1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; making changes to 1.3 licensing provisions; clarifying a mental health case 1.4 management provision; changing a provision under child 1.5 welfare targeted case management; amending Minnesota 1.6 Statutes 2002, sections 245.4881, subdivision 1; 1.7 245.814, subdivision 1; 245A.02, subdivisions 2a, 5a, 1.8 7, 10, 14, by adding a subdivision; 245A.03, 1.9 subdivision 3; 245A.04, subdivisions 5, 6, 7, by 1.10 adding a subdivision; 245A.05; 245A.06, subdivisions 1.11 2, 4; 245A.07, subdivisions 2, 2a, 3; 245A.08, 1.12 subdivision 5; 245A.16, subdivision 4; 245A.22, 1.13 subdivision 2; 245B.02, by adding a subdivision; 1.14 245B.05, subdivision 2; 245B.07, subdivisions 8, 12; 1.15 252.28, subdivision 1; 256F.10, subdivision 5; 1.16 Minnesota Statutes 2003 Supplement, sections 241.021, 1.17 subdivision 6; 245A.03, subdivision 2; 245A.04, 1.18 subdivision 1; 245A.08, subdivisions 1, 2a; 245A.085; 1.19 245A.11, subdivision 2b; 245A.16, subdivision 1; 1.20 245A.22, subdivision 3; 245C.02, subdivision 18; 1.21 245C.03, subdivision 1, by adding a subdivision; 1.22 245C.05, subdivisions 1, 2, 5, 6; 245C.08, 1.23 subdivisions 2, 3, 4; 245C.09, subdivision 1; 245C.13, 1.24 subdivision 1; 245C.14, subdivision 1; 245C.15, 1.25 subdivisions 2, 3, 4; 245C.16, subdivision 1; 245C.17, 1.26 subdivisions 1, 3; 245C.18; 245C.20; 245C.21, 1.27 subdivision 3, by adding a subdivision; 245C.22, 1.28 subdivisions 3, 4, 5, 6; 245C.23, subdivisions 1, 2; 1.29 245C.25; 245C.26; 245C.27, subdivisions 1, 2; 245C.28, 1.30 subdivisions 1, 2, 3; 245C.29, subdivision 2; 256.045, 1.31 subdivisions 3, 3b; 256B.0596; 626.556, subdivision 1.32 10i; 626.557, subdivision 9d; proposing coding for new 1.33 law in Minnesota Statutes, chapters 245A; 245B; 1.34 repealing Minnesota Statutes 2003 Supplement, section 1.35 245C.02, subdivision 17; Minnesota Rules, parts 1.36 9525.1600; 9543.0040, subpart 3; 9543.1000; 9543.1010; 1.37 9543.1020; 9543.1030; 9543.1040; 9543.1050; 9543.1060. 1.38 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.39 ARTICLE 1 1.40 HUMAN SERVICES 1.41 Section 1. Minnesota Statutes 2002, section 245.814, 2.1 subdivision 1, is amended to read: 2.2 Subdivision 1. [INSURANCE FOR FOSTER HOME PROVIDERS.] The 2.3 commissioner of human services shall within the appropriation 2.4 provided purchase and provide insurance to individuals licensed 2.5 as foster home providers to cover their liability for: 2.6 (1) injuries or property damage caused or sustained by 2.7 persons in foster care in their home; and 2.8 (2) actions arising out of alienation of affections 2.9 sustained by the birth parents of a foster child or birth 2.10 parents or children of a foster adult. 2.11 For purposes of this subdivision, insurance for homes 2.12 licensed to provide adult foster care shall be limited to family 2.13 adult foster care homes as defined in section 144D.01, 2.14 subdivision 7, and family adult day services licensed under 2.15 section 245A.143. 2.16 Sec. 2. Minnesota Statutes 2002, section 245A.02, 2.17 subdivision 2a, is amended to read: 2.18 Subd. 2a. [ADULT DAY CARE OR FAMILY ADULT DAY SERVICES.] 2.19 "Adult day care,"means"adult day services," and "family adult 2.20 day services" mean a program operating less than 24 hours per 2.21 day that provides functionally impaired adults with an 2.22 individualized and coordinated set of services including health 2.23 services, social services, and nutritional services that are 2.24 directed at maintaining or improving the participants' 2.25 capabilities for self-care. Adult day caredoes, adult day 2.26 services, and family adult day services do not include programs 2.27 where adults gather or congregate primarily for purposes of 2.28 socialization, education, supervision, caregiver respite, 2.29 religious expression, exercise, or nutritious meals. 2.30 Sec. 3. Minnesota Statutes 2002, section 245A.02, 2.31 subdivision 5a, is amended to read: 2.32 Subd. 5a. [CONTROLLING INDIVIDUAL.] "Controlling 2.33 individual" means a public body, governmental agency, business 2.34 entity, officer,program administrator, or directorowner, or 2.35 managerial official whose responsibilities include the direction 2.36 of the management or policies of a program.Controlling3.1individual also means an individual who, directly or indirectly,3.2beneficially owns an interest in a corporation, partnership, or3.3other business association that is a controlling individualFor 3.4 purposes of this subdivision, owner means an individual who has 3.5 direct or indirect ownership interest in a corporation, 3.6 partnership, or other business association issued a license 3.7 under this chapter. For purposes of this subdivision, 3.8 managerial official means those individuals who have the 3.9 decision-making authority related to the operation of the 3.10 program, and the responsibility for the ongoing management of or 3.11 direction of the policies, services, or employees of the 3.12 program. Controlling individual does not include: 3.13 (1) a bank, savings bank, trust company, savings 3.14 association, credit union, industrial loan and thrift company, 3.15 investment banking firm, or insurance company unless the entity 3.16 operates a program directly or through a subsidiary; 3.17 (2) an individual who is a state or federal official, or 3.18 state or federal employee, or a member or employee of the 3.19 governing body of a political subdivision of the state or 3.20 federal government that operates one or more programs, unless 3.21 the individual is also an officer, owner, ordirectormanagerial 3.22 official of the program, receives remuneration from the program, 3.23 or owns any of the beneficial interests not excluded in this 3.24 subdivision; 3.25 (3) an individual who owns less than five percent of the 3.26 outstanding common shares of a corporation: 3.27 (i) whose securities are exempt under section 80A.15, 3.28 subdivision 1, clause (f); or 3.29 (ii) whose transactions are exempt under section 80A.15, 3.30 subdivision 2, clause (b); or 3.31 (4) an individual who is a member of an organization exempt 3.32 from taxation under section 290.05, unless the individual is 3.33 also an officer, owner, ordirectormanagerial official of the 3.34 program or owns any of the beneficial interests not excluded in 3.35 this subdivision. This clause does not exclude from the 3.36 definition of controlling individual an organization that is 4.1 exempt from taxation. 4.2 Sec. 4. Minnesota Statutes 2002, section 245A.02, is 4.3 amended by adding a subdivision to read: 4.4 Subd. 6c. [FOSTER CARE FOR ADULTS.] "Foster care for 4.5 adults" means a program operating 24 hours a day that provides 4.6 functionally impaired adults with food, lodging, protection, 4.7 supervision, and household services in a residence, in addition 4.8 to services according to the individual service plans under 4.9 Minnesota Rules, part 9555.5105, subpart 18. 4.10 Sec. 5. Minnesota Statutes 2002, section 245A.02, 4.11 subdivision 7, is amended to read: 4.12 Subd. 7. [FUNCTIONAL IMPAIRMENT.] For the purposes of 4.13 adult day care, adult day services, family adult day services, 4.14 or adult foster care, "functional impairment" means: 4.15 (1) a condition that is characterized by substantial 4.16 difficulty in carrying out one or more of the essential major 4.17 activities of daily living, such as caring for oneself, 4.18 performing manual tasks, walking, seeing, hearing, speaking, 4.19 breathing, learning, working; or 4.20 (2) a disorder of thought or mood that significantly 4.21 impairs judgment, behavior, capacity to recognize reality, or 4.22 ability to cope with the ordinary demands of life and that 4.23 requires support to maintain independence in the community. 4.24 Sec. 6. Minnesota Statutes 2002, section 245A.02, 4.25 subdivision 10, is amended to read: 4.26 Subd. 10. [NONRESIDENTIAL PROGRAM.] "Nonresidential 4.27 program" means care, supervision, rehabilitation, training or 4.28 habilitation of a person provided outside the person's own home 4.29 and provided for fewer than 24 hours a day, including adult day 4.30 care programs;a nursing home that receives public funds to4.31provide services for five or more persons whose primary4.32diagnosis is mental retardation or a related condition or mental4.33illness and who do not have a significant physical or medical4.34problem that necessitates nursing home care; a nursing home or4.35hospital that was licensed by the commissioner on July 1, 1987,4.36to provide a program for persons with a physical handicap that5.1is not the result of the normal aging process and considered to5.2be a chronic condition;and chemical dependency or chemical 5.3 abuse programs that are located in a nursing home or hospital 5.4 and receive public funds for providing chemical abuse or 5.5 chemical dependency treatment services under chapter 254B. 5.6 Nonresidential programs include home and community-based 5.7 services and semi-independent living services for persons with 5.8 mental retardation or a related condition that are provided in 5.9 or outside of a person's own home. 5.10 Sec. 7. Minnesota Statutes 2002, section 245A.02, 5.11 subdivision 14, is amended to read: 5.12 Subd. 14. [RESIDENTIAL PROGRAM.] "Residential program" 5.13 means a program that provides 24-hour-a-day care, supervision, 5.14 food, lodging, rehabilitation, training, education, 5.15 habilitation, or treatment outside a person's own home, 5.16 includinga nursing home or hospital that receives public funds,5.17administered by the commissioner, to provide services for five5.18or more persons whose primary diagnosis is mental retardation or5.19a related condition or mental illness and who do not have a5.20significant physical or medical problem that necessitates5.21nursing home care;a program in an intermediate care facility 5.22 for four or more persons with mental retardation or a related 5.23 condition;a nursing home or hospital that was licensed by the5.24commissioner on July 1, 1987, to provide a program for persons5.25with a physical handicap that is not the result of the normal5.26aging process and considered to be a chronic condition;and 5.27 chemical dependency or chemical abuse programs that are located 5.28 in a hospital or nursing home and receive public funds for 5.29 providing chemical abuse or chemical dependency treatment 5.30 services under chapter 254B. Residential programs include home 5.31 and community-based services for persons with mental retardation 5.32 or a related condition that are provided in or outside of a 5.33 person's own home. 5.34 Sec. 8. Minnesota Statutes 2003 Supplement, section 5.35 245A.03, subdivision 2, is amended to read: 5.36 Subd. 2. [EXCLUSION FROM LICENSURE.] (a) This chapter does 6.1 not apply to: 6.2 (1) residential or nonresidential programs that are 6.3 provided to a person by an individual who is related unless the 6.4 residential program is a child foster care placement made by a 6.5 local social services agency or a licensed child-placing agency, 6.6 except as provided in subdivision 2a; 6.7 (2) nonresidential programs that are provided by an 6.8 unrelated individual to persons from a single related family; 6.9 (3) residential or nonresidential programs that are 6.10 provided to adults who do not abuse chemicals or who do not have 6.11 a chemical dependency, a mental illness, mental retardation or a 6.12 related condition, a functional impairment, or a physical 6.13 handicap; 6.14 (4) sheltered workshops or work activity programs that are 6.15 certified by the commissioner of economic security; 6.16 (5) programs operated by a public school for children 6.17enrolled in kindergarten to the 12th grade and prekindergarten6.18special education in a school as defined in section 120A.22,6.19subdivision 4, and programs serving children in combined special6.20education and regular prekindergarten programs that are operated6.21or assisted by the commissioner of education33 months or older; 6.22 (6) nonresidential programs primarily for children that 6.23 provide care or supervision, without charge for ten or fewer6.24days a year, andfor periods of less than three hours a day 6.25 while the child's parent or legal guardian is in the same 6.26 building as the nonresidential program or present within another 6.27 building that is directly contiguous to the building in which 6.28 the nonresidential program is located; 6.29 (7) nursing homes or hospitals licensed by the commissioner 6.30 of health except as specified under section 245A.02; 6.31 (8) board and lodge facilities licensed by the commissioner 6.32 of health that provide services for five or more persons whose 6.33 primary diagnosis is mental illnesswho have refused an6.34appropriate residential program offered by a county agencythat 6.35 do not provide intensive residential treatment; 6.36 (9) homes providing programs for persons placed there by a 7.1 licensed agency for legal adoption, unless the adoption is not 7.2 completed within two years; 7.3 (10) programs licensed by the commissioner of corrections; 7.4 (11) recreation programs for children or adults that 7.5operate for fewer than 40 calendar days in a calendar year or7.6programs operatedare operated or approved by a park and 7.7 recreation boardof a city of the first classwhose primary 7.8 