new text end

new text begin "Weekly" means at least once every calendar week, for the
purposes of chemical dependency treatment programs licensed under Minnesota Rules,
parts 9530.6405 to 9530.6505.
new text end

Sec. 8.

Minnesota Statutes 2014, section 245A.02, is amended by adding a subdivision
to read:


new text begin Subd. 21. new text end

new text begin Monthly. new text end

new text begin "Monthly" means at least once every calendar month, for the
purposes of chemical dependency treatment programs licensed under Minnesota Rules,
parts 9430.6405 to 9530.6505.
new text end

Sec. 9.

Minnesota Statutes 2014, section 245A.02, is amended by adding a subdivision
to read:


new text begin Subd. 22. new text end

new text begin Quarterly. new text end

new text begin "Quarterly" means at least every 90 calendar days, for the
purposes of chemical dependency treatment programs licensed under Minnesota Rules,
parts 9530.6405 to 9530.6505.
new text end

Sec. 10.

Minnesota Statutes 2014, section 245A.04, subdivision 15a, is amended to read:


Subd. 15a.

Plan for transfer of clients and records upon closure.

(a) Except for
new text beginlicense holders who reside on the premises and new text endchild care providers, an applicant for
initial or continuing licensure new text beginor certification new text endmust submit a written plan indicating how
the deleted text beginagencydeleted text endnew text begin program new text end will deleted text beginprovide fordeleted text endnew text begin ensurenew text end the transfer of clients and records for both
open and closed cases if the deleted text beginagencydeleted text endnew text begin programnew text end closes. The plan must provide for managing
private and confidential information concerning deleted text beginagencydeleted text endnew text begin programnew text end clients. The plan must
also provide for notifying affected clients of the closure at least 25 days prior to closure,
including information on how to access their deleted text beginmedicaldeleted text end records. A controlling individual of
the deleted text beginagencydeleted text endnew text begin programnew text end must annually review and sign the plan.

(b) Plans for the transfer of open cases and case records must specify arrangements
the deleted text beginagencydeleted text endnew text begin programnew text end will make to transfer clients to another deleted text beginagencydeleted text endnew text begin providernew text end or county
agency for continuation of services and to transfer the case record with the client.

(c) Plans for the transfer of closed case records must be accompanied by a signed
agreement or other documentation indicating that a county or a similarly licensed deleted text beginagency
deleted text endnew text beginprovidernew text end has agreed to accept and maintain the deleted text beginagency'sdeleted text endnew text begin program'snew text end closed case records and
to provide follow-up services as necessary to affected clients.

Sec. 11.

Minnesota Statutes 2014, section 245A.07, subdivision 2, is amended to read:


Subd. 2.

Temporary immediate suspension.

new text begin(a) The commissioner shall act
immediately to temporarily suspend a license
new text endifnew text begin:
new text end

new text begin (1)new text end the license holder's actions or failure to comply with applicable law or rule, or
the actions of other individuals or conditions in the programnew text begin,new text end pose an imminent risk of
harm to the health, safety, or rights of persons served by the programdeleted text begin,deleted text endnew text begin;new text end or

new text begin (2)new text end deleted text beginifdeleted text end while the program continues to operate pending an appeal of an order of
revocationnew text begin,new text end the commissioner identifies one or more subsequent violations of law or rule
which may adversely affect the health or safety of persons served by the programdeleted text begin, the
commissioner shall act immediately to temporarily suspend the license
deleted text end.

new text begin (b) new text endNo state funds shall be made available or be expended by any agency or
department of state, county, or municipal government for use by a license holder regulated
under this chapter while a license is under immediate suspension. A notice stating the
reasons for the immediate suspension and informing the license holder of the right to an
expedited hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612,
must be delivered by personal service to the address shown on the application or the last
known address of the license holder. The license holder may appeal an order immediately
suspending a license. The appeal of an order immediately suspending 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 five calendar days after the license holder
receives notice that the license has been immediately suspended. If a request is made by
personal service, it must be received by the commissioner within five calendar days after
the license holder received the order. A license holder and any controlling individual
shall discontinue operation of the program upon receipt of the commissioner's order to
immediately suspend the license.

Sec. 12.

Minnesota Statutes 2014, 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. new text beginFor suspensions under subdivision 2, paragraph
(a), clause (1),
new text endthe 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 deleted text beginifdeleted text end 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.new text begin 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 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.
new text end

(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 a final order affirming an immediate suspension,
the commissioner shall make a determination regarding whether a final licensing sanction
shall be issued under subdivision 3. The license holder shall continue to be prohibited
from operation of the program during this 90-day period.

(c) When the final order under paragraph (b) affirms an immediate suspension, 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.

Sec. 13.

Minnesota Statutes 2014, section 245A.11, subdivision 4, is amended to read:


Subd. 4.

Location of residential programs.

In determining whether to grant
a license, the commissioner shall specifically consider the population, size, land use
plan, availability of community services, and the number and size of existing licensed
residential programs in the town, municipality, or county in which the applicant seeks
to operate a residential program. The commissioner shall not grant an initial license
to any residential program if the residential program will be within 1,320 feet of an
existing residential program unless one of the following conditions apply: (1) the existing
residential program is located in a hospital licensed by the commissioner of health; (2) the
town, municipality, or county zoning authority grants the residential program a conditional
use or special use permit; (3) the program serves six or fewer persons and is not located
in a city of the first class; or (4) the program is foster carenew text begin, or a community residential
setting as defined under section 245D.02, subdivision 4a
new text end.

Sec. 14.

Minnesota Statutes 2014, section 245A.12, is amended to read:


245A.12 VOLUNTARY RECEIVERSHIP FOR RESIDENTIAL new text beginOR
NONRESIDENTIAL
new text endPROGRAMS.

Subdivision 1.

Definitions.

For purposes of this section and section 245A.13, the
following terms have the meanings given them.

(a) "Controlling individual" has the meaning in section 245A.02, subdivision 5a.
When used in this section and section 245A.13, it means only those individuals controlling
the residential new text beginor nonresidential new text endprogram prior to the commencement of the receivership
period.

(b) "Physical plant" means the building or buildings in which a residential new text beginor
nonresidential
new text endprogram is located; all equipment affixed to the building and not easily
subject to transfer as specified in the building and fixed equipment tables of the
depreciation guidelines; and auxiliary buildings in the nature of sheds, garages, and storage
buildings located on the same site if used for purposes related to resident new text beginor client new text endcare.

(c) "Related party" means a person who is a close relative of a provider or a provider
group; an affiliate of a provider or a provider group; a close relative of an affiliate of a
provider or provider group; or an affiliate of a close relative of an affiliate of a provider
or provider group. For the purposes of this paragraph, the following terms have the
meanings given them.

(1) "Affiliate" means a person that directly, or indirectly through one or more
intermediaries, controls, or is controlled by, or is under common control with another
person.

(2) "Person" means an individual, a corporation, a partnership, an association, a
trust, an unincorporated organization, or a government or political subdivision.

(3) "Close relative of an affiliate of a provider or provider group" means an
individual whose relationship by blood, marriage, or adoption to an individual who is an
affiliate to a provider or a provider group is no more remote than first cousin.

(4) "Control" includes the terms "controlling," "controlled by," and "under common
control with" and means the possession, direct or indirect, of the power to direct or cause
the direction of the management, operations, or policies of a person, whether through the
ownership of voting securities, by contract, or otherwise.

(5) "Provider or provider group" means the license holder or controlling individual
prior to the effective date of the receivership.

Subd. 2.

Receivership agreement.

A majority of controlling individuals of a
residential new text beginor nonresidential new text endprogram new text beginlicensed or certified by the commissioner new text endmay at
any time ask the commissioner to assume operation of the deleted text beginresidentialdeleted text end program through
appointment of a receiver. On receiving the request for a receiver, the commissioner may
enter into an agreement with a majority of controlling individuals and become the receiver
and operate the residential new text beginor nonresidential new text endprogram under conditions acceptable to both
the commissioner and the majority of controlling individuals. The agreement must specify
the terms and conditions of the receivership and preserve the rights of the persons being
served by the deleted text beginresidentialdeleted text end program. A receivership set up under this section terminates at
the time specified by the parties to the agreement.

Subd. 3.

Management agreement.

When the commissioner agrees to become the
receiver of a residential new text beginor nonresidential new text endprogram, the commissioner may enter into a
management agreement with another entity or group to act as the managing agent during
the receivership period. The managing agent will be responsible for the day-to-day
operations of the deleted text beginresidentialdeleted text end program subject at all times to the review and approval of the
commissioner. A reasonable fee may be paid to the managing agent for the performance
of these services.

Subd. 4.

Rate adjustment.

The provisions of section 245A.13, subdivisions 7 and
8, shall also apply to voluntary receiverships.

Subd. 5.

Controlling individuals; restrictions on licensure.

No controlling
individual of a residential new text beginor nonresidential new text endprogram placed into receivership under this
section shall apply for or receive a license new text beginor certification from the commissioner new text endto
operate a residential new text beginor nonresidential new text endprogram for five years from the commencement of
the receivership period. This subdivision does not apply to residential programs that are
owned or operated by controlling individuals, that were in existence prior to the date of
the receivership agreement, and that have not been placed into receivership.

Subd. 6.

Liability.

The controlling individuals of a residentialnew text begin or nonresidential
new text endprogram placed into receivership remain liable for any claims made against the deleted text beginresidential
deleted text endprogram that arose from incidents or events that occurred prior to the commencement
of the receivership period. Neither the commissioner nor the managing agent of the
commissioner assumes this liability.

Subd. 7.

Liability for financial obligations.

Neither the commissioner nor the
managing agent of the commissioner shall be liable for payment of any financial obligations
of the residential new text beginor nonresidential new text endprogram or of its controlling individuals incurred prior
to the commencement of the receivership period unless such liability is expressly assumed
in the receivership agreement. Those financial obligations remain the liability of the
deleted text beginresidentialdeleted text end program and its controlling individuals. Financial obligations of the deleted text beginresidential
deleted text endprogram incurred after the commencement of the receivership period are the responsibility
of the commissioner or the managing agent of the commissioner to the extent such
obligations are expressly assumed by each in the receivership or management agreements.
The controlling individuals of the residential new text beginor nonresidential new text endprogram remain liable for
any financial obligations incurred after the commencement of the receivership period to
the extent these obligations are not reimbursed in the rate paid to the deleted text beginresidentialdeleted text end program
and are reasonable and necessary to the operation of the deleted text beginresidentialdeleted text end program. These
financial obligations, or any other financial obligations incurred by the deleted text beginresidentialdeleted text end program
prior to the commencement of the receivership period which are necessary to the continued
operation of the deleted text beginresidentialdeleted text end program, may be deducted from any rental payments owed to
the controlling individuals of the deleted text beginresidentialdeleted text end program as part of the receivership agreement.

Subd. 8.

Physical plant of the residential new text beginor nonresidential new text endprogram.

Occupation
of the physical plant after commencement of the receivership period shall be controlled
by paragraphs (a) and (b).

(a) If the physical plant of a residential new text beginor nonresidential new text endprogram placed in
receivership is owned by a controlling individual or related party, the physical plant may
be used by the commissioner or the managing agent for purposes of the receivership as
long as the receivership period continues. A fair monthly rental for the physical plant shall
be paid by the commissioner or managing agent to the owner of the physical plant. This
fair monthly rental shall be determined by considering all relevant factors necessary to
meet required arm's-length obligations of controlling individuals such as the mortgage
payments owed on the physical plant, the real estate taxes, and special assessments. This
rental shall not include any allowance for profit or be based on any formula that includes
an allowance for profit.

(b) If the owner of the physical plant of a residential new text beginor nonresidential new text endprogram
placed in receivership is not a related party, the controlling individual shall continue as the
lessee of the property. However, during the receivership period, rental payments shall be
made to the owner of the physical plant by the commissioner or the managing agent on
behalf of the controlling individual. Neither the commissioner nor the managing agent
assumes the obligations of the lease unless expressly stated in the receivership agreement.
Should the lease expire during the receivership, the commissioner or the managing agent
may negotiate a new lease for the term of the receivership period.

Subd. 9.

Receivership accounting.

The commissioner may use the medical
assistance account and funds for receivership cash flow and accounting purposes.

Subd. 10.

Receivership costs.

The commissioner may use the accounts and funds
that would have been available for the room and board, services, and program costs of
persons in the deleted text beginresidentialdeleted text end program for costs, cash flow, and accounting purposes related
to the receivership.

Sec. 15.

Minnesota Statutes 2014, section 245A.13, is amended to read:


245A.13 INVOLUNTARY RECEIVERSHIP FOR RESIDENTIAL new text beginOR
NONRESIDENTIAL
new text endPROGRAMS.

Subdivision 1.

Application.

In addition to any other remedy provided by law, the
commissioner may petition the district court in Ramsey County for an order directing the
controlling individuals of deleted text beginthedeleted text endnew text begin anew text end residential new text beginor nonresidential new text endprogram new text beginlicensed or certified
by the commissioner
new text endto show cause why the commissioner should not be appointed
receiver to operate the deleted text beginresidentialdeleted text end program. The petition to the district court must contain
proof by affidavit: (1) that the commissioner has either begun deleted text beginlicense suspension or
revocation proceedings,
deleted text endnew text begin proceedings to suspend or revoke a license or certification, has
new text endsuspended or revoked a licensenew text begin or certificationnew text end, or has decided to deny an application for
licensure new text beginor certification new text endof the deleted text beginresidentialdeleted text end program; or (2) it appears to the commissioner
that the health, safety, or rights of the residents new text beginor persons receiving care from the program
new text endmay be in jeopardy because of the manner in which the deleted text beginresidentialdeleted text end program may close,
the deleted text beginresidentialdeleted text end program's financial condition, or violations committed by the deleted text beginresidential
deleted text endprogram of federal or state laws or rules. If the license holder, applicant, or controlling
individual operates more than one deleted text beginresidentialdeleted text end program, the commissioner's petition must
specify and be limited to the deleted text beginresidentialdeleted text end program for which it seeks receivership. The
affidavit submitted by the commissioner must set forth alternatives to receivership that
have been considered, including rate adjustments. The order to show cause is returnable
not less than five days after service is completed and must provide for personal service of
a copy to the deleted text beginresidentialdeleted text end program administrator and to the persons designated as agents by
the controlling individuals to accept service on their behalf.

Subd. 2.

Appointment of receiver.

If the court finds that involuntary receivership is
necessary as a means of protecting the health, safety, or rights of persons being served by
the deleted text beginresidentialdeleted text end program, the court shall appoint the commissioner as receiver to operate the
deleted text beginresidentialdeleted text end program. The commissioner as receiver may contract with another entity or
group to act as the managing agent during the receivership period. The managing agent
will be responsible for the day-to-day operations of the deleted text beginresidentialdeleted text end program subject at all
times to the review and approval of the commissioner.