purpose is to provide social and recreational activitiesto7.9school age children, provided the program is approved by the7.10park and recreation board; 7.11 (12) programs operated by a school as defined in section 7.12 120A.22, subdivision 4, whose primary purpose is to provide 7.13 child care to school-age children, provided the program is7.14approved by the district's school board; 7.15 (13) Head Start nonresidential programs which operate for 7.16 less than 31 days in each calendar year; 7.17 (14) noncertified boarding care homes unless they provide 7.18 services for five or more persons whose primary diagnosis is 7.19 mental illness or mental retardation; 7.20 (15) nonresidential programs fornonhandicappedchildren 7.21 provided for a cumulative total of less than 30 days in any 7.22 12-month period; 7.23 (16) residential programs for persons with mental illness, 7.24 that are located in hospitals, until the commissioner adopts7.25appropriate rules; 7.26 (17) the religious instruction of school-age children; 7.27 Sabbath or Sunday schools; or the congregate care of children by 7.28 a church, congregation, or religious society during the period 7.29 used by the church, congregation, or religious society for its 7.30 regular worship; 7.31 (18) camps licensed by the commissioner of health under 7.32 Minnesota Rules, chapter 4630; 7.33 (19) mental health outpatient services for adults with 7.34 mental illness or children with emotional disturbance; 7.35 (20) residential programs serving school-age children whose 7.36 sole purpose is cultural or educational exchange, until the 8.1 commissioner adopts appropriate rules; 8.2 (21) unrelated individuals who provide out-of-home respite 8.3 care services to persons with mental retardation or related 8.4 conditions from a single related family for no more than 90 days 8.5 in a 12-month period and the respite care services are for the 8.6 temporary relief of the person's family or legal representative; 8.7 (22) respite care services provided as a home and 8.8 community-based service to a person with mental retardation or a 8.9 related condition, in the person's primary residence; 8.10 (23) community support services programs as defined in 8.11 section 245.462, subdivision 6, and family community support 8.12 services as defined in section 245.4871, subdivision 17; 8.13 (24) the placement of a child by a birth parent or legal 8.14 guardian in a preadoptive home for purposes of adoption as 8.15 authorized by section 259.47; 8.16 (25) settings registered under chapter 144D which provide 8.17 home care services licensed by the commissioner of health to 8.18 fewer than seven adults; or 8.19 (26) consumer-directed community support service funded 8.20 under the Medicaid waiver for persons with mental retardation 8.21 and related conditions when the individual who provided the 8.22 service is: 8.23 (i) the same individual who is the direct payee of these 8.24 specific waiver funds or paid by a fiscal agent, fiscal 8.25 intermediary, or employer of record; and 8.26 (ii) not otherwise under the control of a residential or 8.27 nonresidential program that is required to be licensed under 8.28 this chapter when providing the service. 8.29 (b) For purposes of paragraph (a), clause (6), a building 8.30 is directly contiguous to a building in which a nonresidential 8.31 program is located if it shares a common wall with the building 8.32 in which the nonresidential program is located or is attached to 8.33 that building by skyway, tunnel, atrium, or common roof. 8.34 (c) Nothing in this chapter shall be construed to require 8.35 licensure for any services provided and funded according to an 8.36 approved federal waiver plan where licensure is specifically 9.1 identified as not being a condition for the services and funding. 9.2 Sec. 9. Minnesota Statutes 2002, section 245A.03, 9.3 subdivision 3, is amended to read: 9.4 Subd. 3. [UNLICENSED PROGRAMS.] (a) It is a misdemeanor 9.5 for an individual, corporation, partnership, voluntary 9.6 association, other organization, or a controlling individual to 9.7 provide a residential or nonresidential program without a 9.8 license and in willful disregard of this chapter unless the 9.9 program is excluded from licensure under subdivision 2. 9.10 (b)If, after receiving notice that a license is required,9.11the individual, corporation, partnership, voluntary association,9.12other organization, or controlling individual has failed to9.13apply for a license,The commissioner may ask the appropriate 9.14 county attorney or the attorney general to begin proceedings to 9.15 secure a court order against the continued operation of the 9.16 program, if an individual, corporation, partnership, voluntary 9.17 association, other organization, or controlling individual has: 9.18 (1) failed to apply for a license after receiving notice 9.19 that a license is required; 9.20 (2) continued to operate without a license after the 9.21 license has been revoked or suspended under section 245A.07, and 9.22 the commissioner has issued a final order affirming the 9.23 revocation or suspension, or the license holder did not timely 9.24 appeal the sanction; or 9.25 (3) continued to operate without a license after the 9.26 license has been temporarily suspended under section 245A.07. 9.27 The county attorney and the attorney general have a duty to 9.28 cooperate with the commissioner. 9.29 Sec. 10. Minnesota Statutes 2003 Supplement, section 9.30 245A.04, subdivision 1, is amended to read: 9.31 Subdivision 1. [APPLICATION FOR LICENSURE.] (a) An 9.32 individual, corporation, partnership, voluntary association, 9.33 other organization or controlling individual that is subject to 9.34 licensure under section 245A.03 must apply for a license. The 9.35 application must be made on the forms and in the manner 9.36 prescribed by the commissioner. The commissioner shall provide 10.1 the applicant with instruction in completing the application and 10.2 provide information about the rules and requirements of other 10.3 state agencies that affect the applicant. An applicant seeking 10.4 licensure in Minnesota with headquarters outside of Minnesota 10.5 must have a program office located within the state. 10.6 The commissioner shall act on the application within 90 10.7 working days after a complete application and any required 10.8 reports have been received from other state agencies or 10.9 departments, counties, municipalities, or other political 10.10 subdivisions. The commissioner shall not consider an 10.11 application to be complete until the commissioner receives all 10.12 of the information required under section 245C.05. 10.13 (b) An application for licensure must specify one or more 10.14 controlling individuals as an agent who is responsible for 10.15 dealing with the commissioner of human services on all matters 10.16 provided for in this chapter and on whom service of all notices 10.17 and orders must be made. The agent must be authorized to accept 10.18 service on behalf of all of the controlling individuals of the 10.19 program. Service on the agent is service on all of the 10.20 controlling individuals of the program. It is not a defense to 10.21 any action arising under this chapter that service was not made 10.22 on each controlling individual of the program. The designation 10.23 of one or more controlling individuals as agents under this 10.24 paragraph does not affect the legal responsibility of any other 10.25 controlling individual under this chapter. 10.26 (c) An applicant or license holder must have a policy that 10.27 prohibits license holders, employees, subcontractors, and 10.28 volunteers, when directly responsible for persons served by the 10.29 program, from abusing prescription medication or being in any 10.30 manner under the influence of a chemical that impairs the 10.31 individual's ability to provide services or care. The license 10.32 holder must train employees, subcontractors, and volunteers 10.33 about the program's drug and alcohol policy. 10.34 (d) An applicant and license holder must have a program 10.35 grievance procedure that permits persons served by the program 10.36 and their authorized representatives to bring a grievance to the 11.1 highest level of authority in the program. 11.2 Sec. 11. Minnesota Statutes 2002, section 245A.04, 11.3 subdivision 5, is amended to read: 11.4 Subd. 5. [COMMISSIONER'S RIGHT OF ACCESS.] When the 11.5 commissioner is exercising the powers conferred by this 11.6 chapter and section 245.69, the commissioner must be given 11.7 access to the physical plant and grounds where the program is 11.8 provided, documents, persons served by the program, and staff 11.9 whenever the program is in operation and the information is 11.10 relevant to inspections or investigations conducted by the 11.11 commissioner. The commissioner must be given access without 11.12 prior notice and as often as the commissioner considers 11.13 necessary if the commissioner is conducting an investigation of 11.14 allegations of maltreatment or other violation of applicable 11.15 laws or rules. In conducting inspections, the commissioner may 11.16 request and shall receive assistance from other state, county, 11.17 and municipal governmental agencies and departments. The 11.18 applicant or license holder shall allow the commissioner to 11.19 photocopy, photograph, and make audio and video tape recordings 11.20 during the inspection of the program at the commissioner's 11.21 expense. The commissioner shall obtain a court order or the 11.22 consent of the subject of the records or the parents or legal 11.23 guardian of the subject before photocopying hospital medical 11.24 records. 11.25 Persons served by the program have the right to refuse to 11.26 consent to be interviewed, photographed, or audio or videotaped. 11.27 Failure or refusal of an applicant or license holder to fully 11.28 comply with this subdivision is reasonable cause for the 11.29 commissioner to deny the application or immediately suspend or 11.30 revoke the license. 11.31 Sec. 12. Minnesota Statutes 2002, section 245A.04, 11.32 subdivision 6, is amended to read: 11.33 Subd. 6. [COMMISSIONER'S EVALUATION.] Before issuing, 11.34 denying, suspending, revoking, or making conditional a license, 11.35 the commissioner shall evaluate information gathered under this 11.36 section. The commissioner's evaluation shall consider facts, 12.1 conditions, or circumstances concerning the program's operation, 12.2 the well-being of persons served by the program, available 12.3 consumer evaluations of the program, and information about the 12.4 qualifications of the personnel employed by the applicant or 12.5 license holder. 12.6 The commissioner shall evaluate the results of the study 12.7 required in subdivision 3 and determine whether a risk of harm 12.8 to the persons served by the program exists. In conducting this 12.9 evaluation, the commissioner shall apply the disqualification 12.10 standards set forth inrules adopted under thischapter 245C. 12.11 Sec. 13. Minnesota Statutes 2002, section 245A.04, 12.12 subdivision 7, is amended to read: 12.13 Subd. 7. [ISSUANCE OF A LICENSE; EXTENSION OF A LICENSE.] 12.14 (a) If the commissioner determines that the program complies 12.15 with all applicable rules and laws, the commissioner shall issue 12.16 a license. At minimum, the license shall state: 12.17 (1) the name of the license holder; 12.18 (2) the address of the program; 12.19 (3) the effective date and expiration date of the license; 12.20 (4) the type of license; 12.21 (5) the maximum number and ages of persons that may receive 12.22 services from the program; and 12.23 (6) any special conditions of licensure. 12.24 (b) The commissioner may issue an initial license for a 12.25 period not to exceed two years if: 12.26 (1) the commissioner is unable to conduct the evaluation or 12.27 observation required by subdivision 4, paragraph (a), clauses (3) 12.28 and (4), because the program is not yet operational; 12.29 (2) certain records and documents are not available because 12.30 persons are not yet receiving services from the program; and 12.31 (3) the applicant complies with applicable laws and rules 12.32 in all other respects. 12.33 (c) A decision by the commissioner to issue a license does 12.34 not guarantee that any person or persons will be placed or cared 12.35 for in the licensed program. A license shall not be 12.36 transferable to another individual, corporation, partnership, 13.1 voluntary association, other organization, or controlling or to 13.2 another location. 13.3 (d) A license holder must notify the commissioner and 13.4 obtain the commissioner's approval before making any changes 13.5 that would alter the license information listed under paragraph 13.6 (a). 13.7 (e) The commissioner shall not issue a license if the 13.8 applicant, license holder, or controlling individual has: 13.9 (1) been disqualified and the disqualification was not set 13.10 aside; 13.11 (2) has been denied a license within the past two years; or 13.12 (3) had a license revoked within the past five years. 13.13 For purposes of reimbursement for meals only, under the 13.14 Child and Adult Care Food Program, Code of Federal Regulations, 13.15 title 7, subtitle B, chapter II, subchapter A, part 226, 13.16 relocation within the same county by a licensed family day care 13.17 provider, shall be considered an extension of the license for a 13.18 period of no more than 30 calendar days or until the new license 13.19 is issued, whichever occurs first, provided the county agency 13.20 has determined the family day care provider meets licensure 13.21 requirements at the new location. 13.22 Unless otherwise specified by statute, all licenses expire 13.23 at 12:01 a.m. on the day after the expiration date stated on the 13.24 license. A license holder must apply for and be granted a new 13.25 license to operate the program or the program must not be 13.26 operated after the expiration date. 13.27 Sec. 14. Minnesota Statutes 2002, section 245A.04, is 13.28 amended by adding a subdivision to read: 13.29 Subd. 13. [RESIDENTIAL PROGRAMS HANDLING RESIDENT FUNDS 13.30 AND PROPERTY; ADDITIONAL REQUIREMENTS.] (a) A license holder 13.31 must ensure that residents retain the use and availability of 13.32 personal funds or property unless restrictions are justified in 13.33 the resident's individual plan. 13.34 (b) The license holder must ensure separation of resident 13.35 funds from funds of the license holder, the residential program, 13.36 or program staff. 14.1 (c) Whenever the license holder assists a resident with the 14.2 safekeeping of funds or other property, the license holder must: 14.3 (1) immediately document receipt and disbursement of the 14.4 resident's funds or other property at the time of receipt or 14.5 disbursement, including the signature of the resident, 14.6 conservator, or payee; 14.7 (2) provide a statement, at least quarterly, itemizing 14.8 receipts and disbursements of resident funds or other property; 14.9 and 14.10 (3) return to the resident upon the resident's request, 14.11 funds and property in the license holder's possession subject to 14.12 restrictions in the resident's treatment plan, as soon as 14.13 possible, but no later than three working days after the date of 14.14 request. 14.15 (d) License holders and program staff must not: 14.16 (1) borrow money from a resident; 14.17 (2) purchase personal items from a resident; 14.18 (3) sell merchandise or personal services to a resident; 14.19 (4) require a resident to purchase items for which the 14.20 license holder is eligible for reimbursement; or 14.21 (5) use resident funds to purchase items for which the 14.22 facility is already receiving public or private payments. 14.23 Sec. 15. Minnesota Statutes 2002, section 245A.05, is 14.24 amended to read: 14.25 245A.05 [DENIAL OF APPLICATION.] 14.26 The commissioner may deny a license if an applicant fails 14.27 to comply with applicable laws or rules, or knowingly withholds 14.28 relevant information from or gives false or misleading 14.29 information to the commissioner in connection with an 14.30 application for a license or during an investigation. An 14.31 applicant whose application has been denied by the commissioner 14.32 must be given notice of the denial. Notice must be given by 14.33 certified mail or personal service. The notice must state the 14.34 reasons the application was denied and must inform the applicant 14.35 of the right to a contested case hearing under chapter 14 and 14.36 Minnesota Rules, parts1400.85101400.8505 to 1400.8612and15.1successor rules. The applicant may appeal the denial by 15.2 notifying the commissioner in writing by certified mail or 15.3 personal service within 20 calendar days after receiving notice 15.4 that the application was denied. Section 245A.08 applies to 15.5 hearings held to appeal the commissioner's denial of an 15.6 application. 15.7 Sec. 16. Minnesota Statutes 2002, section 245A.06, 15.8 subdivision 2, is amended to read: 15.9 Subd. 2. [RECONSIDERATION OF CORRECTION ORDERS.] If the 15.10 applicant or license holder believes that the contents of the 15.11 commissioner's correction order are in error, the applicant or 15.12 license holder may ask the Department of Human Services to 15.13 reconsider the parts of the correction order that are alleged to 15.14 be in error. The request for reconsideration must be made in 15.15 writing andreceived bymust be postmarked and sent to the 15.16 commissioner within 20 calendar days after receipt of the 15.17 correction order by the applicant or license holder, and: 15.18 (1) specify the parts of the correction order that are 15.19 alleged to be in error; 15.20 (2) explain why they are in error; and 15.21 (3) include documentation to support the allegation of 15.22 error. 15.23 A request for reconsideration does not stay any provisions 15.24 or requirements of the correction order. The commissioner's 15.25 disposition of a request for reconsideration is final and not 15.26 subject to appeal under chapter 14. 15.27 Sec. 17. Minnesota Statutes 2002, section 245A.06, 15.28 subdivision 4, is amended to read: 15.29 Subd. 4. [NOTICE OF CONDITIONAL LICENSE; RECONSIDERATION 15.30 OF CONDITIONAL LICENSE.] If a license is made conditional, the 15.31 license holder must be notified of the order by certified 15.32 mail or personal service. If mailed, the notice must be mailed 15.33 to the address shown on the application or the last known 15.34 address of the license holder. The notice must state the 15.35 reasons the conditional license was ordered and must inform the 15.36 license holder of the right to request reconsideration of the 16.1 conditional license by the commissioner. The license holder may 16.2 request reconsideration of the order of conditional license by 16.3 notifying the commissioner by certified mail or personal 16.4 service. The request must be made in writingand. If sent by 16.5 certified mail, the request must bereceived bypostmarked and 16.6 sent to the commissioner within ten calendar days after the 16.7 license holder received the order. If a request is made by 16.8 personal service, it must be received by the commissioner within 16.9 ten calendar days after the license holder received the order. 16.10 The license holder may submit with the request for 16.11 reconsideration written argument or evidence in support of the 16.12 request for reconsideration. A timely request for 16.13 reconsideration shall stay imposition of the terms of the 16.14 conditional license until the commissioner issues a decision on 16.15 the request for reconsideration. If the commissioner issues a 16.16 dual order of conditional license under this section and an 16.17 order to pay a fine under section 245A.07, subdivision 3, the 16.18 license holder has a right to a contested case hearing under 16.19 chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. 16.20 The scope of the contested case hearing shall include the fine 16.21 and the conditional license. In this case, a reconsideration of 16.22 the conditional license will not be conducted under this section. 16.23 The commissioner's disposition of a request for 16.24 reconsideration is final and not subject to appeal under chapter 16.25 14. 16.26 Sec. 18. Minnesota Statutes 2002, section 245A.07, 16.27 subdivision 2, is amended to read: 16.28 Subd. 2. [TEMPORARY IMMEDIATE SUSPENSION.] If the license 16.29 holder's actions or failure to comply with applicable law or 16.30 ruleposes, or the actions of other individuals or conditions in 16.31 the program pose an imminent risk of harm to the health, safety, 16.32 or rights of persons served by the program, the commissioner 16.33 shall act immediately to temporarily suspend the license. No 16.34 state funds shall be made available or be expended by any agency 16.35 or department of state, county, or municipal government for use 16.36 by a license holder regulated under this chapter while a license 17.1 is under immediate suspension. A notice stating the reasons for 17.2 the immediate suspension and informing the license holder of the 17.3 right to an expedited hearing under chapter 14 and Minnesota 17.4 Rules, parts1400.85101400.8505 to 1400.8612and successor17.5rules, must be delivered by personal service to the address 17.6 shown on the application or the last known address of the 17.7 license holder. The license holder may appeal an order 17.8 immediately suspending a license. The appeal of an order 17.9 immediately suspending a license must be made in writing by 17.10 certified mailandor personal service. If mailed, the appeal 17.11 must be postmarked and sent to the commissioner within five 17.12 calendar days after the license holder receives notice that the 17.13 license has been immediately suspended. If a request is made by 17.14 personal service, it must be received by the commissioner within 17.15 five calendar days after the license holder received the order. 17.16 A license holder and any controlling individual shall 17.17 discontinue operation of the program upon receipt of the 17.18 commissioner's order to immediately suspend the license. 17.19 Sec. 19. Minnesota Statutes 2002, section 245A.07, 17.20 subdivision 2a, is amended to read: 17.21 Subd. 2a. [IMMEDIATE SUSPENSION EXPEDITED HEARING.] (a) 17.22 Within five working days of receipt of the license holder's 17.23 timely appeal, the commissioner shall request assignment of an 17.24 administrative law judge. The request must include a proposed 17.25 date, time, and place of a hearing. A hearing must be conducted 17.26 by an administrative law judge within 30 calendar days of the 17.27 request for assignment, unless an extension is requested by 17.28 either party and granted by the administrative law judge for 17.29 good cause. The commissioner shall issue a notice of hearing by 17.30 certified mail or personal service at least ten working days 17.31 before the hearing. The scope of the hearing shall be limited 17.32 solely to the issue of whether the temporary immediate 17.33 suspension should remain in effect pending the commissioner's 17.34 final order under section 245A.08, regarding a licensing 17.35 sanction issued under subdivision 3 following the immediate 17.36 suspension. The burden of proof in expedited hearings under 18.1 this subdivision shall be limited to the commissioner's 18.2 demonstration that reasonable cause exists to believe that the 18.3 license holder's actions or failure to comply with applicable 18.4 law or rule poses an imminent risk of harm to the health, 18.5 safety, or rights of persons served by the program. 18.6 (b) The administrative law judge shall issue findings of 18.7 fact, conclusions, and a recommendation within ten working days 18.8 from the date of hearing. The parties shall have ten calendar 18.9 days to submit exceptions to the administrative law judge's 18.10 report. The record shall close at the end of the ten-day period 18.11 for submission of exceptions. The commissioner's final order 18.12 shall be issued within ten working days fromreceipt of the18.13recommendation of the administrative law judgethe close of the 18.14 record. Within 90 calendar days after a final order affirming 18.15 an immediate suspension, the commissioner shall make a 18.16 determination regarding whether a final licensing sanction shall 18.17 be issued under subdivision 3. The license holder shall 18.18 continue to be prohibited from operation of the program during 18.19 this 90-day period. 18.20 (c) When the final order under paragraph (b) affirms an 18.21 immediate suspension, and a final licensing sanction is issued 18.22 under subdivision 3 and the license holder appeals that 18.23 sanction, the license holder continues to be prohibited from 18.24 operation of the program pending a final commissioner's order 18.25 under section 245A.08, subdivision 5, regarding the final 18.26 licensing sanction. 18.27 Sec. 20. Minnesota Statutes 2002, section 245A.07, 18.28 subdivision 3, is amended to read: 18.29 Subd. 3. [LICENSE SUSPENSION, REVOCATION, OR FINE.] The 18.30 commissioner may suspend or revoke a license, or impose a fine 18.31 if a license holder fails to comply fully with applicable laws 18.32 or rules, has a disqualification which has not been set aside 18.33 under section 245C.22, or knowingly withholds relevant 18.34 information from or gives false or misleading information to the 18.35 commissioner in connection with an application for a license, in 18.36 connection with the background study status of an individual, or 19.1 during an investigation. A license holder who has had a license 19.2 suspended, revoked, or has been ordered to pay a fine must be 19.3 given notice of the action by certified mail or personal 19.4 service. If mailed, the notice must be mailed to the address 19.5 shown on the application or the last known address of the 19.6 license holder. The notice must state the reasons the license 19.7 was suspended, revoked, or a fine was ordered. 19.8 (a) If the license was suspended or revoked, the notice 19.9 must inform the license holder of the right to a contested case 19.10 hearing under chapter 14 and Minnesota Rules, parts1400.851019.11 1400.8505 to 1400.8612and successor rules. The license holder 19.12 may appeal an order suspending or revoking a license. The 19.13 appeal of an order suspending or revoking a license must be made 19.14 in writing by certified mailandor personal service. If 19.15 mailed, the appeal must be postmarked and sent to the 19.16 commissioner within ten calendar days after the license holder 19.17 receives notice that the license has been suspended or revoked. 