Subd. 3.

Powers and duties of the receiver.

Within 36 months after the receivership
order, the receiver shall provide for the orderly transfer of the persons served by the
deleted text beginresidentialdeleted text end program to other deleted text beginresidentialdeleted text end programs or make other provisions to protect their
health, safety, and rights. The receiver or the managing agent shall correct or eliminate
deficiencies in the deleted text beginresidentialdeleted text end program that the commissioner determines endanger the
health, safety, or welfare of the persons being served by the deleted text beginresidentialdeleted text end program unless the
correction or elimination of deficiencies new text beginat a residential program new text endinvolves major alteration
in the structure of the physical plant. If the correction or elimination of the deficiencies
new text beginat a residential program new text endrequires major alterations in the structure of the physical plant,
the receiver shall take actions designed to result in the immediate transfer of persons
served by the residential program. During the period of the receivership, the receiver
and the managing agent shall operate the residential new text beginor nonresidential new text endprogram in a
manner designed to preserve the health, safety, rights, adequate care, and supervision of
the persons served by the deleted text beginresidentialdeleted text end program. The receiver or the managing agent may
make contracts and incur lawful expenses. The receiver or the managing agent shall
collect incoming payments from all sources and apply them to the cost incurred in the
performance of the functions of the receivership including the fee set under subdivision 4.
No security interest in any real or personal property comprising the deleted text beginresidentialdeleted text end program or
contained within it, or in any fixture of the physical plant, shall be impaired or diminished
in priority by the receiver or the managing agent.

Subd. 3a.

Liability.

The provisions contained in section 245A.12, subdivision 6,
shall also apply to receiverships ordered according to this section.

Subd. 3b.

Liability for financial obligations.

The provisions contained in section
245A.12, subdivision 7, also apply to receiverships ordered according to this section.

Subd. 3c.

Physical plant of the deleted text beginresidentialdeleted text end program.

Occupation of the physical
plant under an involuntary receivership shall be governed by paragraphs (a) and (b).

(a) The physical plant owned by a controlling individual of the deleted text beginresidentialdeleted text end program
or related party must be made available for the use of the deleted text beginresidentialdeleted text end program throughout
the receivership period. The court shall determine a fair monthly rental for the physical
plant, taking into account all relevant factors necessary to meet required arm's-length
obligations of controlling individuals such as mortgage payments, real estate taxes,
and special assessments. The rental fee must be paid by the receiver to the appropriate
controlling individuals or related parties for each month that the receivership remains in
effect. No payment made to a controlling individual or related party by the receiver or the
managing agent or any state agency during a period of the receivership shall include any
allowance for profit or be based on any formula that includes an allowance for profit.

(b) If the owner of the physical plant of a deleted text beginresidentialdeleted text end program is not a related party,
the court shall order the controlling individual to continue as the lessee of the property
during the receivership period. Rental payments during the receivership period shall be
made to the owner of the physical plant by the commissioner or the managing agent on
behalf of the controlling individual.

Subd. 4.

Fee.

A receiver appointed under an involuntary receivership or the
managing agent is entitled to a reasonable fee as determined by the court.

Subd. 5.

Termination.

An involuntary receivership terminates 36 months after the
date on which it was ordered or at any other time designated by the court or when any
of the following events occurs:

(1) the commissioner determines that the deleted text beginresidentialdeleted text end program's license new text beginor certification
new text endapplication should be granted or should not be suspended or revoked;

(2) a new license new text beginor certification new text endis granted to the deleted text beginresidentialdeleted text end program;

(3) the commissioner determines that all persons residing in deleted text beginthedeleted text endnew text begin anew text end residential
program have been provided with alternative residential programsnew text begin or that all persons
receiving services in a nonresidential program have been referred to other programs
new text end; or

(4) the deleted text beginresidential program closesdeleted text endnew text begin court determines that the receivership is no longer
necessary because the conditions which gave rise to the receivership no longer exist
new text end.

Subd. 6.

Emergency procedure.

If it appears from the petition filed under
subdivision 1, from an affidavit or affidavits filed with the petition, or from testimony of
witnesses under oath if the court determines it necessary, that there is probable cause to
believe that an emergency exists in a residentialnew text begin or nonresidentialnew text end program, the court shall
issue a temporary order for appointment of a receiver within five days after receipt of the
petition. Notice of the petition must be served on the deleted text beginresidentialdeleted text end program administrator
and on the persons designated as agents by the controlling individuals to accept service on
their behalf. A hearing on the petition must be held within five days after notice is served
unless the administrator or deleted text begindesignateddeleted text endnew text begin authorizednew text end agent consents to a later date. After the
hearing, the court may continue, modify, or terminate the temporary order.

Subd. 7.

Rate recommendation.

The commissioner of human services may review
rates of a residential new text beginor nonresidential new text endprogram participating in the medical assistance
program which is in receivership and that has needs or deficiencies documented by the
Department of Health or the Department of Human Services. If the commissioner of
human services determines that a review of the rate established under sections 256B.5012
and 256B.5013 is needed, the commissioner shall:

(1) review the order or determination that cites the deficiencies or needs; and

(2) determine the need for additional staff, additional annual hours by type of
employee, and additional consultants, services, supplies, equipment, repairs, or capital
assets necessary to satisfy the needs or deficiencies.

Subd. 8.

Adjustment to the rate.

Upon review of rates under subdivision 7, the
commissioner may adjust the deleted text beginresidentialdeleted text end program's payment rate. The commissioner shall
review the circumstances, together with the deleted text beginresidentialdeleted text end program's most recent income and
expense report, to determine whether or not the deficiencies or needs can be corrected
or met by reallocating deleted text beginresidentialdeleted text end program staff, costs, revenues, or any other resources
including investments. If the commissioner determines that any deficiency cannot be
corrected or the need cannot be met with the payment rate currently being paid, the
commissioner shall determine the payment rate adjustment by dividing the additional
annual costs established during the commissioner's review by the deleted text beginresidentialdeleted text end program's
actual deleted text beginresidentdeleted text endnew text begin clientnew text end days from the most recent income and expense report or the estimated
deleted text beginresidentdeleted text endnew text begin clientnew text end days in the projected receivership period. The payment rate adjustment
remains in effect during the period of the receivership or until another date set by the
commissioner. Upon the subsequent sale, closure, or transfer of the deleted text beginresidentialdeleted text end program,
the commissioner may recover amounts that were paid as payment rate adjustments under
this subdivision. This recovery shall be determined through a review of actual costs and
deleted text beginresidentdeleted text endnew text begin clientnew text end days in the receivership period. The costs the commissioner finds to be
allowable shall be divided by the actual deleted text beginresidentdeleted text endnew text begin clientnew text end days for the receivership period.
This rate shall be compared to the rate paid throughout the receivership period, with
the difference multiplied by deleted text beginresidentdeleted text endnew text begin clientnew text end days, being the amount to be repaid to the
commissioner. Allowable costs shall be determined by the commissioner as those ordinary,
necessary, and related to deleted text beginresidentdeleted text endnew text begin clientnew text end care by prudent and cost-conscious management.
The buyer or transferee shall repay this amount to the commissioner within 60 days after
the commissioner notifies the buyer or transferee of the obligation to repay. This provision
does not limit the liability of the seller to the commissioner pursuant to section 256B.0641.

Subd. 9.

Receivership accounting.

The commissioner may use the medical
assistance account and funds for receivership cash flow and accounting purposes.

Subd. 10.

Receivership costs.

The commissioner may use the accounts and funds
that would have been available for the room and board, services, and program costs of
persons in the deleted text beginresidentialdeleted text end program for costs, cash flow, and accounting purposes related
to the receivership.

Subd. 11.

Controlling individuals; restrictions on licensure.

No controlling
individual of a deleted text beginresidentialdeleted text end program placed into receivership under this section may apply
for or receive a license new text beginor certification new text endto operate a residential new text beginor nonresidential new text endprogram
for five years from the commencement of the receivership period. This subdivision does
not apply to deleted text beginresidentialdeleted text end programs that are owned or operated by controlling individuals
that were in existence before the date of the receivership agreement, and that have not
been placed into receivership.

Sec. 16.

Minnesota Statutes 2014, section 245A.14, subdivision 14, is amended to read:


Subd. 14.

Attendance records for publicly funded services.

(a) A child care
center licensed under this chapter and according to Minnesota Rules, chapter 9503, must
maintain documentation of actual attendance for each child receiving care for which the
license holder is reimbursed by a governmental program. The records must be accessible
to the commissioner during the program's hours of operation, they must be completed on
the actual day of attendance, and they must include:

(1) the first and last name of the child;

(2) the time of day that the child was dropped off; and

(3) the time of day that the child was picked up.

(b) A family child care provider licensed under this chapter and according to
Minnesota Rules, chapter 9502, must maintain documentation of actual attendance for
each child receiving care for which the license holder is reimbursed new text beginfor the care of that
child
new text endby a governmental program. The records must be accessible to the commissioner
during the program's hours of operation, they must be completed on the actual day of
attendance, and they must include:

(1) the first and last name of the child;

(2) the time of day that the child was dropped off; and

(3) the time of day that the child was picked up.

(c) An adult day services program licensed under this chapter and according to
Minnesota Rules, parts 9555.5105 to 9555.6265, must maintain documentation of actual
attendance for each adult day service recipient for which the license holder is reimbursed
by a governmental program. The records must be accessible to the commissioner during
the program's hours of operation, they must be completed on the actual day of attendance,
and they must include:

(1) the first, middle, and last name of the recipient;

(2) the time of day that the recipient was dropped off; and

(3) the time of day that the recipient was picked up.

(d) The commissioner shall not issue a correction for attendance record errors that
occur before August 1, 2013.

Sec. 17.

new text begin [245A.1443] CHEMICAL DEPENDENCY PROGRAMS THAT SERVE
PARENTS WITH THEIR CHILDREN.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to chemical dependency treatment
facilities that are licensed under this chapter and Minnesota Rules, chapter 9530, and that
provide services in accordance with Minnesota Rules, part 9530.6490.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for providing education. new text end

new text begin (a) On or before the date of a
child's initial physical presence at the facility, the license holder must provide education
to the child's parent related to safe bathing and reducing the risk of sudden unexpected
infant death and abusive head trauma from shaking infants and young children. At a
minimum, the education must address:
new text end

new text begin (1) instruction that a child or infant should never be left unattended around water, a
tub should be filled with only two to four inches of water for infants, and an infant should
never be put into a tub when the water is running; and
new text end

new text begin (2) the risk factors related to sudden unexpected infant death and abusive head trauma
from shaking infants and young children, and means of reducing the risks, including the
safety precautions identified in section 245A.1435 and the dangers of co-sleeping.
new text end

new text begin (b) The license holder must document the parent's receipt of the education and keep
the documentation in the parent's file. The documentation must indicate whether the
parent agrees to comply with the safeguards. If the parent refuses to comply, program staff
must provide additional education to the parent at appropriate intervals, at least weekly
for the duration of the parent's participation in the program or until the parent agrees
to comply with the safeguards.
new text end

new text begin Subd. 3. new text end

new text begin Parental supervision of children. new text end

new text begin (a) On or before the date of a child's
initial physical presence at the facility, the license holder must complete and document an
assessment of the parent's capacity to meet the health and safety needs of the child while
on the facility premises, including identifying circumstances when the parent may be
unable to adequately care for their child due to:
new text end

new text begin (1) the parent's physical or mental health;
new text end

new text begin (2) the parent being under the influence of drugs, alcohol, medications, or other
chemicals;
new text end

new text begin (3) the parent being unable to provide appropriate supervision for the child; or
new text end

new text begin (4) any other information available to the license holder that indicate the parent may
not be able to adequately care for the child.
new text end

new text begin (b) The license holder must have written procedures specifying the actions to be
taken by staff if a parent is or becomes unable to adequately care for the parent's child.
new text end

new text begin Subd. 4. new text end

new text begin Alternative supervision arrangements. new text end

new text begin The license holder must
have written procedures addressing whether the program permits a parent to arrange
for supervision of the parent's child by another client in the program. If permitted, the
facility must have a procedure that requires staff approval of the supervision arrangement
before the supervision by the nonparental client occurs. The procedure for approval must
include an assessment of the nonparental client's capacity to assume the supervisory
responsibilities using the criteria in subdivision 3. The license holder must document
the license holder's approval of the supervisory arrangement and the assessment of the
nonparental client's capacity to supervise the child, and must keep this documentation in
the file of the parent of the child being supervised.
new text end

Sec. 18.

Minnesota Statutes 2014, section 245A.148, is amended to read:


245A.148 FAMILY CHILD CARE DIAPERING AREA DISINFECTION.

Notwithstanding Minnesota Rules, part 9502.0435, a family child care provider may
disinfect the diaper changing surface with chlorine bleach in a manner consistent with label
directions for disinfection or with a surface disinfectant that meets the following criteria:

(1) the manufacturer's label or instructions state that the product is registered with
the United States Environmental Protection Agency;

(2) the manufacturer's label or instructions state that the disinfectant is effective
against Staphylococcus aureus, Salmonella deleted text begincholeraesuisdeleted text endnew text begin entericanew text end, and Pseudomonas
aeruginosa;

(3) the manufacturer's label or instructions state that the disinfectant is effective with
a ten minute or less contact time;

(4) the disinfectant is clearly labeled by the manufacturer with directions for mixing
and use;

(5) the disinfectant is used only in accordance with the manufacturer's directions; and

(6) the product does not include triclosan or derivatives of triclosan.

Sec. 19.

Minnesota Statutes 2014, 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.06deleted text begin,deleted text endnew text begin;new text end 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 except that 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; and

(7) variances deleted text beginfor community residential setting licenses under chapter 245Ddeleted text endnew text begin to
requirements relating to chemical use problems of a license holder or a household member
of a license holder
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) 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.

(c) For family day care programs, the commissioner may authorize licensing reviews
every two years after a licensee has had at least one annual review.

(d) 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.

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

(f) 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.

(g) 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.

Sec. 20.

Minnesota Statutes 2014, section 245A.175, is amended to read:


245A.175 MENTAL HEALTH TRAINING REQUIREMENT.

Prior to a nonemergency placement of a child in a foster care home, the child
foster care deleted text beginprovider, licensed after July 1, 2007,deleted text endnew text begin license holder and caregivers in foster
family and treatment foster care settings, and all staff providing care in foster residence
settings
new text end 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 deleted text begin12-hour
deleted text endtraining requirement for new text beginthe new text endfoster deleted text beginparentsdeleted text endnew text begin family license holder and caregivers, and foster
residence staff
new text end must be on children's mental health issues and treatment. new text beginShort-term
substitute caregivers are exempt from these requirements.
new text endTraining curriculum shall be
approved by the commissioner of human services.