19.18 If a request is made by personal service, it must be received by 19.19 the commissioner within ten calendar days after the license 19.20 holder received the order. Except as provided in subdivision 19.21 2a, paragraph (c), a timely appeal of an order suspending or 19.22 revoking a license shall stay the suspension or revocation until 19.23 the commissioner issues a final order. 19.24 (b)(1) If the license holder was ordered to pay a fine, the 19.25 notice must inform the license holder of the responsibility for 19.26 payment of fines and the right to a contested case hearing under 19.27 chapter 14 and Minnesota Rules, parts1400.85101400.8505 to 19.28 1400.8612and successor rules. The appeal of an order to pay a 19.29 fine must be made in writing by certified mailandor personal 19.30 service. If mailed, the appeal must be postmarked and sent to 19.31 the commissioner within ten calendar days after the license 19.32 holder receives notice that the fine has been ordered. If a 19.33 request is made by personal service, it must be received by the 19.34 commissioner within ten calendar days after the license holder 19.35 received the order. 19.36 (2) The license holder shall pay the fines assessed on or 20.1 before the payment date specified. If the license holder fails 20.2 to fully comply with the order, the commissioner may issue a 20.3 second fine or suspend the license until the license holder 20.4 complies. If the license holder receives state funds, the 20.5 state, county, or municipal agencies or departments responsible 20.6 for administering the funds shall withhold payments and recover 20.7 any payments made while the license is suspended for failure to 20.8 pay a fine. A timely appeal shall stay payment of the fine 20.9 until the commissioner issues a final order. 20.10 (3) A license holder shall promptly notify the commissioner 20.11 of human services, in writing, when a violation specified in the 20.12 order to forfeit a fine is corrected. If upon reinspection the 20.13 commissioner determines that a violation has not been corrected 20.14 as indicated by the order to forfeit a fine, the commissioner 20.15 may issue a second fine. The commissioner shall notify the 20.16 license holder by certified mail or personal service that a 20.17 second fine has been assessed. The license holder may appeal 20.18 the second fine as provided under this subdivision. 20.19 (4) Fines shall be assessed as follows: the license holder 20.20 shall forfeit $1,000 for each determination of maltreatment of a 20.21 child under section 626.556 or the maltreatment of a vulnerable 20.22 adult under section 626.557; the license holder shall forfeit 20.23 $200 for each occurrence of a violation of law or rule governing 20.24 matters of health, safety, or supervision, including but not 20.25 limited to the provision of adequate staff-to-child or adult 20.26 ratios, and failure to submit a background study; and the 20.27 license holder shall forfeit $100 for each occurrence of a 20.28 violation of law or rule other than those subject to a $1,000 or 20.29 $200 fine above. For purposes of this section, "occurrence" 20.30 means each violation identified in the commissioner's fine order. 20.31 (5) When a fine has been assessed, the license holder may 20.32 not avoid payment by closing, selling, or otherwise transferring 20.33 the licensed program to a third party. In such an event, the 20.34 license holder will be personally liable for payment. In the 20.35 case of a corporation, each controlling individual is personally 20.36 and jointly liable for payment. 21.1 Sec. 21. Minnesota Statutes 2003 Supplement, section 21.2 245A.08, subdivision 1, is amended to read: 21.3 Subdivision 1. [RECEIPT OF APPEAL; CONDUCT OF HEARING.] 21.4 Upon receiving a timely appeal or petition pursuant to section 21.5 245A.05, 245A.07, subdivision 3, or 245C.28, the commissioner 21.6 shall issue a notice of and order for hearing to the appellant 21.7 under chapter 14 and Minnesota Rules, parts1400.85101400.8505 21.8 to 1400.8612and successor rules. 21.9 Sec. 22. Minnesota Statutes 2003 Supplement, section 21.10 245A.08, subdivision 2a, is amended to read: 21.11 Subd. 2a. [CONSOLIDATED CONTESTED CASE HEARINGS FOR 21.12 SANCTIONS BASED ON MALTREATMENT DETERMINATIONS AND 21.13 DISQUALIFICATIONS.] (a) When a denial of a license under section 21.14 245A.05 or a licensing sanction under section 245A.07, 21.15 subdivision 3, is based on a disqualification for which 21.16 reconsideration was requested and which was not set asideor was21.17not rescindedundersections 245C.21 to 245C.27section 245C.22, 21.18 the scope of the contested case hearing shall include the 21.19 disqualification and the licensing sanction or denial of a 21.20 license. When the licensing sanction or denial of a license is 21.21 based on a determination of maltreatment under section 626.556 21.22 or 626.557, or a disqualification for serious or recurring 21.23 maltreatment which was not set asideor was not rescinded, the 21.24 scope of the contested case hearing shall include the 21.25 maltreatment determination, disqualification, and the licensing 21.26 sanction or denial of a license. In such cases, a fair hearing 21.27 under section 256.045 shall not be conducted as provided for in 21.28 sections 626.556, subdivision 10i, and 626.557, subdivision 9d. 21.29 (b) In consolidated contested case hearings regarding 21.30 sanctions issued in family child care, child foster care, and 21.31 adult foster care, the county attorney shall defend the 21.32 commissioner's orders in accordance with section 245A.16, 21.33 subdivision 4. 21.34 (c) The commissioner's final order under subdivision 5 is 21.35 the final agency action on the issue of maltreatment and 21.36 disqualification, including for purposes of subsequent 22.1 background studies under chapter 245C and is the only 22.2 administrative appeal of the final agency determination, 22.3 specifically, including a challenge to the accuracy and 22.4 completeness of data under section 13.04. 22.5 (d) When consolidated hearings under this subdivision 22.6 involve a licensing sanction based on a previous maltreatment 22.7 determination for which the commissioner has issued a final 22.8 order in an appeal of that determination under section 256.045, 22.9 or the individual failed to exercise the right to appeal the 22.10 previous maltreatment determination under section 626.556, 22.11 subdivision 10i, or 626.557, subdivision 9d, the commissioner's 22.12 order is conclusive on the issue of maltreatment. In such 22.13 cases, the scope of the administrative law judge's review shall 22.14 be limited to the disqualification and the licensing sanction or 22.15 denial of a license. In the case of a denial of a license or a 22.16 licensing sanction issued to a facility based on a maltreatment 22.17 determination regarding an individual who is not the license 22.18 holder or a household member, the scope of the administrative 22.19 law judge's review includes the maltreatment determination. 22.20 (e) If a maltreatment determination or disqualification, 22.21 which was not set asideor was not rescindedundersections22.22245C.21 to 245C.27section 245C.22, is the basis for a denial of 22.23 a license under section 245A.05 or a licensing sanction under 22.24 section 245A.07, and the disqualified subject is an individual 22.25 other than the license holder and upon whom a background study 22.26 must be conducted under section 245C.03, the hearings of all 22.27 parties may be consolidated into a single contested case hearing 22.28 upon consent of all parties and the administrative law judge. 22.29 Sec. 23. Minnesota Statutes 2002, section 245A.08, 22.30 subdivision 5, is amended to read: 22.31 Subd. 5. [NOTICE OF THE COMMISSIONER'S FINAL ORDER.] After 22.32 considering the findings of fact, conclusions, and 22.33 recommendations of the administrative law judge, the 22.34 commissioner shall issue a final order. The commissioner shall 22.35 consider, but shall not be bound by, the recommendations of the 22.36 administrative law judge. The appellant must be notified of the 23.1 commissioner's final order as required by chapter 14 and 23.2 Minnesota Rules, parts1400.85101400.8505 to 1400.8612and23.3successor rules. The notice must also contain information about 23.4 the appellant's rights under chapter 14 and Minnesota Rules, 23.5 parts1400.85101400.8505 to 1400.8612and successor rules. The 23.6 institution of proceedings for judicial review of the 23.7 commissioner's final order shall not stay the enforcement of the 23.8 final order except as provided in section 14.65. A license 23.9 holder and each controlling individual of a license holder whose 23.10 license has been revoked because of noncompliance with 23.11 applicable law or rule must not be granted a license for five 23.12 years following the revocation. An applicant whose application 23.13 was denied must not be granted a license for two years following 23.14 a denial, unless the applicant's subsequent application contains 23.15 new information which constitutes a substantial change in the 23.16 conditions that caused the previous denial. 23.17 Sec. 24. Minnesota Statutes 2003 Supplement, section 23.18 245A.085, is amended to read: 23.19 245A.085 [CONSOLIDATION OF HEARINGS; RECONSIDERATION.] 23.20 Hearings authorized under this chapter, chapter 245C, and 23.21 sections 256.045, 626.556, and 626.557, shall be consolidated if 23.22 feasible and in accordance with other applicable statutes and 23.23 rules. Reconsideration under sections 245C.28; 626.556, 23.24 subdivision 10i; and 626.557, subdivision 9d, shall also be 23.25 consolidated if feasible. 23.26 Sec. 25. Minnesota Statutes 2003 Supplement, section 23.27 245A.11, subdivision 2b, is amended to read: 23.28 Subd. 2b. [ADULT FOSTER CARE; FAMILY ADULT DAYCARE23.29 SERVICES.] An adult foster care license holder licensed under 23.30 the conditions in subdivision 2a may also provide family adult 23.31 day care for adults age 55 or over if no persons in the adult 23.32 foster oradultfamily adult daycareservices program have a 23.33 serious and persistent mental illness or a developmental 23.34 disability.The maximum combined capacity for adult foster care23.35and family adult day care is five adults, except that the23.36commissioner may grant a variance for a family adult day care24.1provider to admit up to seven individuals for day care services24.2and one individual for respite care services, if all of the24.3following requirements are met: (1) the variance complies with24.4section 245A.04, subdivision 9; (2) a second caregiver is24.5present whenever six or more clients are being served; and (3)24.6the variance is recommended by the county social service agency24.7in the county where the provider is located. A separate license24.8is not required to provide family adult day care under this24.9subdivision.Family adult day services provided in a licensed 24.10 adult foster care setting must be provided as specified under 24.11 section 245A.143. Authorization to provide family adult day 24.12 services in the adult foster care setting shall be printed on 24.13 the license certificate by the commissioner. Adult foster care 24.14 homesproviding services to five adultslicensed under this 24.15 section and family adult day services licensed under section 24.16 245A.143 shall not be subject to licensure by the commissioner 24.17 of health under the provisions of chapter 144, 144A, 157, or any 24.18 other law requiring facility licensure by the commissioner of 24.19 health. 24.20 Sec. 26. [245A.143] [FAMILY ADULT DAY SERVICES.] 24.21 Subdivision 1. [SCOPE.] (a) The licensing standards in 24.22 this section must be met to obtain and maintain a license to 24.23 provide family adult day services. For the purposes of this 24.24 section, family adult day services means a program operating 24.25 fewer than 24 hours per day that provides functionally impaired 24.26 adults, none of which are under age 55, have serious or 24.27 persistent mental illness, or have mental retardation or a 24.28 related condition, with an individualized and coordinated set of 24.29 services including health services, social services, and 24.30 nutritional services that are directed at maintaining or 24.31 improving the participants' capabilities for self-care. 24.32 (b) A family adult day services license shall only be 24.33 issued when the services are provided in the license holder's 24.34 primary residence, and the license holder is the primary 24.35 provider of care. The license holder may not serve more than 24.36 eight adults at one time, including residents, if any, served 25.1 under a license issued under Minnesota Rules, parts 9555.5105 to 25.2 9555.6265. 25.3 (c) An adult foster care license holder may provide family 25.4 adult day services if the license holder meets the requirements 25.5 of this section. 25.6 (d) When an applicant or license holder submits an 25.7 application for initial licensure or relicensure for both adult 25.8 foster care and family adult day services, the county agency 25.9 shall process the request as a single application and shall 25.10 conduct concurrent routine licensing inspections. 