Sec. 21.

Minnesota Statutes 2014, section 245A.1915, is amended to read:


245A.1915 OPIOID ADDICTION TREATMENT EDUCATION
REQUIREMENT FOR PROVIDERS LICENSED TO PROVIDE CHEMICAL
DEPENDENCY TREATMENT SERVICES.

All programs new text begin serving persons with substance use issues new text endlicensed by the commissioner
must provide educational information concerningnew text begin: new text end treatment options for opioid addiction,
including the use of a medication for the use of opioid addictionnew text begin; and recognition of
and response to opioid overdose and the use and administration of naloxone
new text end, to clients
identified as having or seeking treatment for opioid addiction. The commissioner shall
develop educational materials that are supported by research and updated periodically that
must be used by programs to comply with this requirement.

Sec. 22.

Minnesota Statutes 2014, section 245A.192, subdivision 3, is amended to read:


Subd. 3.

Medication orders.

Prior to the program administering or dispensing a
medication used for the treatment of opioid addiction:

(1) a client-specific order must be received from an appropriately credentialed
physiciannew text begin who is enrolled as a Minnesota health care programs provider and meets all
applicable provider standards
new text end;

(2) the signed order must be documented in the client's record; and

(3) deleted text beginif the order is not directly issued by the physician, such as a verbal order, the
deleted text enddeleted text beginphysician that issued the order must review the documentation and sign the order in the
deleted text enddeleted text beginclient's record within 72 hours of the medication being administered or dispensed. The
deleted text enddeleted text beginphysician must document whether the medication was administered or dispensed as
deleted text enddeleted text beginordered. The license holder must report to the commissioner any medication error that
deleted text enddeleted text beginendangers a patient's health, as determined by the medical director.deleted text end new text beginif the physician that
issued the order is not able to sign the order when issued, the unsigned order must be
entered in the client record at the time it was received, and the physician must review the
documentation and sign the order in the client's record within 72 hours of the medication
being ordered. The license holder must report to the commissioner any medication error
that endangers a patient's health, as determined by the medical director.
new text end

Sec. 23.

Minnesota Statutes 2014, section 245A.192, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin High dose requirements. new text end

new text begin A client being administered or dispensed a
dose beyond that set forth in subdivision 5, paragraph (a), clause (1), that exceeds 150
milligrams of methadone or 24 milligrams of buprenorphine daily, and for each subsequent
increase, must meet face-to-face with a prescribing physician. The meeting must occur
before the administering or dispensing of the increased dose.
new text end

Sec. 24.

Minnesota Statutes 2014, section 245A.192, subdivision 5, is amended to read:


Subd. 5.

Criteria for unsupervised use.

(a) To limit the potential for diversion
of medication used for the treatment of opioid addiction to the illicit market, any such
medications dispensed to patients for unsupervised use shall be subject to the following
requirements:

(1) any patient in an opioid treatment program may receive a single take-home dose
for a day that the clinic is closed for business, including Sundays and state and federal
holidays; and

(2) treatment program decisions on dispensing medications used to treat opioid
addiction to patients for unsupervised use beyond that set forth in clause (1) shall be
determined by the medical director.

(b) deleted text beginThe medical directordeleted text endnew text begin A physician with authority to prescribe new text end must consider the
criteria in this subdivision in determining whether a client may be permitted unsupervised
or take-home use of such medications. The criteria must also be considered when
determining whether dispensing medication for a client's unsupervised use is appropriate to
increase or to extend the amount of time between visits to the program. The criteria include:

(1) absence of recent abuse of drugs including but not limited to opioids,
nonnarcotics, and alcohol;

(2) regularity of program attendance;

(3) absence of serious behavioral problems at the program;

(4) absence of known recent criminal activity such as drug dealing;

(5) stability of the client's home environment and social relationships;

(6) length of time in comprehensive maintenance treatment;

(7) reasonable assurance that take-home medication will be safely stored within the
client's home; and

(8) whether the rehabilitative benefit the client derived from decreasing the frequency
of program attendance outweighs the potential risks of diversion or unsupervised use.

(c) The determination, including the basis of the determination, must be consistent
with the criteria in this subdivision and must be documented in the client's medical record.

Sec. 25.

Minnesota Statutes 2014, section 245A.192, subdivision 10, is amended to
read:


Subd. 10.

Nonmedication treatment services; documentation.

(a) The program
must offer at least 50 consecutive minutes of individual or group therapy treatment services
as defined in Minnesota Rules, part 9530.6430, subpart 1, item A, subitem (1), per week,
for the first ten weeks following admission, and at least 50 consecutive minutes per month
thereafter. As clinically appropriate, the program may offer these services cumulatively
and not consecutively in increments of no less than 15 minutes over the required time
period, and for a total of 60 minutes of treatment services over the time period, and must
document the reason for providing services cumulatively in the client's record. The
program may offer additional levels of service when deemed clinically necessary.

(b) new text begin Notwithstanding the requirements of comprehensive assessments in Minnesota
Rules, part 9530.6422, the assessment must be completed within 21 days of service
initiation.
new text end

new text begin (c) new text endNotwithstanding the requirements of individual treatment plans set forth in
Minnesota Rules, part 9530.6425:

(1) treatment plan contents for maintenance clients are not required to include goals
the client must reach to complete treatment and have services terminated;

(2) treatment plans for clients in a taper or detox status must include goals the client
must reach to complete treatment and have services terminated;

(3) for the initial ten weeks after admission for all new admissions, readmissions, and
transfers, progress notes must be entered in a client's file at least weekly and be recorded
in each of the six dimensions upon the development of the treatment plan and thereafter.
Subsequently, the counselor must document progress no less than one time monthly,
recorded in the six dimensions or when clinical need warrants more frequent notations; and

(4) upon the development of the treatment plan and thereafter, treatment plan
reviews must occur weekly, or after each treatment service, whichever is less frequent,
for the first ten weeks deleted text beginof treatment for all new admissions, readmissions, and transfers
deleted text endnew text beginafter the treatment plan is developednew text end. Following the first ten weeks of deleted text begintreatment,deleted text end treatment
plan reviewsnew text begin, reviews new text end may occur monthly, unless the client has needs that warrant more
frequent revisions or documentation.

Sec. 26.

Minnesota Statutes 2014, section 245A.192, subdivision 11, is amended to read:


Subd. 11.

Prescription monitoring program.

(a) deleted text beginUpon admission to a methadone
clinic outpatient treatment program, clients shall be notified that the Department of Human
Services and the medical director will monitor the prescription monitoring program to
review the prescribed controlled drugs the clients have received. The medical director or
the medical director's delegate must review data from the Minnesota Board of Pharmacy
prescription monitoring program (PMP) established under section 152.126 prior to the
client being ordered any controlled substance as defined under section 152.126, subdivision
1, paragraph (b), including medications used for the treatment of opioid addiction. The
subsequent reviews of the PMP data must occur quarterly and be documented in the
client's individual file. When the PMP data shows a recent history of multiple prescribers
or multiple prescriptions for controlled substances, then subsequent reviews of the PMP
data must occur monthly and be documented in the client's individual file. If, at any time,
the medical director believes the use of the controlled substances places the client at risk
of harm, the program must seek the client's consent to discuss the client's opioid treatment
with other prescribers and must seek consent for the other prescriber to disclose to the
opioid treatment program's medical director the client's condition that formed the basis of
the other prescriptions. Additionally, any findings from the PMP data that are relevant to
the medical director's course of treatment for the client must be documented in the client's
individual file. A review of the PMP is not required for every medication dose adjustment.
deleted text endnew text beginThe program must develop and maintain a policy and procedure that requires the ongoing
monitoring of the data from the prescription monitoring program for each client. The policy
and procedure must include how the program will meet the requirements in paragraph (b).
new text end

(b) new text begin If a medication used for the treatment of opioid addiction is administered or
dispensed to a client, the license holder shall be subject to the following requirements:
new text end

new text begin (1) upon admission to a methadone clinic outpatient treatment program, clients must
be notified in writing that the commissioner of human services and the medical director
will monitor the prescription monitoring program to review the prescribed controlled
drugs the clients have received;
new text end

new text begin (2) the medical director or the medical director's delegate must review the data from
the Minnesota Board of Pharmacy prescription monitoring program (PMP) established
under section 152.126 prior to the client being ordered any controlled substance, as
defined under section 152.126, subdivision 1, paragraph (c), including medications used
for the treatment of opioid addiction, and subsequent reviews of the PMP data must occur
at least every 90 days;
new text end

new text begin (3) a copy of the PMP data reviewed must be maintained in the client file;
new text end

new text begin (4) when the PMP data contains a recent history of multiple prescribers or multiple
prescriptions for controlled substances, the physician's review of the data and subsequent
actions must be documented in the client's individual file within 72 hours and must contain
the medical director's determination of whether or not the prescriptions place the client at
risk of harm and the actions to be taken in response to the PMP findings. In addition, the
provider must conduct subsequent reviews of the PMP on a monthly basis; and
new text end

new text begin (5) if at any time the medical director believes the use of the controlled substances
places the client at risk of harm, the program must seek the client's consent to discuss
the client's opioid treatment with other prescribers and must seek consent for the other
prescriber to disclose to the opioid treatment program's medical director the client's
condition that formed the basis of the other prescriptions. If the information is not
obtained within seven days, the medical director must document whether or not changes
to the client's medication dose or number of take-home doses are necessary until the
information is obtained.
new text end

new text begin (c) new text endThe commissioner shall collaborate with the Minnesota Board of Pharmacy
to develop and implement an electronic system through which the commissioner shall
routinely access the data from the Minnesota Board of Pharmacy prescription monitoring
program established under section 152.126 for the purpose of determining whether
any client enrolled in an opioid addiction treatment program licensed according to this
section has also been prescribed or dispensed a controlled substance in addition to
that administered or dispensed by the opioid addiction treatment program. When the
commissioner determines there have been multiple prescribers or multiple prescriptions of
controlled substances, the commissioner shall:

(1) inform the medical director of the opioid treatment program only that the
commissioner determined the existence of multiple prescribers or multiple prescriptions of
controlled substances; and

(2) direct the medical director of the opioid treatment program to access the data
directly, review the effect of the multiple prescribers or multiple prescriptions, and
document the review.

deleted text begin (c)deleted text end new text begin(d) new text endIf determined necessary, the commissioner shall seek a federal waiver of, or
exception to, any applicable provision of Code of Federal Regulations, title 42, section
2.34(c), prior to implementing this subdivision.

Sec. 27.

Minnesota Statutes 2014, section 245A.192, is amended by adding a
subdivision to read:


new text begin Subd. 15. new text end

new text begin A program's duty to report suspected drug diversion. new text end

new text begin (a) To the
fullest extent permitted under Code of Federal Regulations, title 42, sections 2.1 to 2.67,
a program shall report to law enforcement any credible evidence that the program or its
personnel knows, or reasonably should know, that is directly related to a diversion crime
on the premises of the program, or a threat to commit a diversion crime.
new text end

new text begin (b) "Diversion crime," for the purposes of this section, means diverting, attempting
to divert, or conspiring to divert schedule I, II, III, or IV drugs, as defined in section
152.02, on the program's premises.
new text end

new text begin (c) The program must document its compliance with the requirement in paragraph
(a) in either a client's record or an incident report.
new text end

new text begin (d) Failure to comply with the duty in paragraph (a) may result in sanctions as
provided in sections 245A.06 and 245A.07.
new text end

Sec. 28.

Minnesota Statutes 2014, section 245A.192, is amended by adding a
subdivision to read:


new text begin Subd. 16. new text end

new text begin Variance. new text end

new text begin The commissioner may grant a variance to the requirements
of this section.
new text end

Sec. 29.

Minnesota Statutes 2014, section 245A.40, subdivision 3, is amended to read:


Subd. 3.

First aid.

new text begin(a) new text endAll teachers and assistant teachers in a child care center
governed by Minnesota Rules, parts 9503.0005 to 9503.0170, and at least one staff person
during field trips and when transporting children in care, must satisfactorily complete first
aid training within 90 days of the start of work, unless the training has been completed
within the previous three years.

new text begin (b) Notwithstanding paragraph (a), which allows 90 days to complete training, at
least one staff person who has satisfactorily completed first aid training must be present at
all times in the center, during field trips, and when transporting children in care.
new text end

new text begin (c)new text end The first aid training must be repeated at least every three years, documented in
the person's personnel record and indicated on the center's staffing chart, and provided by
an individual approved as a first aid instructor. This training may be less than eight hours.

Sec. 30.

Minnesota Statutes 2014, section 245A.40, subdivision 4, is amended to read:


Subd. 4.

Cardiopulmonary resuscitation.

(a) All teachers and assistant teachers
in a child care center governed by Minnesota Rules, parts 9503.0005 to 9503.0170, and
at least one staff person during field trips and when transporting children in care, must
satisfactorily complete training in cardiopulmonary resuscitation (CPR)new text begin that includes CPR
techniques for infants and children
new text end and in the treatment of obstructed airways deleted text beginthat includes
CPR techniques for infants and children
deleted text end. The CPR training must be completed within 90
days of the start of work, unless the training has been completed within the previous
three years. The CPR training must have been provided by an individual approved to
provide CPR instruction, must be repeated at least once every three years, and must be
documented in the staff person's records.

new text begin (b) Notwithstanding paragraph (a), which allows 90 days to complete training, at
least one staff person who has satisfactorily completed cardiopulmonary resuscitation
training must be present at all times in the center, during field trips, and when transporting
children in care.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end CPR training may be provided for less than four hours.

deleted text begin (c)deleted text endnew text begin (d)new text end Persons providing CPR training must use CPR training that has been
developed:

(1) by the American Heart Association or the American Red Cross and incorporates
psychomotor skills to support the instruction; or

(2) using nationally recognized, evidence-based guidelines for CPR and incorporates
psychomotor skills to support the instruction.

Sec. 31.

Minnesota Statutes 2014, section 245A.40, subdivision 5, is amended to read:


Subd. 5.

Sudden unexpected infant death and abusive head trauma training.

(a)
License holders must document that before staff persons and volunteers care for infants,
they are instructed on the standards in section 245A.1435 and receive training on reducing
the risk of sudden unexpected infant death. In addition, license holders must document
that before staff persons care for infants or children under school age, they receive training
on the risk of abusive head trauma from shaking infants and young children. The training
in this subdivision may be provided as orientation training under subdivision 1 and
in-service training under subdivision 7.

(b) Sudden unexpected infant death reduction training required under this
subdivision must be at least one-half hour in length and must be completed at least once
every year. At a minimum, the training must address the risk factors related to sudden
unexpected infant death, means of reducing the risk of sudden unexpected infant death in
child care, and license holder communication with parents regarding reducing the risk of
sudden unexpected infant death.

(c) Abusive head trauma training under this subdivision must be at least one-half
hour in length and must be completed at least once every year. At a minimum, the training
must address the risk factors related to shaking infants and young children, means to
reduce the risk of abusive head trauma in child care, and license holder communication
with parents regarding reducing the risk of abusive head trauma.

(d) The commissioner shall make available for viewing a video presentation on
the dangers associated with shaking infants and young childrennew text begin, which may be used in
conjunction with the annual training required under paragraph (c)
new text end. deleted text beginThe video presentation
must be part of the orientation and annual in-service training of licensed child care center
staff persons caring for children under school age. The commissioner shall provide to
child care providers and interested individuals, at cost, copies of a video approved by the
commissioner of health under section 144.574 on the dangers associated with shaking
infants and young children.
deleted text end

Sec. 32.

Minnesota Statutes 2014, section 245A.50, subdivision 1, is amended to read:


Subdivision 1.

Initial training.

(a) License holders, caregivers, and substitutes must
comply with the training requirements in this section.

(b) Helpers who assist with care on a regular basis must complete six hours of
training within one year after the date of initial employment.

new text begin (c) Training requirements established under this section that must be completed prior
to initial licensure must be satisfied only by a newly licensed child care provider or by
a child care provider who has not held an active child care license in Minnesota in the
previous 12 months. A child care provider who relocates within the state or who voluntarily
cancels a license or allows the license to lapse for a period of less than 12 months and
who seeks reinstatement of the lapsed or canceled license within 12 months of the lapse or
cancellation must satisfy the annual, ongoing training requirements, and is not required to
satisfy the training requirements that must be completed prior to initial licensure.
new text end

Sec. 33.

Minnesota Statutes 2014, section 245C.02, subdivision 2, is amended to read:


Subd. 2.

Access to persons served by a program.

"Access to persons served by a
program" means physical access to persons receiving services deleted text beginordeleted text endnew text begin, access to new text end the persons'
personal propertynew text begin, or access to the persons' personal, financial, or health information,
new text endwithout continuous, direct supervision, as defined in subdivision 8.

Sec. 34.

Minnesota Statutes 2014, section 245C.04, subdivision 4, is amended to read:


Subd. 4.

Supplemental nursing services agencies.

(a) The commissioner shall
conduct a background study of an individual required to be studied under section 245C.03,
subdivision 3
, at least upon application for registration under section 144A.71, subdivision
1
.

(b) Each supplemental nursing services agency must initiate background studies
using the electronic system known as NETStudy before an individual begins a position
allowing direct contact with persons served by the agency and annually thereafter.

new text begin (c) A supplemental nursing services agency that initiates background studies through
NETStudy 2.0 is exempt from the requirement to initiate annual background studies under
paragraph (b) for individuals who are on the agency's active roster.
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. 35.

Minnesota Statutes 2014, section 245C.04, subdivision 5, is amended to read:


Subd. 5.

Personnel agencies; educational programs; professional services
agencies.

new text begin(a) new text endAgencies, programs, and individuals who initiate background studies under
section 245C.03, subdivision 4, must initiate the studies annually using the electronic
system known as NETStudy.

new text begin (b) Agencies, programs, and individuals who initiate background studies through
NETStudy 2.0 are exempt from the requirement to initiate annual background studies
under paragraph (a) for individuals who are on the agency's or program's active roster.
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. 36.

Minnesota Statutes 2014, section 245C.04, subdivision 6, is amended to read:


Subd. 6.

Unlicensed home and community-based waiver providers of service to
seniors and individuals with disabilities.

(a) Providers required to initiate background
studies under section 256B.4912 must initiate a study using the electronic system known
as NETStudy before the individual begins in a position allowing direct contact with
persons served by the provider.

(b) Except as provided in deleted text beginparagraphdeleted text endnew text begin paragraphsnew text end (c)new text begin and (d)new text end, the providers must
initiate a background study annually of an individual required to be studied under section
245C.03, subdivision 6.

(c) After an initial background study under this subdivision is initiated on an
individual by a provider of both services licensed by the commissioner and the unlicensed
services under this subdivision, a repeat annual background study is not required if:

(1) the provider maintains compliance with the requirements of section 245C.07,
paragraph (a), regarding one individual with one address and telephone number as the
person to receive sensitive background study information for the multiple programs that
depend on the same background study, and that the individual who is designated to receive
the sensitive background information is capable of determining, upon the request of the
commissioner, whether a background study subject is providing direct contact services
in one or more of the provider's programs or services and, if so, at which location or
locations; and

(2) the individual who is the subject of the background study provides direct
contact services under the provider's licensed program for at least 40 hours per year so
the individual will be recognized by a probation officer or corrections agent to prompt
a report to the commissioner regarding criminal convictions as required under section
245C.05, subdivision 7.

new text begin (d) A provider who initiates background studies through NETStudy 2.0 is exempt
from the requirement to initiate annual background studies under paragraph (b) for
individuals who are on the provider's active roster.
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. 37.

Minnesota Statutes 2014, 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) deleted text beginMinnesotadeleted text end driver's license number or state identification number; 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 shall provide fingerprints and a photograph as
required in subdivision 5.

new text begin EFFECTIVE DATE. new text end

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

Sec. 38.

Minnesota Statutes 2014, 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 registered under chapter 144D, 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 agencies,
educational programs, professional services agencies, 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.new text begin For a background study to be transferable:
new text end

new text begin (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
new text end

new text begin (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.
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. 39.

Minnesota Statutes 2014, section 245C.10, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Expenses. new text end

new text begin Section 181.645 does not apply to background studies
completed under this chapter.
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. 40.

Minnesota Statutes 2014, section 245C.20, subdivision 2, is amended to read:


Subd. 2.

Background studies initiated by othersnew text begin; personnel pool agencies,
temporary personnel agencies, supplemental nursing services agencies, or
professional services agencies
new text end.

When a license holder relies on a background study
initiated by a personnel pool agency, a temporary personnel agency, deleted text beginan educational
program,
deleted text end new text begina supplemental nursing services agency,new text end or a professional services agency for a
person required to have a background study completed under section 245C.03, the license
holder must maintain a copy of the background study results in the license holder's files.

Sec. 41.

Minnesota Statutes 2014, section 245C.20, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Background studies initiated by others; educational programs. new text end

new text begin When
a license holder relies on a background study initiated by an educational program for a
person required to have a background study completed under section 245C.03 and the
person is on the educational program's active roster, the license holder is responsible
for ensuring that the background study has been completed. The license holder may
satisfy the documentation requirements through a written agreement with the educational
program verifying that documentation of the background study may be provided upon
request and that the educational program will inform the license holder if there is a change
in the person's background study status. The license holder remains responsible for
ensuring that all background study requirements are met.
new text end

Sec. 42.

Minnesota Statutes 2014, section 245E.01, subdivision 8, is amended to read:


Subd. 8.

Financial misconduct or misconduct.

"Financial misconduct" or
"misconduct" means an entity's or individual's acts or omissions that result in fraud and
abuse or error against the Department of Human Services.new text begin Financial misconduct includes
acting as a recruiter offering conditional employment on behalf of a provider that has
received funds from the child care assistance program.
new text end

Sec. 43.

Minnesota Statutes 2014, section 245E.01, is amended by adding a subdivision
to read:


new text begin Subd. 13a. new text end

new text begin Recruiter offering conditional employment. new text end

new text begin "Recruiter offering
conditional employment" means a child care provider, center owner, director, manager,
license holder, or other controlling individual or agent who, for pecuniary gain, directly
procures or solicits an applicant or a prospective employee and requires as a condition of
employment that the applicant or prospective employee has one or more children who are
eligible for or receive child care assistance.
new text end

Sec. 44.

Minnesota Statutes 2014, section 245E.02, subdivision 1, is amended to read:


Subdivision 1.

Investigating provider or recipient financial misconduct.

The
department shall investigate alleged or suspected financial misconduct by providers and
errors related to payments issued by the child care assistance program under this chapter.
Recipients, employees, and staff may be investigated when the evidence shows that their
conduct is related to the financial misconduct of a provider, license holder, or controlling
individual.new text begin When the alleged or suspected financial misconduct relates to acting as a
recruiter offering conditional employment on behalf of a provider that has received funds
from the child care assistance program, the department may investigate the provider,
center owner, director, manager, license holder, or other controlling individual or agent,
who is alleged to have acted as a recruiter offering conditional employment.
new text end

Sec. 45.

Minnesota Statutes 2014, section 245E.02, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Prohibited hiring practice. new text end

new text begin It is prohibited to hire a child care center
employee when, as a condition of employment, the employee is required to have one or
more children who are eligible for or receive child care assistance, if:
new text end

new text begin (1) the individual hiring the employee is, or is acting at the direction of or in
cooperation with, a child care center provider, center owner, director, manager, license
holder, or other controlling individual; and
new text end

new text begin (2) the individual hiring the employee knows or has reason to know the purpose in
hiring the employee is to obtain child care assistance program funds.
new text end

Sec. 46.

Minnesota Statutes 2014, section 245E.02, subdivision 4, is amended to read:


Subd. 4.

Actions or administrative sanctions.

(a) After completing the
determination under subdivision 3, the department may take one or more of the actions
or sanctions specified in this subdivision.

(b) The department may take the following actions:

(1) refer the investigation to law enforcement or a county attorney for possible
criminal prosecution;

(2) refer relevant information to the department's licensing division, the child care
assistance program, the Department of Education, the federal child and adult care food
program, or appropriate child or adult protection agency;

(3) enter into a settlement agreement with a provider, license holder, controlling
individual, or recipient; or

(4) refer the matter for review by a prosecutorial agency with appropriate jurisdiction
for possible civil action under the Minnesota False Claims Act, chapter 15C.

(c) In addition to section 256.98, the department may impose sanctions by:

(1) pursuing administrative disqualification through hearings or waivers;

(2) establishing and seeking monetary recovery or recoupment; deleted text beginor
deleted text end

(3) issuing an order of corrective action that states the practices that are violations
of child care assistance program policies, laws, or regulations, and that they must be
correcteddeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) suspending, denying, or terminating payments to a provider.
new text end

new text begin (d) Upon a finding by the commissioner that any child care provider, center owner,
director, manager, license holder, or other controlling individual of a child care center has
employed, used, or acted as a recruiter offering conditional employment for a child care
center that has received child care assistance program funding, the commissioner shall:
new text end

new text begin (1) immediately suspend all program payments to all child care centers in which
the person employing, using, or acting as a recruiter offering conditional employment
is an owner, director, manager, license holder, or other controlling individual. The
commissioner shall suspend program payments under this clause even if services have
already been provided; and
new text end

new text begin (2) immediately and permanently revoke the licenses of all child care centers
of which the person employing, using, or acting as a recruiter offering conditional
employment is an owner, director, manager, license holder, or other controlling individual.
new text end

Sec. 47.

Minnesota Statutes 2014, section 245E.06, subdivision 2, is amended to read:


Subd. 2.

Written notice of department sanction; sanction effective date;
informal meeting.

(a) The department shall give notice in writing to a person of an
administrative sanction that is to be imposed. The notice shall be sent by mail as defined
in section 245E.01, subdivision 11.

(b) The notice shall state:

(1) the factual basis for the department's determination;

(2) the sanction the department intends to take;

(3) the dollar amount of the monetary recovery or recoupment, if any;

(4) how the dollar amount was computed;

(5) the right to dispute the department's determination and to provide evidence;

(6) the right to appeal the department's proposed sanction; and

(7) the option to meet informally with department staff, and to bring additional
documentation or information, to resolve the issues.

(c) In cases of determinations resulting in denial or termination of payments, in
addition to the requirements of paragraph (b), the notice must state:

(1) the length of the denial or termination;

(2) the requirements and procedures for reinstatement; and

(3) the provider's right to submit documents and written arguments against the
denial or termination of payments for review by the department before the effective date
of denial or termination.

(d) The submission of documents and written argument for review by the department
under paragraph (b), clause (5) or (7), or paragraph (c), clause (3), does not stay the
deadline for filing an appeal.

(e) deleted text beginUnless timely appealeddeleted text endnew text begin Notwithstanding section 245E.03, subdivision 4new text end, the
effective date of the proposed sanction shall be 30 days after the license holder's, provider's,
controlling individual's, or recipient's receipt of the noticenew text begin, unless timely appealednew text end. If a
timely appeal is made, the proposed sanction shall be delayed pending the final outcome
of the appeal. Implementation of a proposed sanction following the resolution of a timely
appeal may be postponed if, in the opinion of the department, the delay of sanction is
necessary to protect the health or safety of children in care. The department may consider
the economic hardship of a person in implementing the proposed sanction, but economic
hardship shall not be a determinative factor in implementing the proposed sanction.

(f) Requests for an informal meeting to attempt to resolve issues and requests
for appeals must be sent or delivered to the department's Office of Inspector General,
Financial Fraud and Abuse Division.

Sec. 48.

Minnesota Statutes 2014, section 245E.06, subdivision 3, is amended to read:


Subd. 3.

Appeal of department sanction.

(a) If the department does not pursue
a criminal action against a provider, license holder, controlling individual, or recipient
for financial misconduct, but the department imposes an administrative sanction under
section 245E.02, subdivision 4, paragraph (c), any individual or entity against whom
the sanction was imposed may appeal the department's administrative sanction under
this section pursuant to section 119B.16 or 256.045 with the additional requirements in
clauses (1) to (4). An appeal must specify:

(1) each disputed item, the reason for the dispute, and an estimate of the dollar
amount involved for each disputed item, if appropriate;

(2) the computation that is believed to be correct, if appropriate;

(3) the authority in the statute or rule relied upon for each disputed item; and

(4) the name, address, and phone number of the person at the provider's place of
business with whom contact may be made regarding the appeal.

(b) new text beginNotwithstanding section 245E.03, subdivision 4, new text endan appeal is considered timely
only if postmarked or received by the department's Appeals Division within 30 days after
receiving a notice of department sanction.

(c) Before the appeal hearing, the department may deny or terminate authorizations
or payment to the entity or individual if the department determines that the action is
necessary to protect the public welfare or the interests of the child care assistance program.

Sec. 49.

Minnesota Statutes 2014, section 256.01, subdivision 4, is amended to read:


Subd. 4.

Duties as state agency.