25.11 (e) Adult foster care license holders providing family 25.12 adult day services under their foster care license on March 30, 25.13 2004, shall be permitted to continue providing these services 25.14 with no additional requirements until their adult foster care 25.15 license is due for renewal. At the time of relicensure, an 25.16 adult foster care license holder may continue to provide family 25.17 adult day services upon demonstration of compliance with this 25.18 section. Adult foster care license holders who provide only 25.19 family adult day services on August 1, 2004, may apply for a 25.20 license under this section instead of an adult foster care 25.21 license. 25.22 Subd. 2. [DEFINITIONS.] (a) For the purposes of this 25.23 section, the terms defined in this subdivision have the 25.24 following meanings unless otherwise provided for by text. 25.25 (b) [CAREGIVER.] "Caregiver" means a spouse, adult child, 25.26 parent, relative, friend, or others who normally provide unpaid 25.27 support or care to the individual needing assistance. For the 25.28 purpose of this section, the caregiver may or may not have legal 25.29 or financial responsibility for the participant. 25.30 (c) [PARTICIPANT.] "Participant" means a functionally 25.31 impaired adult receiving family adult day services. 25.32 (d) [CONSULTATION BY A HEALTH CARE 25.33 PROFESSIONAL.] "Consultation by a health care professional" 25.34 means the review and oversight of the participant's 25.35 health-related services by a registered nurse, physician, or 25.36 mental health professional. 26.1 Subd. 3. [POLICY AND PROGRAM INFORMATION 26.2 REQUIREMENTS.] (a) The license holder shall have available for 26.3 review, and shall distribute to participants and their 26.4 caregivers upon admission, written information about: 26.5 (1) the scope of the programs, services, and care offered 26.6 by the license holder; 26.7 (2) a description of the population to be served by the 26.8 license holder; 26.9 (3) a description of individual conditions which the 26.10 license holder is not prepared to accept, such as a communicable 26.11 disease requiring isolation, a history of violence to self or 26.12 others, unmanageable incontinence, or uncontrollable wandering; 26.13 (4) the participants' rights and the procedure for 26.14 presenting grievances, including the name, address, and 26.15 telephone number of the Office of Ombudsman for Older 26.16 Minnesotans and the county licensing department, to which a 26.17 participant or participant's caregiver may submit an oral or 26.18 written complaint; 26.19 (5) the license holder's policy on and arrangements for 26.20 providing transportation; 26.21 (6) the license holder's policy on providing meals and 26.22 snacks; 26.23 (7) the license holder's fees, billing arrangements, and 26.24 plans for payment; 26.25 (8) the license holder's policy governing the presence of 26.26 pets in the home; 26.27 (9) the license holder's policy on smoking in the home; 26.28 (10) types of insurance coverage carried by the license 26.29 holder; 26.30 (11) information on orientation requirements under section 26.31 245A.65, subdivisions 1, paragraph (c), and 2, paragraph (a), 26.32 clause (4); 26.33 (12) the terms and conditions of the license holder's 26.34 license issued by the department; 26.35 (13) the license holder's plan for emergency evacuation of 26.36 participants involving fire, weather, and other disasters. The 27.1 plan must include instructions for evacuation or rescue of 27.2 participants, identification of an emergency shelter area, 27.3 quarterly fire drill schedule, and staff responsibilities; and 27.4 (14) the license holder's policy for handling harmful 27.5 objects, materials, or equipment including the storage of 27.6 poisonous chemicals, use of appliances, sharp instruments, 27.7 matches, or any other potentially harmful materials. 27.8 (b) The information in paragraph (a) must be provided in 27.9 writing to the commissioner's representative upon request and 27.10 must be available for inspection by the commissioner's 27.11 representative at the home. 27.12 Subd. 4. [ADMISSION SCREENING AND EVALUATION.] (a) Before 27.13 admitting an individual into the family adult day services 27.14 program, the license holder shall screen the individual to 27.15 determine how or whether the license holder can serve the 27.16 individual, based on the license holder's policies, services, 27.17 expertise, and the individual's needs and condition. If 27.18 possible, the screening shall include an interview with the 27.19 individual and with the individual's caregiver. 27.20 (b) The screening required under paragraph (a) shall 27.21 include an evaluation of the health, nutritional, and social 27.22 services needs of the individual. 27.23 Subd. 5. [SERVICE DELIVERY PLAN.] Before providing family 27.24 adult day services, an individual, the individual's caregiver, 27.25 the legal representative if there is one, the county or private 27.26 case manager, if applicable, and the license holder shall 27.27 develop a service delivery plan. At a minimum, the service 27.28 delivery plan shall include: 27.29 (1) a description of the health services, nutritional 27.30 services, and social services to be arranged or provided by the 27.31 license holder and the frequency of those services and the 27.32 services will be based on the needs of the individual; 27.33 (2) scheduled days and hours of participant's attendance at 27.34 the license holder's home; 27.35 (3) transportation arrangements for getting the participant 27.36 to and from the license holder's home; 28.1 (4) contingency plans if scheduled services cannot be 28.2 provided by the license holder; 28.3 (5) identification of responsibilities of the participant 28.4 and the license holder with respect to payment for the services; 28.5 (6) circumstances when emergency services will be called; 28.6 and 28.7 (7) identification of the license holder's discharge policy 28.8 when services are no longer needed or when the participant's 28.9 needs can no longer be met by the license holder. 28.10 Subd. 6. [INDIVIDUAL SERVICE PLAN.] (a) The service plan 28.11 must be coordinated with other plans of services for the 28.12 participant, as appropriate. 28.13 (b) The service plan must be dated and revised when there 28.14 is a change in the needs of the participant or annually, 28.15 whichever occurs sooner. 28.16 Subd. 7. [HEALTH SERVICES.] (a) The license holder shall 28.17 provide health services as specified in the service delivery 28.18 plan under the direction of the designated caregiver or county 28.19 or private case manager. Health services must include: 28.20 (1) monitoring the participant's level of function and 28.21 health while participating; taking appropriate action for a 28.22 change in condition including immediately reporting changes to 28.23 the participant's caregiver, physician, mental health 28.24 professional, or registered nurse; and seeking consultation; 28.25 (2) offering information to participants and caregivers on 28.26 good health and safety practices; and 28.27 (3) maintaining a listing of health resources available for 28.28 referrals as needed by participants and caregivers. 28.29 (b) Unless the person is a licensed health care 28.30 practitioner qualified to administer medications, the person 28.31 responsible for medication administration or assistance shall 28.32 provide a certificate verifying successful completion of a 28.33 trained medication aid program for unlicensed personnel approved 28.34 by the Department of Health or comparable program, or biennially 28.35 provide evidence of competency as demonstrated to a registered 28.36 nurse or physician. 29.1 (c) The license holder must have secure storage and 29.2 safeguarding of all medications with storage of medications in 29.3 their original container, know what information regarding 29.4 medication administration must be reported to a health care 29.5 professional, and must maintain a record of all medications 29.6 administered. 29.7 Subd. 8. [NUTRITIONAL SERVICES.] (a) The license holder 29.8 shall ensure that food served is nutritious and meets any 29.9 special dietary needs of the participants as prescribed by the 29.10 participant's physician or dietitian as specified in the service 29.11 delivery plan. 29.12 (b) Food and beverages must be obtained, handled, and 29.13 properly stored to prevent contamination, spoilage, or a threat 29.14 to the health of a resident. 29.15 Subd. 9. [SOCIAL SERVICES.] The license holder, in 29.16 consultation with the county or private case manager when 29.17 appropriate, shall actively assist the participant in 29.18 identifying and achieving personal goals, support the 29.19 participant in maintaining personal support networks and 29.20 socially valued roles, provide assistance to the participant to 29.21 enable community participation, and refer participants to the 29.22 Office of Ombudsman for Older Minnesotans and other advocacy 29.23 organizations for assistance when there is a potential conflict 29.24 of interest between the license holder and the participant. 29.25 Subd. 10. [PARTICIPANT RIGHTS.] (a) The license holder 29.26 shall adopt and comply with a participant bill of rights. The 29.27 rights shall include the participants' right to: 29.28 (1) participate in the development of the service plan; 29.29 (2) refuse services or participation; 29.30 (3) privacy; 29.31 (4) confidentiality of participant information; and 29.32 (5) present grievances regarding treatment or services to 29.33 the Office of Ombudsman for Older Minnesotans or the county 29.34 licensing department. The license holder's policies shall 29.35 include a procedure for addressing participant grievances, 29.36 including the name, address, and telephone number of the county 30.1 licensing department, to which a participant or participant 30.2 caregiver may submit an oral or written complaint. 30.3 (b) The license holder shall post the participant rights in 30.4 the home and shall provide a copy to the participant and the 30.5 participant's primary caregiver and legal representative if the 30.6 participant has one. 30.7 Subd. 11. [STAFFING.] Whenever participants are in the 30.8 home, there must be present at least one individual who is 30.9 trained in basic first aid and certified in cardiopulmonary 30.10 resuscitation and the treatment of obstructed airways. Whenever 30.11 there are six, seven, or eight participants present, there must 30.12 be a second staff person present. 30.13 Subd. 12. [TRAINING.] The license holder and license 30.14 holder's staff must annually complete 12 hours of training 30.15 related to the health, nutritional, and social needs of the 30.16 license holder's target population. License holders with six or 30.17 more years of licensure under this section or as an adult foster 30.18 care provider must annually complete six hours of training. The 30.19 annual training must include training on the reporting of 30.20 maltreatment of vulnerable adults under sections 626.557 and 30.21 626.5572; license holder requirements governing maltreatment of 30.22 vulnerable adults under section 245A.65; and, when a license 30.23 holder serves participants who rely on medical monitoring 30.24 equipment to sustain life or monitor a medical condition, 30.25 training on medical equipment as required under section 245A.155 30.26 for foster care providers. A record of all training must be 30.27 maintained in the home. 30.28 Subd. 13. [RESIDENTIAL REQUIREMENTS.] (a) The home where 30.29 family adult day services are to be provided shall be classified 30.30 as a residential group R-3 occupancy under the State Building 30.31 Code and State Fire Code for purposes of building code and fire 30.32 code inspections. A building code inspection is not required 30.33 for licensure under this section. The state or local fire 30.34 marshal must inspect the family adult day services home 30.35 operating in the residence for compliance with the residential 30.36 group R-3 occupancy provisions of the State Fire Code. 31.1 (b) The licensed capacity of the home shall be limited by 31.2 the amount of indoor space available for use by participants. 31.3 The total indoor space available for use by participants must 31.4 equal at least 35 square feet for each participant, the license 31.5 holder, and each staff member present in the home. In 31.6 determining the square footage of usable indoor space available, 31.7 the following must not be counted: hallways, stairways, 31.8 closets, offices, restrooms, and utility and storage areas. The 31.9 usable indoor space available must include a room or an area 31.10 that can be used as private space for providing personal hygiene 31.11 services or social services to participants. 31.12 (c) The residence must comply with all applicable local 31.13 ordinances. 31.14 Subd. 14. [VARIANCES.] The commissioner may grant a 31.15 variance to any of the requirements in this section if the 31.16 conditions in section 245A.04, subdivision 9, are met. 31.17 Sec. 27. Minnesota Statutes 2003 Supplement, section 31.18 245A.16, subdivision 1, is amended to read: 31.19 Subdivision 1. [DELEGATION OF AUTHORITY TO AGENCIES.] (a) 31.20 County agencies and private agencies that have been designated 31.21 or licensed by the commissioner to perform licensing functions 31.22 and activities under section 245A.04 and chapter 245C, to 31.23 recommend denial of applicants under section 245A.05, to issue 31.24 correction orders, to issue variances, and recommend a 31.25 conditional license under section 245A.06, or to recommend 31.26 suspending or revoking a license or issuing a fine under section 31.27 245A.07, shall comply with rules and directives of the 31.28 commissioner governing those functions and with this section. 