(a) The state agency shall:

(1) supervise the administration of assistance to dependent children under Laws
1937, chapter 438, by the county agencies in an integrated program with other service for
dependent children maintained under the direction of the state agency;

(2) establish adequate standards for personnel employed by the counties and the
state agency in the administration of Laws 1937, chapter 438, and make the necessary
rules to maintain such standards;

(3) prescribe the form of and print and supply to the county agencies blanks for
applications, reports, affidavits, and such other forms as it may deem necessary and
advisable;

(4) cooperate with the federal government and its public welfare agencies in
any reasonable manner as may be necessary to qualify for federal aid for temporary
assistance for needy families and in conformity with title I of Public Law 104-193, the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and successor
amendments, including the making of such reports and such forms and containing such
information as the Federal Social Security Board may from time to time require, and
comply with such provisions as such board may from time to time find necessary to assure
the correctness and verification of such reports;

(5) on or before October 1 in each even-numbered year make a biennial report to the
governor concerning the activities of the agency;

(6) enter into agreements with other departments of the state as necessary to meet all
requirements of the federal government; and

(7) cooperate with the commissioner of education to enforce the requirements for
program integrity and fraud prevention for investigation for child care assistance under
chapter 119B.

(b) The state agency may:

(1) subpoena witnesses and administer oaths, make rules, and take such action as
may be necessary or desirable for carrying out the provisions of Laws 1937, chapter 438.
All rules made by the state agency shall be binding on the counties and shall be complied
with by the respective county agencies;

(2) cooperate with other state agencies in establishing reciprocal agreements in
instances where a child receiving Minnesota family investment program assistance moves
or contemplates moving into or out of the state, in order that the child may continue
to receive supervised aid from the state moved from until the child has resided for one
year in the state moved to; and

(3) administer oaths and affirmations, take depositions, certify to official acts, and
issue subpoenas to compel the attendance of individuals and the production of documents
and other personal property necessary in connection with the administration of programs
administered bynew text begin, or for the purpose of any investigation, hearing, proceeding, or inquiry
related to the duties and responsibilities of
new text endnew text begin,new text end the Department of Human Services.

(c) The fees for service of a subpoena in paragraph (b), clause (3), must be paid in
the same manner as prescribed by law for a service of process issued by a district court.
Witnesses must receive the same fees and mileage as in civil actions.

(d) The subpoena in paragraph (b), clause (3), shall be enforceable through the
district court in the district where the subpoena is issued.

new text begin (e) A subpoena issued under this subdivision must state that the person to whom the
subpoena is directed may not disclose the fact that the subpoena was issued or the fact
that the requested records have been given to law enforcement personnel or agents of
the commissioner except:
new text end

new text begin (1) insofar as the disclosure is necessary and agreed upon by the commissioner, to
find and disclose the records; or
new text end

new text begin (2) pursuant to court order.
new text end

Sec. 50.

new text begin [256.041] CULTURAL AND ETHNIC COMMUNITIES LEADERSHIP
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin There is hereby established the Cultural
and Ethnic Communities Leadership Council for the Department of Human Services. The
purpose of the council is to advise the commissioner of human services on reducing
disparities that affect racial and ethnic groups.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) The council must consist of:
new text end

new text begin (1) the chairs and ranking minority members of the committees in the house of
representatives and the senate with jurisdiction over human services; and
new text end

new text begin (2) no fewer than 15 and no more than 25 members appointed by and serving at
the pleasure of the commissioner of human services, in consultation with county, tribal,
cultural, and ethnic communities; diverse program participants; and parent representatives
from these communities.
new text end

new text begin (b) In making appointments under this section, the commissioner shall give priority
consideration to public members of the legislative councils of color established under
chapter 3.
new text end

new text begin (c) Members must be appointed to allow for representation of the following groups:
new text end

new text begin (1) racial and ethnic minority groups;
new text end

new text begin (2) the American Indian community, which must be represented by two members;
new text end

new text begin (3) culturally and linguistically specific advocacy groups and service providers;
new text end

new text begin (4) human services program participants;
new text end

new text begin (5) public and private institutions;
new text end

new text begin (6) parents of human services program participants;
new text end

new text begin (7) members of the faith community;
new text end

new text begin (8) Department of Human Services employees; and
new text end

new text begin (9) any other group the commissioner deems appropriate to facilitate the goals
and duties of the council.
new text end

new text begin Subd. 3. new text end

new text begin Guidelines. new text end

new text begin The commissioner shall direct the development of guidelines
defining the membership of the council; setting out definitions; and developing duties of
the commissioner, the council, and council members regarding racial and ethnic disparities
reduction. The guidelines must be developed in consultation with:
new text end

new text begin (1) the chairs of relevant committees; and
new text end

new text begin (2) county, tribal, and cultural communities and program participants from these
communities.
new text end

new text begin Subd. 4. new text end

new text begin Chair. new text end

new text begin The commissioner shall appoint a chair.
new text end

new text begin Subd. 5. new text end

new text begin Terms for first appointees. new text end

new text begin The initial members appointed shall serve
until January 15, 2016.
new text end

new text begin Subd. 6. new text end

new text begin Terms. new text end

new text begin A term shall be for two years and appointees may be reappointed
to serve two additional terms. The commissioner shall make appointments to replace
members vacating their positions by January 15 of each year.
new text end

new text begin Subd. 7. new text end

new text begin Duties of commissioner. new text end

new text begin (a) The commissioner of human services or the
commissioner's designee shall:
new text end

new text begin (1) maintain the council established in this section;
new text end

new text begin (2) supervise and coordinate policies for persons from racial, ethnic, cultural,
linguistic, and tribal communities who experience disparities in access and outcomes;
new text end

new text begin (3) identify human services rules or statutes affecting persons from racial, ethnic,
cultural, linguistic, and tribal communities that may need to be revised;
new text end

new text begin (4) investigate and implement cost-effective models of service delivery such as
careful adaptation of clinically proven services that constitute one strategy for increasing the
number of culturally relevant services available to currently underserved populations; and
new text end

new text begin (5) based on recommendations of the council, review identified department
policies that maintain racial, ethnic, cultural, linguistic, and tribal disparities, and make
adjustments to ensure those disparities are not perpetuated.
new text end

new text begin (b) The commissioner of human services or the commissioner's designee shall
consult with the council and receive recommendations from the council when meeting the
requirements in this subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Duties of council. new text end

new text begin The council shall:
new text end

new text begin (1) recommend to the commissioner for review identified policies in the Department
of Human Services that maintain racial, ethnic, cultural, linguistic, and tribal disparities;
new text end

new text begin (2) identify issues regarding disparities by engaging diverse populations in human
services programs;
new text end

new text begin (3) engage in mutual learning essential for achieving human services parity and
optimal wellness for service recipients;
new text end

new text begin (4) raise awareness about human services disparities to the legislature and media;
new text end

new text begin (5) provide technical assistance and consultation support to counties, private
nonprofit agencies, and other service providers to build their capacity to provide equitable
human services for persons from racial, ethnic, cultural, linguistic, and tribal communities
who experience disparities in access and outcomes;
new text end

new text begin (6) provide technical assistance to promote statewide development of culturally
and linguistically appropriate, accessible, and cost-effective human services and related
policies;
new text end

new text begin (7) provide training and outreach to facilitate access to culturally and linguistically
appropriate, accessible, and cost-effective human services to prevent disparities;
new text end

new text begin (8) facilitate culturally appropriate and culturally sensitive admissions, continued
services, discharges, and utilization review for human services agencies and institutions;
new text end

new text begin (9) form work groups to help carry out the duties of the council that include, but are
not limited to, persons who provide and receive services and representatives of advocacy
groups, and provide the work groups with clear guidelines, standardized parameters, and
tasks for the work groups to accomplish;
new text end

new text begin (10) promote information sharing in the human services community and statewide;
and
new text end

new text begin (11) by February 15 each year, prepare and submit to the chairs and ranking minority
members of the committees in the house of representatives and the senate with jurisdiction
over human services a report that summarizes the activities of the council, identifies
the major problems and issues confronting racial and ethnic groups in accessing human
services, makes recommendations to address issues, and lists the specific objectives that
the council seeks to attain during the next biennium. The report must also include a list of
programs, groups, and grants used to reduce disparities, and statistically valid reports of
outcomes on the reduction of the disparities.
new text end

new text begin Subd. 9. new text end

new text begin Duties of council members. new text end

new text begin The members of the council shall:
new text end

new text begin (1) attend and participate in scheduled meetings and be prepared by reviewing
meeting notes;
new text end

new text begin (2) maintain open communication channels with respective constituencies;
new text end

new text begin (3) identify and communicate issues and risks that could impact the timely
completion of tasks;
new text end

new text begin (4) collaborate on disparity reduction efforts;
new text end

new text begin (5) communicate updates of the council's work progress and status on the
Department of Human Services Web site; and
new text end

new text begin (6) participate in any activities the council or chair deems appropriate and necessary
to facilitate the goals and duties of the council.
new text end

new text begin Subd. 10. new text end

new text begin Expiration. new text end

new text begin The council expires on June 30, 2020.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 15, 2015.
new text end

Sec. 51.

Minnesota Statutes 2014, section 256.98, subdivision 1, is amended to read:


Subdivision 1.

Wrongfully obtaining assistance.

A person who commits any of
the following acts or omissions with intent to defeat the purposes of sections 145.891 to
145.897, the MFIP program formerly codified in sections 256.031 to 256.0361, the AFDC
program formerly codified in sections 256.72 to 256.871, chapters 256B, 256D, 256J,
256K, or 256L, deleted text beginanddeleted text end child care assistance programs,new text begin and emergency assistance programs
under section 256D.06,
new text end is guilty of theft and shall be sentenced under section 609.52,
subdivision 3
, clauses (1) to (5):

(1) obtains or attempts to obtain, or aids or abets any person to obtain by means of
a willfully false statement or representation, by intentional concealment of any material
fact, or by impersonation or other fraudulent device, assistance or the continued receipt of
assistance, to include child care assistance or vouchers produced according to sections
145.891 to 145.897 and MinnesotaCare services according to sections 256.9365, 256.94,
and 256L.01 to 256L.15, to which the person is not entitled or assistance greater than that
to which the person is entitled;

(2) knowingly aids or abets in buying or in any way disposing of the property of a
recipient or applicant of assistance without the consent of the county agency; or

(3) obtains or attempts to obtain, alone or in collusion with others, the receipt of
payments to which the individual is not entitled as a provider of subsidized child care, or
by furnishing or concurring in a willfully false claim for child care assistance.

The continued receipt of assistance to which the person is not entitled or greater
than that to which the person is entitled as a result of any of the acts, failure to act, or
concealment described in this subdivision shall be deemed to be continuing offenses from
the date that the first act or failure to act occurred.

Sec. 52.

Minnesota Statutes 2014, section 256B.0625, is amended by adding a
subdivision to read:


new text begin Subd. 17b. new text end

new text begin Documentation required. new text end

new text begin (a) As a condition for payment,
nonemergency medical transportation providers must document each occurrence of a
service provided to a recipient according to this subdivision. Providers must maintain
odometer and other records sufficient to distinguish individual trips with specific vehicles
and drivers. The documentation may be collected and maintained using electronic systems
or software or in paper form but must be made available and produced upon request.
Program funds paid for transportation that is not documented according to this subdivision
shall be recovered by the department.
new text end

new text begin (b) A nonemergency medical transportation provider must compile transportation
records that meet the following requirements:
new text end

new text begin (1) the record must be in English and must be legible according to the standard
of a reasonable person;
new text end

new text begin (2) the recipient's name must be on each page of the record; and
new text end

new text begin (3) each entry in the record must document:
new text end

new text begin (i) the date on which the entry is made;
new text end

new text begin (ii) the date or dates the service is provided;
new text end

new text begin (iii) the printed last name, first name, and middle initial of the driver;
new text end

new text begin (iv) the signature of the driver attesting to the following: "I certify that I have
accurately reported in this record the trip miles I actually drove and the dates and times I
actually drove them. I understand that misreporting the miles driven and hours worked is
fraud for which I could face criminal prosecution or civil proceedings.";
new text end

new text begin (v) the signature of the recipient or authorized party attesting to the following: "I
certify that I received the reported transportation service.", or the signature of the provider
of medical services certifying that the recipient was delivered to the provider;
new text end

new text begin (vi) the address, or the description if the address is not available, of both the origin
and destination, and the mileage for the most direct route from the origin to the destination;
new text end

new text begin (vii) the mode of transportation in which the service is provided;
new text end

new text begin (viii) the license plate number of the vehicle used to transport the recipient;
new text end

new text begin (ix) whether the service was ambulatory or nonambulatory until the modes under
subdivision 17 are implemented;
new text end

new text begin (x) the time of the pickup and the time of the drop-off with "a.m." and "p.m."
designations;
new text end

new text begin (xi) the name of the extra attendant when an extra attendant is used to provide
special transportation service; and
new text end

new text begin (xii) the electronic source documentation used to calculate driving directions and
mileage.
new text end

Sec. 53.

new text begin [256B.0705] PERSONAL CARE ASSISTANCE SERVICES;
MANDATED SERVICE VERIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Personal care assistance services" or "PCA services" means services provided
according to section 256B.0659.
new text end

new text begin (c) "Personal care assistant" or "PCA" has the meaning given in section 256B.0659,
subdivision 1.
new text end

new text begin (d) "Service verification" means a random, unscheduled telephone call made for the
purpose of verifying that the individual personal care assistant is present at the location
where personal care assistance services are being provided and is providing services
as scheduled.
new text end

new text begin Subd. 2. new text end

new text begin Verification schedule. new text end

new text begin An agency that submits claims for reimbursement
for PCA services under this chapter must develop and implement administrative policies
and procedures by which the agency verifies the services provided by a PCA. For each
service recipient, the agency must conduct at least one service verification every 90 days.
If more than one PCA provides services to a single service recipient, the agency must
conduct a service verification for each PCA providing services before conducting a service
verification for a PCA whose services were previously verified by the agency. Service
verification must occur on an ongoing basis while the agency provides PCA services to
the recipient. During service verification, the agency must speak with both the PCA and
the service recipient or recipient's authorized representative. Only qualified professional
service verifications are eligible for reimbursement. An agency may substitute a visit
by a qualified professional that is eligible for reimbursement under section 256B.0659,
subdivision 14 or 19.
new text end

new text begin Subd. 3. new text end

new text begin Documentation of verification. new text end

new text begin An agency must fully document service
verifications in a legible manner and must maintain the documentation on site for at least
five years from the date of documentation. For each service verification, documentation
must include:
new text end

new text begin (1) the names and signatures of the service recipient or recipient's authorized
representative, the PCA and any other agency staff present with the PCA during the
service verification, and the staff person conducting the service verification; and
new text end

new text begin (2) the start and end time, day, month, and year of the service verification, and the
corresponding PCA time sheet.
new text end

new text begin Subd. 4. new text end

new text begin Variance. new text end

new text begin The Office of Inspector General at the Department of Human
Services may grant a variance to the service verification requirements in this section if
an agency uses an electronic monitoring system or other methods that verify a PCA is
present at the location where services are provided and is providing services according to
the prescribed schedule. A decision to grant or deny a variance request is final and not
subject to appeal under chapter 14.
new text end

Sec. 54.

Minnesota Statutes 2014, section 402A.12, is amended to read:


402A.12 ESTABLISHMENT OF A PERFORMANCE MANAGEMENT
SYSTEM FOR HUMAN SERVICES.

By January 1, 2014, the commissioner shall implement a performance management
system for essential human services as described in sections 402A.16 and 402A.18
that includes initial performance measures and deleted text beginstandardsdeleted text endnew text begin thresholdsnew text end consistent with the
recommendations of the Steering Committee on Performance and Outcome Reforms in
the December 2012 report to the legislature.

Sec. 55.

Minnesota Statutes 2014, section 402A.16, subdivision 2, is amended to read:


Subd. 2.

Duties.

The Human Services Performance Council shall:

(1) hold meetings at least quarterly that are in compliance with Minnesota's Open
Meeting Law under chapter 13D;

(2) annually review the annual performance data submitted by counties or service
delivery authorities;

(3) review and advise the commissioner on department procedures related to the
implementation of the performance management system and system process requirements
and on barriers to process improvement in human services delivery;

(4) advise the commissioner on the training and technical assistance needs of county
or service delivery authority and department personnel;

(5) review instances in which a county or service delivery authority has not made
adequate progress on a performance improvement plan and make recommendations to
the commissioner under section 402A.18;

(6) consider appeals from counties or service delivery authorities that are in the
remedies process and make recommendations to the commissioner on resolving the issue;

(7) convene working groups to update and develop outcomes, measures, and
performance deleted text beginstandardsdeleted text endnew text begin thresholdsnew text end for the performance management system and,
on an annual basis, present these recommendations to the commissioner, including
recommendations on when a particular essential human services program has a balanced
set of program measures in place;

(8) make recommendations on human services administrative rules or statutes that
could be repealed in order to improve service delivery;

(9) provide information to stakeholders on the council's role and regularly collect
stakeholder input on performance management system performance; and

(10) submit an annual report to the legislature and the commissioner, which
includes a comprehensive report on the performance of individual counties or service
delivery authorities as it relates to system measures; a list of counties or service delivery
authorities that have been required to create performance improvement plans and the areas
identified for improvement as part of the remedies process; a summary of performance
improvement training and technical assistance activities offered to the county personnel
by the department; recommendations on administrative rules or state statutes that could be
repealed in order to improve service delivery; recommendations for system improvements,
including updates to system outcomes, measures, and deleted text beginstandardsdeleted text endnew text begin thresholdsnew text end; and a response
from the commissioner.

Sec. 56.

Minnesota Statutes 2014, section 402A.16, subdivision 4, is amended to read:


Subd. 4.

Commissioner duties.

The commissioner shall:

(1) implement and maintain the performance management system for human services;

(2) establish and regularly update the system's outcomes, measures, and deleted text beginstandards
deleted text endnew text beginthresholdsnew text end, including the minimum performance deleted text beginstandarddeleted text endnew text begin thresholdnew text end for each performance
measure;

(3) determine when a particular program has a balanced set of measures;

(4) receive reports from counties or service delivery authorities at least annually on
their performance against system measures, provide counties with data needed to assess
performance and monitor progress, and provide timely feedback to counties or service
delivery authorities on their performance;

(5) implement and monitor the remedies process in section 402A.18;

(6) report to the Human Services Performance Council on county or service delivery
authority performance on a semiannual basis;

(7) provide general training and technical assistance to counties or service delivery
authorities on topics related to performance measurement and performance improvement;

(8) provide targeted training and technical assistance to counties or service delivery
authorities that supports their performance improvement plans; and

(9) provide staff support for the Human Services Performance Council.

Sec. 57.

Minnesota Statutes 2014, section 402A.18, is amended to read:


402A.18 COMMISSIONER POWER TO REMEDY FAILURE TO MEET
PERFORMANCE OUTCOMES.

Subdivision 1.

Underperforming county; specific service.

If the commissioner
determines that a county or service delivery authority is deficient in achieving minimum
performance deleted text beginstandardsdeleted text endnew text begin thresholdsnew text end for a specific essential human services program, the
commissioner may impose the following remedies and adjust state and federal program
allocations accordingly:

(1) voluntary incorporation of the administration and operation of the specific
essential human services program with an existing service delivery authority or another
county. A service delivery authority or county incorporating an underperforming county
shall not be financially liable for the costs associated with remedying performance
outcome deficiencies;

(2) mandatory incorporation of the administration and operation of the specific
essential human services program with an existing service delivery authority or another
county. A service delivery authority or county incorporating an underperforming county
shall not be financially liable for the costs associated with remedying performance
outcome deficiencies; or

(3) transfer of authority for program administration and operation of the specific
essential human services program to the commissioner.

Subd. 2.

Underperforming county; more than one-half of services.

If the
commissioner determines that a county or service delivery authority is deficient in
achieving minimum performance deleted text beginstandardsdeleted text endnew text begin thresholdsnew text end for more than one-half of the defined
essential human services programs, the commissioner may impose the following remedies:

(1) voluntary incorporation of the administration and operation of essential human
services programs with an existing service delivery authority or another county. A
service delivery authority or county incorporating an underperforming county shall
not be financially liable for the costs associated with remedying performance outcome
deficiencies;

(2) mandatory incorporation of the administration and operation of essential human
services programs with an existing service delivery authority or another county. A
service delivery authority or county incorporating an underperforming county shall
not be financially liable for the costs associated with remedying performance outcome
deficiencies; or

(3) transfer of authority for administration and operation of essential human services
programs to the commissioner.

Subd. 2a.

Financial responsibility of underperforming county.

A county subject
to remedies under subdivision 1 or 2 shall provide to the entity assuming administration of
the essential human services program or programs the amount of nonfederal and nonstate
funding needed to remedy performance outcome deficiencies.

Subd. 3.

Conditions prior to imposing remedies.

(a) The commissioner
shall notify a county or service delivery authority that it must submit a performance
improvement plan if:

(1) the county or service delivery authority does not meet the minimum performance
deleted text beginstandarddeleted text endnew text begin thresholdnew text end for a measure; or

(2) the county or service delivery authority does not meet the minimum performance
deleted text beginstandarddeleted text endnew text begin thresholdnew text end for one or more racial or ethnic subgroup for which there is a
statistically valid population size for three or more measures, even if the county or service
delivery authority met the deleted text beginstandarddeleted text endnew text begin thresholdnew text end for the overall population.

The commissioner must approve the performance improvement plan. The county or
service delivery authority may negotiate the terms of the performance improvement plan
with the commissioner.

(b) When the department determines that a county or service delivery authority
does not meet the minimum performance deleted text beginstandarddeleted text endnew text begin thresholdnew text end for a given measure, the
commissioner must advise the county or service delivery authority that fiscal penalties
may result if the performance does not improve. The department must offer technical
assistance to the county or service delivery authority. Within 30 days of the initial
advisement from the department, the county or service delivery authority may claim
and the department may approve an extenuating circumstance that relieves the county
or service delivery authority of any further remedy. If a county or service delivery
authority has a small number of participants in an essential human services program such
that reliable measurement is not possible, the commissioner may approve extenuating
circumstances or may average performance over three years.

(c) If there are no extenuating circumstances, the county or service delivery authority
must submit a performance improvement plan to the commissioner within 60 days of the
initial advisement from the department. The term of the performance improvement plan
must be two years, starting with the date the plan is approved by the commissioner. This
plan must include a target level for improvement for each measure that did not meet
the minimum performance deleted text beginstandarddeleted text endnew text begin thresholdnew text end. The commissioner must approve the
performance improvement plan within 60 days of submittal.

(d) The department must monitor the performance improvement plan for two
years. After two years, if the county or service delivery authority meets the minimum
performance deleted text beginstandarddeleted text endnew text begin thresholdnew text end, there is no further remedy. If the county or service
delivery authority fails to meet the minimum performance deleted text beginstandarddeleted text endnew text begin thresholdnew text end, but
meets the improvement target in the performance improvement plan, the county or
service delivery authority shall modify the performance improvement plan for further
improvement and the department shall continue to monitor the plan.

(e) If, after two years of monitoring, the county or service delivery authority fails
to meet both the minimum performance deleted text beginstandarddeleted text endnew text begin thresholdnew text end and the improvement target
identified in the performance improvement plan, the next step of the remedies process
shall be invoked by the commissioner. This phase of the remedies process may include:

(1) fiscal penalties for the county or service delivery authority that do not exceed
one percent of the county's human services expenditures and that are negotiated in the
performance improvement plan, based on what is needed to improve outcomes. Counties
or service delivery authorities must reinvest the amount of the fiscal penalty into the
essential human services program that was underperforming. A county or service delivery
authority shall not be required to pay more than three fiscal penalties in a year; and

(2) the department's provision of technical assistance to the county or service
delivery authority that is targeted to address the specific performance issues.

The commissioner shall continue monitoring the performance improvement plan for a
third year.

(f) If, after the third year of monitoring, the county or service delivery authority
meets the minimum performance deleted text beginstandarddeleted text endnew text begin thresholdnew text end, there is no further remedy. If the
county or service delivery authority fails to meet the minimum performance deleted text beginstandard
deleted text endnew text beginthresholdnew text end, but meets the improvement target for the performance improvement plan, the
county or service delivery authority shall modify the performance improvement plan for
further improvement and the department shall continue to monitor the plan.

(g) If, after the third year of monitoring, the county or service delivery authority
fails to meet the minimum performance deleted text beginstandarddeleted text endnew text begin thresholdnew text end and the improvement target
identified in the performance improvement plan, the Human Services Performance
Council shall review the situation and recommend a course of action to the commissioner.

(h) If the commissioner has determined that a program has a balanced set of program
measures and a county or service delivery authority is subject to fiscal penalties for more
than one-half of the measures for that program, the commissioner may apply further
remedies as described in subdivisions 1 and 2.

Sec. 58.

Minnesota Statutes 2014, section 471.346, is amended to read:


471.346 PUBLICLY OWNED AND LEASED VEHICLES IDENTIFIED.

All motor vehicles owned or leased by a statutory or home rule charter city, county,
town, school district, metropolitan or regional agency, or other political subdivision,
except for unmarked vehicles used in general police and fire work, arson investigations,
deleted text beginanddeleted text end Department of Human Services investigations deleted text beginincludingdeleted text endnew text begin conducted by central office
staff, and
new text end county fraud prevention investigationsnew text begin conducted by county or contract fraud
prevention investigators
new text end, shall have the name of the political subdivision plainly displayed
on both sides of the vehicle in letters not less than 2-1/2 inches high and one-half inch wide.
The identification must be in a color that contrasts with the color of the part of the vehicle
on which it is placed and must remain on and be clean and visible throughout the period of
which the vehicle is owned or leased by the political subdivision. The identification must
not be on a removable plate or placard except on leased vehicles but the plate or placard
must not be removed from a leased vehicle at any time during the term of the lease.

Sec. 59.

new text begin [609.816] WRONGFUL EMPLOYMENT AT A CHILD CARE CENTER.
new text end

new text begin A person is guilty of a crime and may be sentenced as provided in section 609.52,
subdivision 3, clauses (1) to (5), if the person:
new text end

new text begin (1) is a child care center owner, director, manager, license holder, or other controlling
individual or agent of a child care center;
new text end

new text begin (2) engages in the recruitment or screening of potential employees or applicants or
instructs other persons engaged in the recruitment or screening of potential employees
or applicants; and
new text end

new text begin (3) requires, as a condition of obtaining or continuing employment at the child
care center, in order to obtain child care assistance program funds, that the applicant,
potential employee, or employee has one or more children who are eligible for or receive
child care assistance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 60.

Minnesota Statutes 2014, section 609.821, is amended to read:


609.821 FINANCIAL TRANSACTION CARD FRAUD.

Subdivision 1.

Definitions.

For the purposes of this section, the following terms
have the meanings given them:

(a) "Financial transaction card" means any instrument or device, whether known as
a credit card, credit plate, charge plate, courtesy card, bank services card, banking card,
check guarantee card, debit card, electronic benefit system (EBS) card, electronic benefit
transfer (EBT) card, assistance transaction card, or by any other name, issued with or
without fee by an issuer for the use of the cardholder in obtaining credit, money, goods,
services, public assistance benefits, or anything else of value, and includes the account or
identification number or symbol of a financial transaction card.

(b) "Cardholder" means a person in whose name a card is issued.

(c) "Issuer" means a person, firm, or governmental agency, or a duly authorized
agent or designee, that issues a financial transaction card.

(d) "Property" includes money, goods, services, public assistance benefit, or
anything else of value.

(e) "Public assistance benefit" means any money, goods or services, or anything else
of value, issued under chapters 256, 256B, 256D, or section 393.07, subdivision 10.

new text begin (f) "Trafficking of SNAP benefits" means:
new text end

new text begin (1) the buying, selling, stealing, or otherwise effecting an exchange of Supplemental
Nutrition Assistance Program (SNAP) benefits issued and accessed via an electronic
benefit transfer (EBT) card, card number and personal identification number (PIN), or
manual voucher and signature, for cash or consideration other than eligible food, either
directly, indirectly, in complicity or collusion with others, or acting alone;
new text end

new text begin (2) the exchange of one of the following for SNAP benefits: firearms, ammunition,
explosives, or controlled substances as defined in United States Code, title 21, section 802;
new text end

new text begin (3) purchasing a product with SNAP benefits that has a container requiring a return
deposit with the intent of obtaining cash by discarding the product and returning the
container for the deposit amount, intentionally discarding the product, and intentionally
returning the container for the deposit amount;
new text end

new text begin (4) purchasing a product with SNAP benefits with the intent of obtaining cash or
consideration other than eligible food by reselling the product, and intentionally reselling
the product purchased with SNAP benefits in exchange for cash or consideration other
than eligible food;
new text end

new text begin (5) intentionally purchasing products originally purchased with SNAP benefits in
exchange for cash or consideration other than eligible food; or
new text end

new text begin (6) attempting to buy, sell, steal, or otherwise effect an exchange of SNAP benefits
issued and accessed via an EBT card, card number and PIN number, or manual voucher
and signature, for cash or consideration other than eligible food, either directly, indirectly,
in complicity or collusion with others, or acting alone.
new text end

Subd. 2.

Violations; penalties.