31.29 The following variances are excluded from the delegation of 31.30 variance authority and may be issued only by the commissioner: 31.31 (1) dual licensure of family child care and child foster 31.32 care, dual licensure of child and adult foster care, and adult 31.33 foster care and family child care; 31.34 (2) adult foster care maximum capacity; 31.35 (3) adult foster care minimum age requirement; 31.36 (4) child foster care maximum age requirement; 32.1 (5) variances regarding disqualified individuals except 32.2 that county agencies may issue variances under section 245C.30 32.3 regarding disqualified individuals when the county is 32.4 responsible for conducting a consolidated reconsideration 32.5 according to sections 245C.25 and 245C.27, subdivision 2, 32.6 clauses (a) and (b), of a county maltreatment determination and 32.7 a disqualification based on serious or recurring maltreatment; 32.8 and 32.9 (6) the required presence of a caregiver in the adult 32.10 foster care residence during normal sleeping hours. 32.11 (b) County agencies must report information about 32.12 disqualification reconsiderations under sections 245C.25 and 32.13 245C.27, subdivision 2, clauses (a) and (b), and variances 32.14 granted under paragraph (a), clause (5), to the commissioner at 32.15 least monthly in a format prescribed by the commissioner. 32.16 (c) For family day care programs, the commissioner may 32.17 authorize licensing reviews every two years after a licensee has 32.18 had at least one annual review. 32.19 (d) For family adult day services programs, the 32.20 commissioner may authorize licensing reviews every two years 32.21 after a licensee has had at least one annual review. 32.22 (e) A license issued under this section may be issued for 32.23 up to two years. 32.24 Sec. 28. Minnesota Statutes 2002, section 245A.16, 32.25 subdivision 4, is amended to read: 32.26 Subd. 4. [ENFORCEMENT OF THE COMMISSIONER'S ORDERS.] The 32.27 county or private agency shall enforce the commissioner's orders 32.28 under sections 245A.07and, 245A.08, subdivision 5, and chapter 32.29 245C, according to the instructions of the commissioner. The 32.30 county attorney shall assist the county agency in the 32.31 enforcement and defense of the commissioner's orders under 32.32 sections 245A.07and, 245A.08, and chapter 245C, according to 32.33 the instructions of the commissioner, unless a conflict of 32.34 interest exists between the county attorney and the commissioner. 32.35 Sec. 29. Minnesota Statutes 2002, section 245A.22, 32.36 subdivision 2, is amended to read: 33.1 Subd. 2. [ADMISSION.] (a) The license holder shall accept 33.2 as clients in the independent living assistance program only 33.3individuals specified under section 256E.115youth ages 16 to 21 33.4 who are in out-of-home placement, leaving out-of-home placement, 33.5 at risk of becoming homeless, or homeless. 33.6 (b) Youth who have current drug or alcohol problems, a 33.7 recent history of violent behaviors, or a mental health disorder 33.8 or issue that is not being resolved through counseling or 33.9 treatment are not eligible to receive the services described in 33.10 subdivision 1. 33.11 (c) Youth who are not employed, participating in employment 33.12 training, or enrolled in an academic program are not eligible to 33.13 receive transitional housing or independent living assistance. 33.14 [EFFECTIVE DATE.] This section is effective the day 33.15 following final enactment. 33.16 Sec. 30. Minnesota Statutes 2003 Supplement, section 33.17 245A.22, subdivision 3, is amended to read: 33.18 Subd. 3. [INDEPENDENT LIVING PLAN.] (a) Unless an 33.19 independent living plan has been developed by the local agency, 33.20 the license holder shall develop a plan based on the client's 33.21 individual needs that specifies objectives for the client. The 33.22 services provided shall include those specified in this section. 33.23 The plan shall identify the persons responsible for 33.24 implementation of each part of the plan. The plan shall be 33.25 reviewed as necessary, but at least annually. 33.26 (b) The following services, or adequate access to referrals 33.27 for the following services, must be made available to the 33.28 targeted youth participating in the programs described in 33.29 subdivision 1: 33.30 (1) counseling services for the youth and their families, 33.31 if appropriate, on site, to help with problems that contributed 33.32 to the homelessness or could impede making the transition to 33.33 independent living; 33.34 (2) educational, vocational, or employment services; 33.35 (3) health care; 33.36 (4) transportation services including, where appropriate, 34.1 assisting the child in obtaining a driver's license; 34.2 (5) money management skills training; 34.3 (6) planning for ongoing housing; 34.4 (7) social and recreational skills training; and 34.5 (8) assistance establishing and maintaining connections 34.6 with the child's family and community. 34.7 [EFFECTIVE DATE.] This section is effective the day 34.8 following final enactment. 34.9 Sec. 31. Minnesota Statutes 2002, section 245B.02, is 34.10 amended by adding a subdivision to read: 34.11 Subd. 12a. [INTERDISCIPLINARY TEAM.] "Interdisciplinary 34.12 team" means a team composed of the case manager, the person, the 34.13 person's legal representative and advocate, if any, and 34.14 representatives of providers of the service areas relevant to 34.15 the needs of the person as described in the individual service 34.16 plan. 34.17 Sec. 32. Minnesota Statutes 2002, section 245B.05, 34.18 subdivision 2, is amended to read: 34.19 Subd. 2. [LICENSED CAPACITY FOR FACILITY-BASED DAY 34.20 TRAINING AND HABILITATION SERVICES.] The licensed capacity of 34.21 each day training and habilitation servicesitessite must be 34.22 determined by the amount of primary space available, the 34.23 scheduling of activities at other service sites, and the space 34.24 requirements of consumers receiving services at the site. 34.25 Primary space does not include hallways, stairways, closets, 34.26 utility areas, bathrooms, kitchens, and floor areas beneath 34.27 stationary equipment. A facility-based day training and 34.28 habilitation site must have a minimum of 40 square feet of 34.29 primary spacemust beavailable for each consumer who isengaged34.30in a day training and habilitation activity at the site for34.31which the licensed capacity must be determinedpresent at the 34.32 site at any one time. Licensed capacity under this subdivision 34.33 does not apply to: (1) consumers receiving community-based day 34.34 training and habilitation services; and (2) the temporary use of 34.35 a facility-based training and habilitation service site for the 34.36 limited purpose of providing transportation to consumers 35.1 receiving community-based day training and habilitation services 35.2 from the license holder. The license holder must comply at all 35.3 times with all applicable fire and safety codes under 35.4 subdivision 4 and adequate supervision requirements under 35.5 section 245B.055, subdivision 9, for all persons receiving day 35.6 training and habilitation services. 35.7 Sec. 33. [245B.055] [MINIMUM LEVEL OF STAFFING REQUIRED 35.8 FOR DAY TRAINING AND HABILITATION SERVICES.] 35.9 Subdivision 1. [SCOPE.] This section applies only to 35.10 license holders that provide day training and habilitation 35.11 services. 35.12 Subd. 2. [FACTORS.] (a) The number of direct service staff 35.13 members that a license holder must have on duty at a given time 35.14 to meet the minimum staffing requirements established in this 35.15 section varies according to: 35.16 (1) the number of persons who are enrolled and receiving 35.17 direct services at that given time; 35.18 (2) the staff ratio requirement established under 35.19 subdivision 3 for each of the persons who is present; and 35.20 (3) whether the conditions described in subdivision 8 exist 35.21 and warrant additional staffing beyond the number determined to 35.22 be needed under subdivision 7. 35.23 (b) The commissioner shall consider the factors in 35.24 paragraph (a) in determining a license holder's compliance with 35.25 the staffing requirements and shall further consider whether the 35.26 staff ratio requirement established under subdivision 3 for each 35.27 person receiving services accurately reflects the person's need 35.28 for staff time. 35.29 Subd. 3. [DETERMINING AND DOCUMENTING THE STAFF RATIO 35.30 REQUIREMENT FOR EACH PERSON RECEIVING SERVICES.] The case 35.31 manager in consultation with the interdisciplinary team shall 35.32 determine at least once each year which of the ratios in 35.33 subdivisions 4, 5, and 6 is appropriate for each person 35.34 receiving services on the basis of the characteristics described 35.35 in subdivisions 4, 5, and 6. The ratio assigned each person and 35.36 the documentation of how the ratio was arrived at must be kept 36.1 in each person's individual service plan. Documentation must 36.2 include an assessment of the person with respect to the 36.3 characteristics in subdivisions 4, 5, and 6 recorded on a 36.4 standard assessment form required by the commissioner. 36.5 Subd. 4. [PERSON REQUIRING STAFF RATIO OF ONE TO FOUR.] A 36.6 person who has one or more of the following characteristics must 36.7 be assigned a staff ratio requirement of one to four: 36.8 (1) on a daily basis the person requires total care and 36.9 monitoring or constant hand over hand physical guidance to 36.10 successfully complete at least three of the following activities: 36.11 toileting, communicating basic needs, eating, or ambulating; or 36.12 (2) the person assaults others, is self-injurious, or 36.13 manifests severe dysfunctional behaviors at a documented level 36.14 of frequency, intensity, or duration requiring frequent daily 36.15 ongoing intervention and monitoring as established in an 36.16 approved behavior management program. 36.17 Subd. 5. [PERSON REQUIRING STAFF RATIO OF ONE TO EIGHT.] A 36.18 person who has all of the following characteristics must be 36.19 assigned a staff ratio requirement of one to eight: 36.20 (1) the person does not meet the requirements in 36.21 subdivision 4; and 36.22 (2) on a daily basis the person requires verbal prompts or 36.23 spot checks and minimal or no physical assistance to 36.24 successfully complete at least three of the following 36.25 activities: toileting, communicating basic needs, eating, or 36.26 ambulating. 36.27 Subd. 6. [PERSON REQUIRING STAFF RATIO OF ONE TO SIX.] A 36.28 person who does not have any of the characteristics described in 36.29 subdivision 4 or 5 must be assigned a staff ratio requirement of 36.30 one to six. 36.31 Subd. 7. [DETERMINING NUMBER OF DIRECT SERVICE STAFF 36.32 REQUIRED.] The minimum number of direct service staff members 36.33 required at any one time to meet the combined staff ratio 36.34 requirements of the persons present at that time can be 36.35 determined by following the steps in clauses (1) through (4): 36.36 (1) assign each person in attendance the three-digit 37.1 decimal below that corresponds to the staff ratio requirement 37.2 assigned to that person. A staff ratio requirement of one to 37.3 four equals 0.250. A staff ratio requirement of one to eight 37.4 equals 0.125. A staff ratio requirement of one to six equals 37.5 0.166; 37.6 (2) add all of the three-digit decimals (one three-digit 37.7 decimal for every person in attendance) assigned in clause (1); 37.8 (3) when the sum in clause (2) falls between two whole 37.9 numbers, round off the sum to the larger of the two whole 37.10 numbers; and 37.11 (4) the larger of the two whole numbers in clause (3) 37.12 equals the number of direct service staff members needed to meet 37.13 the staff ratio requirements of the persons in attendance. 37.14 Subd. 8. [CONDITIONS REQUIRING ADDITIONAL DIRECT SERVICE 37.15 STAFF.] The license holder shall increase the number of direct 37.16 service staff members present at any one time beyond the number 37.17 arrived at in subdivision 4 if necessary when any one or 37.18 combination of the following circumstances can be documented by 37.19 the commissioner as existing: 37.20 (1) the health and safety needs of the persons receiving 37.21 services cannot be met by the number of staff members available 37.22 under the staffing pattern in effect even though the number has 37.23 been accurately calculated under subdivision 7; or 37.24 (2) the behavior of a person presents an immediate danger 37.25 and the person is not eligible for a special needs rate 37.26 exception under Minnesota Rules, parts 9510.1020 to 9510.1140. 