A person who does any of the following commits
financial transaction card fraud:

(1) without the consent of the cardholder, and knowing that the cardholder has not
given consent, uses or attempts to use a card to obtain the property of another, or a public
assistance benefit issued for the use of another;

(2) uses or attempts to use a card knowing it to be forged, false, fictitious, or obtained
in violation of clause (6);

(3) sells or transfers a card knowing that the cardholder and issuer have not
authorized the person to whom the card is sold or transferred to use the card, or that the
card is forged, false, fictitious, or was obtained in violation of clause (6);

(4) without a legitimate business purpose, and without the consent of the cardholders,
receives or possesses, with intent to use, or with intent to sell or transfer in violation of
clause (3), two or more cards issued in the name of another, or two or more cards knowing
the cards to be forged, false, fictitious, or obtained in violation of clause (6);

(5) being authorized by an issuer to furnish money, goods, services, or anything else
of value, knowingly and with an intent to defraud the issuer or the cardholder:

(i) furnishes money, goods, services, or anything else of value upon presentation of a
financial transaction card knowing it to be forged, expired, or revoked, or knowing that it
is presented by a person without authority to use the card; or

(ii) represents in writing to the issuer that the person has furnished money, goods,
services, or anything else of value which has not in fact been furnished;

(6) upon applying for a financial transaction card to an issuer, or for a public
assistance benefit which is distributed by means of a financial transaction card:

(i) knowingly gives a false name or occupation;

(ii) knowingly and substantially overvalues assets or substantially undervalues
indebtedness for the purpose of inducing the issuer to issue a financial transaction card; or

(iii) knowingly makes a false statement or representation for the purpose of inducing
an issuer to issue a financial transaction card used to obtain a public assistance benefit;

(7) with intent to defraud, falsely notifies the issuer or any other person of a theft,
loss, disappearance, or nonreceipt of a financial transaction card; deleted text beginor
deleted text end

(8) without the consent of the cardholder and knowing that the cardholder has not
given consent, falsely alters, makes, or signs any written document pertaining to a card
transaction to obtain or attempt to obtain the property of anotherdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (9) engages in trafficking of SNAP benefits.
new text end

Subd. 3.

Sentence.

(a) A person who commits financial transaction card fraud may
be sentenced as follows:

(1) for a violation of subdivision 2, clause (1), (2), (5), deleted text beginordeleted text end (8)new text begin, or (9)new text end:

(i) to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the value of the property the person obtained or attempted to
obtain was more than $35,000, or the aggregate amount of the transactions under this
subdivision was more than $35,000; or

(ii) to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the value of the property the person obtained or attempted to
obtain was more than $2,500, or the aggregate amount of the transactions under this
subdivision was more than $2,500; or

(iii) to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both, if the value of the property the person obtained or attempted
to obtain was more than $250 but not more than $2,500, or the aggregate amount of the
transactions under this subdivision was more than $250 but not more than $2,500; or

(iv) to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both, if the value of the property the person obtained or attempted
to obtain was not more than $250, or the aggregate amount of the transactions under
this subdivision was not more than $250, and the person has previously been convicted
within the preceding five years for an offense under this section, section 609.24; 609.245;
609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.631, or a statute
from another state in conformity with any of those sections, and the person received a
felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under
section 609.135 if the offense to which a plea was entered would allow imposition of a
felony or gross misdemeanor sentence; or

(v) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the property the person obtained or attempted to
obtain was not more than $250, or the aggregate amount of the transactions under this
subdivision was not more than $250;

(2) for a violation of subdivision 2, clause (3) or (4), to imprisonment for not more
than three years or to payment of a fine of not more than $5,000, or both; or

(3) for a violation of subdivision 2, clause (6) or (7):

(i) if no property, other than a financial transaction card, has been obtained by the
defendant by means of the false statement or false report, to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both; or

(ii) if property, other than a financial transaction card, is so obtained, in the manner
provided in clause (1).

(b) In any prosecution under paragraph (a), clause (1), the value of the transactions
made or attempted within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this section. When two or more offenses
are committed by the same person in two or more counties, the accused may be prosecuted
in any county in which one of the card transactions occurred for all of the transactions
aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 61. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin In each statutory section listed in column A, the revisor of statutes shall delete the
statutory reference in column B and insert the statutory reference in column C.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin Column C
new text end
new text begin 119B.08, subdivision 1
new text end
new text begin 256.01, subdivision 2,
paragraph (17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 241.021, subdivision 2
new text end
new text begin 256.01, subdivision 2, clause
(2)
new text end
new text begin 256.01, subdivision 2,
paragraph (a), clause (2)
new text end
new text begin 245.03, subdivision 2
new text end
new text begin 256.01, subdivision 2,
paragraph (1), clause (f)
new text end
new text begin 256.01, subdivision 2,
paragraph (a), clause (6)
new text end
new text begin 245.482, subdivision 1
new text end
new text begin 256.01, subdivision 2,
paragraph (17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 245.495
new text end
new text begin 256.01, subdivision 2, clause
(17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 245.495
new text end
new text begin 256.01, subdivision 2, clause
(15)
new text end
new text begin 256.01, subdivision 2,
paragraph (o)
new text end
new text begin 245.73, subdivision 4
new text end
new text begin 256.01, subdivision 2, clause
(17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 252.275, subdivision 7
new text end
new text begin 256.01, subdivision 2, clause
(17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 252.32, subdivision 3a
new text end
new text begin 256.01, subdivision 2,
paragraph (17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 256.975, subdivision 9
new text end
new text begin 256.01, subdivision 2, clause
(23)
new text end
new text begin 256.01, subdivision 2,
paragraph (v)
new text end
new text begin 256B.05, subdivision 1
new text end
new text begin 256.01, subdivision 2,
paragraph (17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 256B.0625, subdivision 20
new text end
new text begin 256.01, subdivision 2, clause
(15)
new text end
new text begin 256.01, subdivision 2,
paragraph (o)
new text end
new text begin 256B.20
new text end
new text begin 256.01, subdivision 2,
paragraph (17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 256B.50, subdivision 1e
new text end
new text begin 256.01, subdivision 2, clause
(15)
new text end
new text begin 256.01, subdivision 2,
paragraph (o)
new text end
new text begin 256D.04
new text end
new text begin 256.01, subdivision 2,
paragraph (16)
new text end
new text begin 256.01, subdivision 2,
paragraph (p)
new text end
new text begin 256D.04
new text end
new text begin 256.01, subdivision 2,
paragraph (17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 256E.12, subdivision 3
new text end
new text begin 256.01, subdivision 2,
paragraph (17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 256F.10, subdivision 6
new text end
new text begin 256.01, subdivision 2, clause
(15)
new text end
new text begin 256.01, subdivision 2,
paragraph (o)
new text end
new text begin 256F.10, subdivision 7
new text end
new text begin 256.01, subdivision 2,
paragraph (17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 256J.626, subdivision 8
new text end
new text begin 256.01, subdivision 2, clause
(17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end
new text begin 260.810, subdivision 2
new text end
new text begin 256.01, subdivision 2,
paragraph (17)
new text end
new text begin 256.01, subdivision 2,
paragraph (q)
new text end

Sec. 62. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 245E.07, subdivision 3, new text end new text begin is repealed.
new text end

ARTICLE 5

HEALTH CARE

Section 1.

Minnesota Statutes 2014, section 62J.495, subdivision 1, is amended to read:


Subdivision 1.

Implementation.

By January 1, 2015, all hospitals and health care
providersnew text begin, as defined in section 62J.03, subdivision 8,new text end must have in place an interoperable
electronic health records system within their hospital system or clinical practice setting.
The commissioner of health, in consultation with the e-Health Advisory Committee,
shall develop a statewide plan to meet this goal, including uniform standards to be used
for the interoperable system for sharing and synchronizing patient data across systems.
The standards must be compatible with federal efforts. The uniform standards must be
developed by January 1, 2009, and updated on an ongoing basis. The commissioner shall
include an update on standards development as part of an annual report to the legislature.
new text beginIndividual health care providers in private practice with no other providers and health care
providers that do not accept reimbursement from a group purchaser, as defined in section
62J.03, subdivision 6, are excluded from the requirements of this section.
new text end

Sec. 2.

Minnesota Statutes 2014, section 256B.0625, subdivision 31, is amended to read:


Subd. 31.

Medical supplies and equipment.

(a) Medical assistance covers medical
supplies and equipment. Separate payment outside of the facility's payment rate shall
be made for wheelchairs and wheelchair accessories for recipients who are residents
of intermediate care facilities for the developmentally disabled. Reimbursement for
wheelchairs and wheelchair accessories for ICF/DD recipients shall be subject to the same
conditions and limitations as coverage for recipients who do not reside in institutions. A
wheelchair purchased outside of the facility's payment rate is the property of the recipient.
The commissioner may set reimbursement rates for specified categories of medical
supplies at levels below the Medicare payment rate.

(b) Vendors of durable medical equipment, prosthetics, orthotics, or medical supplies
must enroll as a Medicare provider.

(c) When necessary to ensure access to durable medical equipment, prosthetics,
orthotics, or medical supplies, the commissioner may exempt a vendor from the Medicare
enrollment requirement if:

(1) the vendor supplies only one type of durable medical equipment, prosthetic,
orthotic, or medical supply;

(2) the vendor serves ten or fewer medical assistance recipients per year;

(3) the commissioner finds that other vendors are not available to provide same or
similar durable medical equipment, prosthetics, orthotics, or medical supplies; and

(4) the vendor complies with all screening requirements in this chapter and Code of
Federal Regulations, title 42, part 455. The commissioner may also exempt a vendor from
the Medicare enrollment requirement if the vendor is accredited by a Centers for Medicare
and Medicaid Services approved national accreditation organization as complying with
the Medicare program's supplier and quality standards and the vendor serves primarily
pediatric patients.

(d) Durable medical equipment means a device or equipment that:

(1) can withstand repeated use;

(2) is generally not useful in the absence of an illness, injury, or disability; and

(3) is provided to correct or accommodate a physiological disorder or physical
condition or is generally used primarily for a medical purpose.

(e) Electronic tablets may be considered durable medical equipment if the electronic
tablet will be used as an augmentative and alternative communication system as defined
under subdivision 31a, paragraph (a). To be covered by medical assistance, the device
must be locked in order to prevent use not related to communication.

new text begin (f) Notwithstanding the requirement in paragraph (e) that an electronic tablet must
be locked to prevent use not as an augmentative communication device, a recipient of
waiver services may use an electronic tablet for a use not related to communication when
the recipient has been authorized under the waiver to receive one or more additional
applications that can be loaded onto the electronic tablet, such that allowing the additional
use prevents the purchase of a separate electronic tablet with waiver funds.
new text end

Sec. 3. new text beginOBSOLETE RULES REGARDING PRIOR AUTHORIZATIONS FOR
MEDICAL SUPPLIES AND EQUIPMENT.
new text end

new text begin (a) The commissioner of human services shall amend Minnesota Rules, part
9505.0310, subpart 3, to remove the following medical supplies and equipment from the
list for which prior authorization is required as a condition of medical assistance payment:
a nondurable medical supply that costs more than the performance agreement limit;
and durable medical equipment, prostheses, and orthoses if the cost of their purchase,
projected cumulative rental for the period of the recipient's expected use, or repairs
exceeds the performance agreement limit.
new text end

new text begin (b) The commissioner of human services shall amend Minnesota Rules, part
9505.0365, subpart 3, to remove the requirement that prior authorization for an ambulatory
aid is required for an aid that costs in excess of the limits specified in the provider's
performance agreement.
new text end

new text begin (c) The commissioner may use the good cause exemption in Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section. Minnesota
Statutes, section 14.386, does not apply except as provided in Minnesota Statutes, section
14.388.
new text end

Sec. 4. new text beginALTERNATIVE PAYMENT METHODOLOGY.
new text end

new text begin The commissioner of human services shall develop a recommendation for a new
alternative payment methodology for federally qualified health centers and rural health
clinics that covers the cost of all medical assistance services provided by federally
qualified health centers or rural health clinics, and is in accordance with current Medicare
cost principles as applicable to federally qualified health centers and rural health clinics.
The recommendation for a new alternative payment methodology must:
new text end

new text begin (1) be made in consultation with the state's federally qualified health centers and
rural health clinics;
new text end

new text begin (2) include regular rebasing of costs; and
new text end

new text begin (3) take into consideration aspects of the current Medicare payment methodology to
federally qualified health centers and rural health clinics.
new text end

new text begin The commissioner shall present the recommendation for a new alternative payment
methodology to the chairs and ranking minority members of the legislative committees
with jurisdiction over health and human services policy and finance by February 15, 2016.
new text end

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

new text begin Minnesota Rules, parts 9505.0175, subpart 32; 9505.0365, subpart 2; 9505.1696,
subpart 10; and 9505.1709,
new text end new text begin are repealed.
new text end

ARTICLE 6

CONTINUING CARE

Section 1.

Minnesota Statutes 2014, section 144.0724, subdivision 12, is amended to
read:


Subd. 12.

Appeal of nursing facility level of care determination.

(a) A resident or
prospective resident whose level of care determination results in a denial of long-term care
services can appeal the determination as outlined in section 256B.0911, subdivision 3a,
paragraph (h), clause (9).

(b) The commissioner of human services shall ensure that notice of changes in
eligibility due to a nursing facility level of care determination is provided to each affected
recipient or the recipient's guardian at least 30 days before the effective date of the change.
The notice shall include the following information:

(1) how to obtain further information on the changes;

(2) how to receive assistance in obtaining other services;

(3) a list of community resources; and

(4) appeal rights.

A recipient who meets the criteria in section 256B.0922, subdivision 2, paragraph (a),
clauses (1) and (2), may request continued services pending appeal within the time period
allowed to request an appeal under section 256.045, subdivision 3, paragraph deleted text begin(h)deleted text endnew text begin (i)new text end. This
paragraph is in effect for appeals filed between January 1, 2015, and December 31, 2016.

Sec. 2.

Minnesota Statutes 2014, section 148E.065, subdivision 4a, is amended to read:


Subd. 4a.

City, county, and state social workers.

deleted text begin(a)deleted text end Beginning July 1, 2016, the
licensure of city, county, and state agency social workers is voluntary, except an individual
who is newly employed by a city or state agency after July 1, 2016, must be licensed
if the individual who provides social work services, as those services are defined in
section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title
incorporating the words "social work" or "social worker."

deleted text begin (b) City, county, and state agencies employing social workers deleted text end deleted text begin and staff who are
designated to perform mandated duties under sections 256.01, subdivision 24, and
256.975, subdivisions 7 to 7c,
deleted text end deleted text begin are not required to employ licensed social workers.
deleted text end

Sec. 3.

Minnesota Statutes 2014, section 245C.10, subdivision 10, is amended to read:


Subd. 10.

Community first services and supports organizations.

The
commissioner shall recover the cost of background studies initiated by an agency-provider
delivering services under section 256B.85, subdivision 11, or a financial management
services deleted text begincontractordeleted text endnew text begin providernew text end providing service functions under section 256B.85, subdivision
13
, through a fee of no more than $20 per study, charged to the organization responsible
for submitting the background study form. The fees collected under this subdivision are
appropriated to the commissioner for the purpose of conducting background studies.

Sec. 4.

Minnesota Statutes 2014, section 245D.10, subdivision 3, is amended to read:


Subd. 3.