37.27 Subd. 9. [SUPERVISION REQUIREMENTS.] At no time shall one 37.28 direct service staff member be assigned responsibility for 37.29 supervision and training of more than ten persons receiving 37.30 supervision and training, except as otherwise stated in each 37.31 person's risk management plan. 37.32 Sec. 34. Minnesota Statutes 2002, section 245B.07, 37.33 subdivision 8, is amended to read: 37.34 Subd. 8. [POLICIES AND PROCEDURES.] The license holder 37.35 must develop and implement the policies and procedures in 37.36 paragraphs (1) to (3). 38.1 (1) policies and procedures that promote consumer health 38.2 and safety by ensuring: 38.3 (i) consumer safety in emergency situations as identified 38.4 in section 245B.05, subdivision 7; 38.5 (ii) consumer health through sanitary practices; 38.6 (iii) safe transportation, when the license holder is 38.7 responsible for transportation of consumers, with provisions for 38.8 handling emergency situations; 38.9 (iv) a system of record keeping for both individuals and 38.10 the organization, for review of incidents and emergencies, and 38.11 corrective action if needed; 38.12 (v) a plan for responding toand reporting all emergencies,38.13including deaths, medical emergencies, illnesses, accidents,38.14missing consumers,all incidents, as defined in section 245B.02, 38.15 subdivision 10, fires, severe weather and natural disasters, 38.16 bomb threats, and other threats and reporting all incidents 38.17 required to be reported under section 245B.05, subdivision 7; 38.18 (vi) safe medication administration as identified in 38.19 section 245B.05, subdivision 5, incorporating an observed skill 38.20 assessment to ensure that staff demonstrate the ability to 38.21 administer medications consistent with the license holder's 38.22 policy and procedures; 38.23 (vii) psychotropic medication monitoring when the consumer 38.24 is prescribed a psychotropic medication, including the use of 38.25 the psychotropic medication use checklist. If the 38.26 responsibility for implementing the psychotropic medication use 38.27 checklist has not been assigned in the individual service plan 38.28 and the consumer lives in a licensed site, the residential 38.29 license holder shall be designated; and 38.30 (viii) criteria for admission or service initiation 38.31 developed by the license holder; 38.32 (2) policies and procedures that protect consumer rights 38.33 and privacy by ensuring: 38.34 (i) consumer data privacy, in compliance with the Minnesota 38.35 Data Practices Act, chapter 13; and 38.36 (ii) that complaint procedures provide consumers with a 39.1 simple process to bring grievances and consumers receive a 39.2 response to the grievance within a reasonable time period. The 39.3 license holder must provide a copy of the program's grievance 39.4 procedure and time lines for addressing grievances. The 39.5 program's grievance procedure must permit consumers served by 39.6 the program and the authorized representatives to bring a 39.7 grievance to the highest level of authority in the program; and 39.8 (3) policies and procedures that promote continuity and 39.9 quality of consumer supports by ensuring: 39.10 (i) continuity of care and service coordination, including 39.11 provisions for service termination, temporary service 39.12 suspension, and efforts made by the license holder to coordinate 39.13 services with other vendors who also provide support to the 39.14 consumer. The policy must include the following requirements: 39.15 (A) the license holder must notify the consumer or 39.16 consumer's legal representative and the consumer's case manager 39.17 in writing of the intended termination or temporary service 39.18 suspension and the consumer's right to seek a temporary order 39.19 staying the termination or suspension of service according to 39.20 the procedures in section 256.045, subdivision 4a or subdivision 39.21 6, paragraph (c); 39.22 (B) notice of the proposed termination of services, 39.23 including those situations that began with a temporary service 39.24 suspension, must be given at least 60 days before the proposed 39.25 termination is to become effective; 39.26 (C) the license holder must provide information requested 39.27 by the consumer or consumer's legal representative or case 39.28 manager when services are temporarily suspended or upon notice 39.29 of termination; 39.30 (D) use of temporary service suspension procedures are 39.31 restricted to situations in which the consumer's behavior causes 39.32 immediate and serious danger to the health and safety of the 39.33 individual or others; 39.34 (E) prior to giving notice of service termination or 39.35 temporary service suspension, the license holder must document 39.36 actions taken to minimize or eliminate the need for service 40.1 termination or temporary service suspension; and 40.2 (F) during the period of temporary service suspension, the 40.3 license holder will work with the appropriate county agency to 40.4 develop reasonable alternatives to protect the individual and 40.5 others; and 40.6 (ii) quality services measured through a program evaluation 40.7 process including regular evaluations of consumer satisfaction 40.8 and sharing the results of the evaluations with the consumers 40.9 and legal representatives. 40.10 Sec. 35. Minnesota Statutes 2002, section 245B.07, 40.11 subdivision 12, is amended to read: 40.12 Subd. 12. [SEPARATE LICENSE REQUIRED FOR SEPARATE SITES.] 40.13 The license holder shall apply for separate licenses for each 40.14 day training and habilitation service site owned or leased by 40.15 the license holder at which persons receiving services and the 40.16 provider's employees who provide training and habilitation 40.17 services are present for a cumulative total of more than 30 days 40.18 within any 12-month period, and for each residential service 40.19 site. Notwithstanding the foregoing, a separate license is not 40.20 required for a day training and habilitation service site used 40.21 only for the limited purpose of providing transportation to 40.22 consumers receiving community-based day training and 40.23 habilitation services from a license holder. 40.24 Sec. 36. Minnesota Statutes 2003 Supplement, section 40.25 245C.02, subdivision 18, is amended to read: 40.26 Subd. 18. [SERIOUS MALTREATMENT.] (a) "Serious 40.27 maltreatment" means sexual abuse, maltreatment resulting in 40.28 death, maltreatment resulting in serious injury which reasonably 40.29 requires the care of a physician whether or not the care of a 40.30 physician was sought, or abuse resulting in serious injury. 40.31 (b) For purposes of this definition, "care of a physician" 40.32 is treatment received or ordered by a physician but does not 40.33 include diagnostic testing, assessment, or observation. 40.34 (c) For purposes of this definition, "abuse resulting in 40.35 serious injury" means: bruises, bites, skin laceration, or 40.36 tissue damage; fractures; dislocations; evidence of internal 41.1 injuries; head injuries with loss of consciousness; extensive 41.2 second-degree or third-degree burns and other burns for which 41.3 complications are present; extensive second-degree or 41.4 third-degree frostbite and other frostbite for which 41.5 complications are present; irreversible mobility or avulsion of 41.6 teeth; injuries to the eyes; ingestion of foreign substances and 41.7 objects that are harmful; near drowning; and heat exhaustion or 41.8 sunstroke. 41.9 (d) Serious maltreatment includes neglect when it results 41.10 in criminal sexual conduct against a child or vulnerable adult. 41.11 [EFFECTIVE DATE.] This section is effective the day 41.12 following final enactment. 41.13 Sec. 37. Minnesota Statutes 2003 Supplement, section 41.14 245C.03, subdivision 1, is amended to read: 41.15 Subdivision 1. [LICENSED PROGRAMS.] (a) The commissioner 41.16 shall conduct a background study on: 41.17 (1) theapplicantperson or persons applying for a license; 41.18 (2) an individual age 13 and over living in the household 41.19 where the licensed program will be provided; 41.20 (3) current employees or contractors of the applicant who 41.21 will have direct contact with persons served by the facility, 41.22 agency, or program ; 41.23 (4) volunteers or student volunteers who will have direct 41.24 contact with persons served by the program to provide program 41.25 services if the contact is not under the continuous, direct 41.26 supervision by an individual listed in clause (1) or (3); 41.27 (5) an individual age ten to 12 living in the household 41.28 where the licensed services will be provided when the 41.29 commissioner has reasonable cause;and41.30 (6) an individual who, without providing direct contact 41.31 services at a licensed program, may have unsupervised access to 41.32 children or vulnerable adults receiving services from a program 41.33 licensed to provide: 41.34 (i) family child care for children; 41.35 (ii) foster care for children in the provider's own home; 41.36 or 42.1 (iii) foster care or day care services for adults in the 42.2 provider's own home; and 42.3 (7) all managerial officials as defined under section 42.4 245A.02, subdivision 5a. 42.5 The commissioner must have reasonable cause to study an 42.6 individual under thisclausesubdivision. 42.7 (b) For family child foster care settings, a short-term 42.8 substitute caregiver providing direct contact services for a 42.9 child for less than 72 hours of continuous care is not required 42.10 to receive a background study under this chapter. 42.11 [EFFECTIVE DATE.] This section is effective the day 42.12 following final enactment. 42.13 Sec. 38. Minnesota Statutes 2003 Supplement, section 42.14 245C.03, is amended by adding a subdivision to read: 42.15 Subd. 5. [OTHER STATE AGENCIES.] The commissioner shall 42.16 conduct background studies on applicants and license holders 42.17 under the jurisdiction of other state agencies who are required 42.18 in other statutory sections to initiate background studies under 42.19 this chapter, including the applicant's or license holder's 42.20 employees, contractors, and volunteers when required under other 42.21 statutory sections. 42.22 [EFFECTIVE DATE.] This section is effective the day 42.23 following final enactment. 42.24 Sec. 39. Minnesota Statutes 2003 Supplement, section 42.25 245C.05, subdivision 1, is amended to read: 42.26 Subdivision 1. [INDIVIDUAL STUDIED.] (a) The individual 42.27 who is the subject of the background study must provide the 42.28 applicant, license holder, or other entity under section 245C.04 42.29 with sufficient information to ensure an accurate study, 42.30 including: 42.31 (1) the individual's first, middle, and last name and all 42.32 other names by which the individual has been known; 42.33 (2) home address, city,county,and state of residencefor42.34the past five years; 42.35 (3) zip code; 42.36 (4) sex; 43.1 (5) date of birth; and 43.2 (6) Minnesota driver's license number or state 43.3 identification number. 43.4 (b) Every subject of a background study conducted by 43.5 counties or private agencies under this chapter must also 43.6 provide the home address, city, county, and state of residence 43.7 for the past five years. 43.8 [EFFECTIVE DATE.] This section is effective the day 43.9 following final enactment. 43.10 Sec. 40. Minnesota Statutes 2003 Supplement, section 43.11 245C.05, subdivision 2, is amended to read: 43.12 Subd. 2. [APPLICANT, LICENSE HOLDER, OR OTHER ENTITY.] The 43.13 applicant, license holder, or otherentity under section 245C.0443.14 entities as provided in this chapter shall provide the 43.15 information collected under subdivision 1 about an individual 43.16 who is the subject of the background study on forms or in a 43.17 format prescribed by the commissioner. 43.18 [EFFECTIVE DATE.] This section is effective the day 43.19 following final enactment. 43.20 Sec. 41. Minnesota Statutes 2003 Supplement, section 43.21 245C.05, subdivision 5, is amended to read: 43.22 Subd. 5. [FINGERPRINTS.] (a) For any background study 43.23 completed under thissectionchapter, when the commissioner has 43.24 reasonable cause to believe that further pertinent information 43.25 may exist on the subject of the background study, the subject 43.26 shall provide the commissioner with a set of classifiable 43.27 fingerprints obtained from an authorized law enforcement agency. 43.28 (b) For purposes of requiring fingerprints, the 43.29 commissioner has reasonable cause when, but not limited to, the: 43.30 (1) information from the Bureau of Criminal Apprehension 43.31 indicates that the subject is a multistate offender; 43.32 (2) information from the Bureau of Criminal Apprehension 43.33 indicates that multistate offender status is undetermined; or 43.34 (3) commissioner has received a report from the subject or 43.35 a third party indicating that the subject has a criminal history 43.36 in a jurisdiction other than Minnesota. 44.1 [EFFECTIVE DATE.] This section is effective the day 44.2 following final enactment. 44.3 Sec. 42. Minnesota Statutes 2003 Supplement, section 44.4 245C.05, subdivision 6, is amended to read: 44.5 Subd. 6. [APPLICANT, LICENSE HOLDER,REGISTRANTOTHER 44.6 ENTITIES, AND AGENCIES.] (a) The applicant, license 44.7 holder,registrantother entities as provided in this chapter, 44.8 Bureau of Criminal Apprehension, commissioner of health, and 44.9 county agencies shall help with the study by giving the 44.10 commissioner criminal conviction data and reports about the 44.11 maltreatment of adults substantiated under section 626.557 and 44.12 the maltreatment of minorsin licensed programssubstantiated 44.13 under section 626.556. 