Service suspension deleted text beginand service terminationdeleted text end.

(a) The license holder
must establish policies and procedures for temporary service suspension deleted text beginand service
termination
deleted text end that promote continuity of care and service coordination with the person and
the case manager and with other licensed caregivers, if any, who also provide support to
the person.new text begin The policy must include the requirements specified in paragraphs (b) to (f).
new text end

new text begin (b) The license holder must limit temporary service suspension to situations in which:
new text end

new text begin (1) the person's conduct poses an imminent risk of physical harm to self or others
and either positive support strategies have been implemented to resolve the issues leading
to the temporary service suspension but have not been effective and additional positive
support strategies would not achieve and maintain safety, or less restrictive measures
would not resolve the issues leading to the suspension;
new text end

new text begin (2) the person has emergent medical issues that exceed the license holder's ability to
meet the person's needs; or
new text end

new text begin (3) the program has not been paid for services.
new text end

new text begin (c) Prior to giving notice of temporary service suspension, the license holder must
document actions taken to minimize or eliminate the need for service suspension. Action
taken by the license holder must include, at a minimum:
new text end

new text begin (1) consultation with the person's support team or expanded support team to identify
and resolve issues leading to issuance of the notice; and
new text end

new text begin (2) a request to the case manager for intervention services identified in section
245D.03, subdivision 1, paragraph (c), clause (1), or other professional consultation or
intervention services to support the person in the program. This requirement does not
apply to temporary suspensions issued under paragraph (b), clause (3).
new text end

new text begin If, based on the best interests of the person, the circumstances at the time of the notice
were such that the license holder was unable to take the action specified in clauses (1)
and (2), the license holder must document the specific circumstances and the reason
for being unable to do so.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end The deleted text beginpolicydeleted text endnew text begin notice of temporary service suspensionnew text end must deleted text beginincludedeleted text endnew text begin meetnew text end the
following requirements:

(1) the license holder must notify the person or the person's legal representative and
case manager in writing of the intended deleted text begintermination ordeleted text end temporary service suspensiondeleted text begin,
and the person's right to seek a temporary order staying the termination of service
according to the procedures in section 256.045, subdivision 4a, or 6, paragraph (c)
deleted text endnew text begin. If
the temporary service suspension is from residential supports and services as defined in
section 245D.03, subdivision 1, paragraph (c), clause (3), the license holder must also
notify the commissioner in writing
new text end;

(2) deleted text beginnotice of the proposed termination of services, including those situations that
began with a temporary service suspension, must be given at least 60 days before the
proposed termination is to become effective when a license holder is providing intensive
supports and services identified in section 245D.03, subdivision 1, paragraph (c), and 30
days prior to termination for all other services licensed under this chapter. This notice may
be given in conjunction with a notice of temporary service suspension;
deleted text end

deleted text begin (3)deleted text end notice of temporary service suspension must be given on the first day of the
service suspension;new text begin and
new text end

new text begin (3) the notice must include the reason for the action, a summary of actions taken to
minimize or eliminate the need for temporary service suspension as required under this
paragraph, and why these measures failed to prevent the suspension.
new text end

new text begin (e) During the temporary suspension period, the license holder must:
new text end

deleted text begin (4) the license holder mustdeleted text endnew text begin (1)new text end provide information requested by the person or case
manager deleted text beginwhen services are temporarily suspended or upon notice of terminationdeleted text end;

deleted text begin (5) prior to giving notice of service termination or temporary service suspension,
the license holder must document actions taken to minimize or eliminate the need for
service suspension or termination;
deleted text end

deleted text begin (6) during the temporary service suspension or service termination notice period,
the license holder must
deleted text endnew text begin (2)new text end work with the support team or expanded support team to
develop reasonable alternatives to protect the person and othersnew text begin and to support continuity
of care
new text end;new text begin and
new text end

deleted text begin (7) the license holder mustdeleted text endnew text begin (3)new text end maintain information about the service suspension deleted text beginor
termination
deleted text end, including the written deleted text beginterminationdeleted text end noticenew text begin of temporary service suspensionnew text end, in
the service recipient recorddeleted text begin; and
deleted text end

deleted text begin (8) the license holder must restrict temporary service suspension to situations in
which the person's conduct poses an imminent risk of physical harm to self or others and
less restrictive or positive support strategies would not achieve and maintain safety
deleted text end.

new text begin (f) If, based on a review by the person's support team or expanded support team,
that team determines the person no longer poses an imminent risk of physical harm to
self or others, the person has a right to return to receiving services. If, at the time of the
service suspension or at any time during the suspension, the person is receiving treatment
related to the conduct that resulted in the service suspension, the support team or expanded
support team must consider the recommendation of the licensed health professional,
mental health professional, or other licensed professional involved in the person's care
or treatment when determining whether the person no longer poses an imminent risk of
physical harm to self or others and can return to the program. If the support team or
expanded support team makes a determination that is contrary to the recommendation of a
licensed professional treating the person, the license holder must document the specific
reasons why a contrary decision was made.
new text end

Sec. 5.

Minnesota Statutes 2014, section 245D.10, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Service termination. new text end

new text begin (a) The license holder must establish policies
and procedures for service termination that promote continuity of care and service
coordination with the person and the case manager and with other licensed caregivers, if
any, who also provide support to the person. The policy must include the requirements
specified in paragraphs (b) to (f).
new text end

new text begin (b) The license holder must permit each person to remain in the program and must
not terminate services unless:
new text end

new text begin (1) the termination is necessary for the person's welfare and the person's needs
cannot be met in the facility;
new text end

new text begin (2) the safety of the person or others in the program is endangered and positive
support strategies were attempted and have not achieved and effectively maintained safety
for the person or others;
new text end

new text begin (3) the health of the person or others in the program would otherwise be endangered;
new text end

new text begin (4) the program has not been paid for services;
new text end

new text begin (5) the program ceases to operate; or
new text end

new text begin (6) the person has been terminated by the lead agency from waiver eligibility.
new text end

new text begin (c) Prior to giving notice of service termination, the license holder must document
actions taken to minimize or eliminate the need for termination. Action taken by the
license holder must include, at a minimum:
new text end

new text begin (1) consultation with the person's support team or expanded support team to identify
and resolve issues leading to issuance of the notice; and
new text end

new text begin (2) a request to the case manager for intervention services identified in section
245D.03, subdivision 1, paragraph (c), clause (1), or other professional consultation or
intervention services to support the person in the program. This requirement does not
apply to notices of service termination issued under paragraph (b), clause (4).
new text end

new text begin If, based on the best interests of the person, the circumstances at the time of the notice
were such that the license holder was unable to take the action specified in clauses (1)
and (2), the license holder must document the specific circumstances and the reason
for being unable to do so.
new text end

new text begin (d) The notice of service termination must meet the following requirements:
new text end

new text begin (1) the license holder must notify the person or the person's legal representative and
the case manager in writing of the intended service termination. If the service termination
is from residential supports and services as defined in section 245D.03, subdivision 1,
paragraph (c), clause (3), the license holder must also notify the commissioner in writing;
and
new text end

new text begin (2) the notice must include:
new text end

new text begin (i) the reason for the action;
new text end

new text begin (ii) except for a service termination under paragraph (b), clause (5), a summary of
actions taken to minimize or eliminate the need for service termination or temporary
service suspension as required under paragraph (c), and why these measures failed to
prevent the termination or suspension;
new text end

new text begin (iii) the person's right to appeal the termination of services under section 256.045,
subdivision 3, paragraph (a); and
new text end

new text begin (iv) the person's right to seek a temporary order staying the termination of services
according to the procedures in section 256.045, subdivision 4a or 6, paragraph (c).
new text end

new text begin (e) Notice of the proposed termination of service, including those situations that
began with a temporary service suspension, must be given at least 60 days prior to
termination when a license holder is providing intensive supports and services identified
in section 245D.03, subdivision 1, paragraph (c), and 30 days prior to termination for all
other services licensed under this chapter. This notice may be given in conjunction with a
notice of temporary service suspension under subdivision 3.
new text end

new text begin (f) During the service termination notice period, the license holder must:
new text end

new text begin (1) work with the support team or expanded support team to develop reasonable
alternatives to protect the person and others and to support continuity of care;
new text end

new text begin (2) provide information requested by the person or case manager; and
new text end

new text begin (3) maintain information about the service termination, including the written notice
of intended service termination, in the service recipient record.
new text end

Sec. 6.

Minnesota Statutes 2014, section 256.01, subdivision 4, is amended to read:


Subd. 4.

Duties as state agency.

(a) The state agency shall:

(1) supervise the administration of assistance to dependent children under Laws
1937, chapter 438, by the county agencies in an integrated program with other service for
dependent children maintained under the direction of the state agency;

(2) establish adequate standards for personnel employed by the counties and the
state agency in the administration of Laws 1937, chapter 438, and make the necessary
rules to maintain such standards;

(3) prescribe the form of and print and supply to the county agencies blanks for
applications, reports, affidavits, and such other forms as it may deem necessary and
advisable;

(4) cooperate with the federal government and its public welfare agencies in
any reasonable manner as may be necessary to qualify for federal aid for temporary
assistance for needy families and in conformity with title I of Public Law 104-193, the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and successor
amendments, including the making of such reports and such forms and containing such
information as the Federal Social Security Board may from time to time require, and
comply with such provisions as such board may from time to time find necessary to assure
the correctness and verification of such reports;

(5) on or before October 1 in each even-numbered year make a biennial report to the
governor concerning the activities of the agency;

(6) enter into agreements with other departments of the state as necessary to meet all
requirements of the federal government; deleted text beginand
deleted text end

(7) cooperate with the commissioner of education to enforce the requirements for
program integrity and fraud prevention for investigation for child care assistance under
chapter 119Bdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (8) require that the county or tribal case manager for any person who is notified that
their services will be terminated under section 245D.10, subdivision 3a, from residential
supports and services as defined in section 245D.03, subdivision 1, paragraph (c), clause
(3), develop an initial action plan within five business days of being notified of the
termination; request technical assistance from the state agency; and proceed to promptly
work to resolve the issues that led to the termination or arrange for alternative services as
expeditiously as possible within the 60-day notice period.
new text end

(b) The state agency may:

(1) subpoena witnesses and administer oaths, make rules, and take such action as
may be necessary or desirable for carrying out the provisions of Laws 1937, chapter 438.
All rules made by the state agency shall be binding on the counties and shall be complied
with by the respective county agencies;

(2) cooperate with other state agencies in establishing reciprocal agreements in
instances where a child receiving Minnesota family investment program assistance moves
or contemplates moving into or out of the state, in order that the child may continue
to receive supervised aid from the state moved from until the child has resided for one
year in the state moved to; and

(3) administer oaths and affirmations, take depositions, certify to official acts, and
issue subpoenas to compel the attendance of individuals and the production of documents
and other personal property necessary in connection with the administration of programs
administered by the Department of Human Services.

(c) The fees for service of a subpoena in paragraph (b), clause (3), must be paid in
the same manner as prescribed by law for a service of process issued by a district court.
Witnesses must receive the same fees and mileage as in civil actions.

(d) The subpoena in paragraph (b), clause (3), shall be enforceable through the
district court in the district where the subpoena is issued.

Sec. 7.

Minnesota Statutes 2014, section 256.045, subdivision 3, is amended to read:


Subd. 3.

State agency hearings.

(a) State agency hearings are available for the
following:

(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or
the federal Food Stamp Act whose application for assistance is denied, not acted upon
with reasonable promptness, or whose assistance is suspended, reduced, terminated, or
claimed to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by a
lead investigative agency to have maltreated a vulnerable adult under section 626.557 after
they have exercised their right to administrative reconsideration under section 626.557;

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section 626.556 is denied or not
acted upon with reasonable promptness, regardless of funding source;

(6) any person to whom a right of appeal according to this section is given by other
provision of law;

(7) an applicant aggrieved by an adverse decision to an application for a hardship
waiver under section 256B.15;

(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(9) except as provided under chapter 245A, an individual or facility determined
to have maltreated a minor under section 626.556, after the individual or facility has
exercised the right to administrative reconsideration under section 626.556;

(10) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that
the individual has committed an act or acts that meet the definition of any of the crimes
listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports required
under section 626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a
maltreatment determination under clause (4) or (9) and a disqualification under this clause
in which the basis for a disqualification is serious or recurring maltreatment, shall be
consolidated into a single fair hearing. In such cases, the scope of review by the human
services judge shall include both the maltreatment determination and the disqualification.
The failure to exercise the right to an administrative reconsideration shall not be a bar to a
hearing under this section if federal law provides an individual the right to a hearing to
dispute a finding of maltreatment; deleted text beginor
deleted text end

(11) any person with an outstanding debt resulting from receipt of public assistance,
medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the
validity of the claimant agency's intention to request a setoff of a refund under chapter
270A against the debtdeleted text begin.deleted text endnew text begin;
new text end

new text begin (12) a person issued a notice of service termination under section 245D.10,
subdivision 3a, from residential supports and services as defined in section 245D.03,
subdivision 1, paragraph (c), clause (3), that is not otherwise subject to appeal under
subdivision 4a; or
new text end

new text begin (13) an individual disability waiver recipient based on a denial of a request for a
rate exception under section 256B.4914.
new text end

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or
(10), is the only administrative appeal to the final agency determination specifically,
including a challenge to the accuracy and completeness of data under section 13.04.
Hearings requested under paragraph (a), clause (4), apply only to incidents of maltreatment
that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing
homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a
contested case proceeding under the provisions of chapter 14. Hearings requested under
paragraph (a), clause (9), apply only to incidents of maltreatment that occur on or after
July 1, 1997. A hearing for an individual or facility under paragraph (a), clauses (4), (9),
and (10), is only available when there is no district court action pending. If such action is
filed in district court while an administrative review is pending that arises out of some
or all of the events or circumstances on which the appeal is based, the administrative
review must be suspended until the judicial actions are completed. If the district court
proceedings are completed, dismissed, or overturned, the matter may be considered in
an administrative hearing.

(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

(d) The scope of hearings involving claims to foster care payments under paragraph
(a), clause (5), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.

new text begin (e) The scope of hearings under paragraph (a), clause (12), shall be limited to whether
the proposed termination of services is authorized under section 245D.10, subdivision 3a,
paragraph (b), and whether the requirements of section 245D.10, subdivision 3a, paragraph
(c), were met. If the appeal includes a request for a temporary stay of termination of
services, the scope of the hearing shall also include whether the case management provider
has finalized arrangements for a residential facility, a program, or services that will meet
the assessed needs of the recipient by the effective date of the service termination.
new text end

deleted text begin (e)deleted text endnew text begin (f)new text end A vendor of medical care as defined in section 256B.02, subdivision 7, or a
vendor under contract with a county agency to provide social services is not a party and