44.14 (b) If a background study is initiated by an applicantor, 44.15 license holder, or other entities as provided in this chapter, 44.16 and the applicantor, license holder, or other entity receives 44.17 information about the possible criminal or maltreatment history 44.18 of an individual who is the subject of the background study, the 44.19 applicantor, license holder, or other entity must immediately 44.20 provide the information to the commissioner. 44.21 (c) The program or county or other agency must provide 44.22 written notice to the individual who is the subject of the 44.23 background study of the requirements under this subdivision. 44.24 [EFFECTIVE DATE.] This section is effective the day 44.25 following final enactment. 44.26 Sec. 43. Minnesota Statutes 2003 Supplement, section 44.27 245C.08, subdivision 2, is amended to read: 44.28 Subd. 2. [BACKGROUND STUDIES CONDUCTED BY A COUNTY OR 44.29 PRIVATE AGENCY; FOSTER CARE AND FAMILY CHILD CARE.] (a) For a 44.30 background study conducted by a county or private agency for 44.31 child foster care, adult foster care, and family child care 44.32 homes, the commissioner shall review: 44.33 (1) information from the county agency's record of 44.34 substantiated maltreatment of adults and the maltreatment of 44.35 minors; 44.36 (2) information from juvenile courts as required in 45.1 subdivision 4 for individuals listed in section 245C.03, 45.2 subdivision 1, clauses (2), (5), and (6);and45.3 (3) information from the Bureau of Criminal Apprehension; 45.4 and 45.5 (4) arrest and investigative records maintained by the 45.6 Bureau of Criminal Apprehension, county attorneys, county 45.7 sheriffs, courts, county agencies, local police, the National 45.8 Criminal Records Repository, and criminal records from other 45.9 states. 45.10 (b) If the individual has resided in the county for less 45.11 than five years, the study shall include the records specified 45.12 under paragraph (a) for the previous county or counties of 45.13 residence for the past five years. 45.14 [EFFECTIVE DATE.] This section is effective the day 45.15 following final enactment. 45.16 Sec. 44. Minnesota Statutes 2003 Supplement, section 45.17 245C.08, subdivision 3, is amended to read: 45.18 Subd. 3. [ARREST AND INVESTIGATIVE INFORMATION.] (a) For 45.19 any background study completed under this section, if the 45.20 commissioner has reasonable cause to believe the information is 45.21 pertinent to the disqualification of an individuallisted in45.22section 245C.03, subdivisions 1 and 2, the commissioner also may 45.23 review arrest and investigative information from: 45.24 (1) the Bureau of Criminal Apprehension; 45.25 (2) the commissioner of health; 45.26 (3) a county attorney; 45.27 (4) a county sheriff; 45.28 (5) a county agency; 45.29 (6) a local chief of police; 45.30 (7) other states; 45.31 (8) the courts; or 45.32 (9) the Federal Bureau of Investigation. 45.33 (b) The commissioner is not required to conduct more than 45.34 one review of a subject's records from the Federal Bureau of 45.35 Investigation if a review of the subject's criminal history with 45.36 the Federal Bureau of Investigation has already been completed 46.1 by the commissioner and there has been no break in the subject's 46.2 affiliation with the license holder who initiated the background 46.3 study. 46.4 [EFFECTIVE DATE.] This section is effective the day 46.5 following final enactment. 46.6 Sec. 45. Minnesota Statutes 2003 Supplement, section 46.7 245C.08, subdivision 4, is amended to read: 46.8 Subd. 4. [JUVENILE COURT RECORDS.] (a) The commissioner 46.9 shall review records from the juvenile courts for an individual 46.10 studied under section 245C.03, subdivision 1, clauses (2) and 46.11 (5). 46.12 (b) For individuals studied under section 245C.03, 46.13 subdivision 1, clauses (1), (3), (4), and (6), and subdivision 46.14 2, who are ages 13 to 17, the commissioner shall review records 46.15 from the juvenile courts when the commissioner has reasonable 46.16 cause. 46.17 (c) The juvenile courts shall help with the study by giving 46.18 the commissioner existing juvenile court records on individuals 46.19 described in section 245C.03, subdivision 1, clauses (2), (5), 46.20 and (6), relating to delinquency proceedings held within either 46.21 the five years immediately preceding the background study or the 46.22 five years immediately preceding the individual's 18th birthday, 46.23 whichever time period is longer. 46.24 (d) For purposes of this chapter, a finding that a 46.25 delinquency petition is proven in juvenile court shall be 46.26 considered a conviction in state district court. 46.27 (e) The commissioner shall destroy juvenile court records 46.28 obtained under this subdivision when the subject of the records 46.29 reaches age 23. 46.30 [EFFECTIVE DATE.] This section is effective the day 46.31 following final enactment. 46.32 Sec. 46. Minnesota Statutes 2003 Supplement, section 46.33 245C.09, subdivision 1, is amended to read: 46.34 Subdivision 1. [DISQUALIFICATION; LICENSING ACTION.] An 46.35 applicant's, license holder's, orregistrant'sother entity's 46.36 failure or refusal to cooperate with the commissioner is 47.1 reasonable cause to disqualify a subject, deny a license 47.2 application, or immediately suspend or revoke a license or 47.3 registration. 47.4 [EFFECTIVE DATE.] This section is effective the day 47.5 following final enactment. 47.6 Sec. 47. Minnesota Statutes 2003 Supplement, section 47.7 245C.13, subdivision 1, is amended to read: 47.8 Subdivision 1. [TIMING.] Upon receipt of the background 47.9 study forms from an applicant, license holder,registrant,47.10agency, organization, program,or other entity as provided in 47.11 this chapter required to initiate a background study under 47.12 section 245C.04, the commissioner shall complete the background 47.13 study and provide the notice required under section 245C.17, 47.14 subdivision 1, within 15 working days. 47.15 [EFFECTIVE DATE.] This section is effective the day 47.16 following final enactment. 47.17 Sec. 48. Minnesota Statutes 2003 Supplement, section 47.18 245C.14, subdivision 1, is amended to read: 47.19 Subdivision 1. [DISQUALIFICATION FROM DIRECT CONTACT.] (a) 47.20 The commissioner shall disqualify an individual who is the 47.21 subject of a background study from any position allowing direct 47.22 contact with persons receiving services from the license holder 47.23 or entity identified in section 245C.03, upon receipt of 47.24 information showing, or when a background study completed under 47.25 this chapter shows any of the following: 47.26 (1) a conviction of or admission to one or more crimes 47.27 listed in section 245C.15, regardless of whether the conviction 47.28 or admission is a felony, gross misdemeanor, or misdemeanor 47.29 level crime; 47.30 (2) a preponderance of the evidence indicates the 47.31 individual has committed an act or acts that meet the definition 47.32 of any of the crimes listed in section 245C.15, regardless of 47.33 whether the preponderance of the evidence is for a felony, gross 47.34 misdemeanor, or misdemeanor level crime; or 47.35 (3) an investigation results in an administrative 47.36 determination listed under section 245C.15, subdivision 4, 48.1 paragraph (b). 48.2 (b) No individual who is disqualified following a 48.3 background study under section 245C.03, subdivisions 1 and 2, 48.4 may be retained in a position involving direct contact with 48.5 persons served by a program or entity identified in section 48.6 245C.03, unless the commissioner has provided written notice 48.7 under section 245C.17 stating that: 48.8 (1) the individual may remain in direct contact during the 48.9 period in which the individual may request reconsideration as 48.10 provided in section 245C.21, subdivision 2; 48.11 (2) the commissioner has set aside the individual's 48.12 disqualification for that program or entity identified in 48.13 section 245C.03, as provided in section 245C.22, subdivision 4; 48.14 or 48.15 (3) the license holder has been granted a variance for the 48.16 disqualified individual under section 245C.30. 48.17 [EFFECTIVE DATE.] This section is effective the day 48.18 following final enactment. 48.19 Sec. 49. Minnesota Statutes 2003 Supplement, section 48.20 245C.15, subdivision 2, is amended to read: 48.21 Subd. 2. [15-YEAR DISQUALIFICATION.] (a) An individual is 48.22 disqualified under section 245C.14 if: (1) less than 15 years 48.23 have passed since the discharge of the sentence imposed for the 48.24 offense; and (2) the individual has received a felony conviction 48.25 for a violation of any of the following offenses: sections 48.26 260C.301 (grounds for termination of parental rights); 609.165 48.27 (felon ineligible to possess firearm); 609.21 (criminal 48.28 vehicular homicide and injury); 609.215 (suicide); 609.223 or 48.29 609.2231 (assault in the third or fourth degree); repeat 48.30 offenses under 609.224 (assault in the fifth degree); 609.2325 48.31 (criminal abuse of a vulnerable adult); 609.2335 (financial 48.32 exploitation of a vulnerable adult); 609.235 (use of drugs to 48.33 injure or facilitate crime); 609.24 (simple robbery); 609.255 48.34 (false imprisonment); 609.2664 (manslaughter of an unborn child 48.35 in the first degree); 609.2665 (manslaughter of an unborn child 48.36 in the second degree); 609.267 (assault of an unborn child in 49.1 the first degree); 609.2671 (assault of an unborn child in the 49.2 second degree); 609.268 (injury or death of an unborn child in 49.3 the commission of a crime); 609.27 (coercion); 609.275 (attempt 49.4 to coerce); repeat offenses under 609.3451 (criminal sexual 49.5 conduct in the fifth degree); 609.498, subdivision 1 or 1b 49.6 (aggravated first degree or first degree tampering with a 49.7 witness); 609.52 (theft); 609.521 (possession of shoplifting 49.8 gear); 609.562 (arson in the second degree); 609.563 (arson in 49.9 the third degree); 609.582 (burglary); 609.625 (aggravated 49.10 forgery); 609.63 (forgery); 609.631 (check forgery; offering a 49.11 forged check); 609.635 (obtaining signature by false pretense); 49.12 609.66 (dangerous weapons); 609.67 (machine guns and 49.13 short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 49.14 609.713 (terroristic threats); repeat offenses under 617.23 49.15 (indecent exposure; penalties); repeat offenses under 617.241 49.16 (obscene materials and performances; distribution and exhibition 49.17 prohibited; penalty); chapter 152 (drugs; controlled substance); 49.18 or a felony level conviction involving alcohol or drug use. 49.19 (b) An individual is disqualified under section 245C.14 if 49.20 less than 15 years has passed since the individual's attempt or 49.21 conspiracy to commit any of the offenses listed in paragraph 49.22 (a), as each of these offenses is defined in Minnesota Statutes. 49.23 (c) An individual is disqualified under section 245C.14 if 49.24 less than 15 years has passed since the discharge of the 49.25 sentence imposed for an offense in any other state or country, 49.26 the elements of which are substantially similar to the elements 49.27 of the offenses listed in paragraph (a). 49.28 (d) If the individual studied is convicted of one of the 49.29 felonies listed in paragraph (a), but the sentence is a gross 49.30 misdemeanor or misdemeanor disposition, the individual is 49.31 disqualified but the disqualification lookback period for the 49.32 conviction is the period applicable to the gross misdemeanor or 49.33 misdemeanor disposition. 49.34 [EFFECTIVE DATE.] This section is effective the day 49.35 following final enactment. 49.36 Sec. 50. Minnesota Statutes 2003 Supplement, section 50.1 245C.15, subdivision 3, is amended to read: 50.2 Subd. 3. [TEN-YEAR DISQUALIFICATION.] (a) An individual is 50.3 disqualified under section 245C.14 if: (1) less than ten years 50.4 have passed since the discharge of the sentence imposed for the 50.5 offense; and (2) the individual has received a gross misdemeanor 50.6 conviction for a violation of any of the following offenses: 50.7 sections 609.224 (assault in the fifth degree); 609.224, 50.8 subdivision 2, paragraph (c) (assault in the fifth degree by a 50.9 caregiver against a vulnerable adult); 609.2242 and 609.2243 50.10 (domestic assault); 609.23 (mistreatment of persons confined); 50.11 609.231 (mistreatment of residents or patients); 609.2325 50.12 (criminal abuse of a vulnerable adult); 609.233 (criminal 50.13 neglect of a vulnerable adult); 609.2335 (financial exploitation 50.14 of a vulnerable adult); 609.234 (failure to report maltreatment 50.15 of a vulnerable adult); 609.265 (abduction); 609.275 (attempt to 50.16 coerce); 609.324, subdivision 1a (other prohibited acts; minor 50.17 engaged in prostitution); 609.33 (disorderly house); 609.3451 50.18 (criminal sexual conduct in the fifth degree); 609.377 50.19 (malicious punishment of a child); 609.378 (neglect or 50.20 endangerment of a child); 609.52 (theft); 609.582 (burglary); 50.21 609.631 (check forgery; offering a forged check); 609.66 50.22 (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 50.23 (disorderly conduct against a vulnerable adult); repeat offenses 50.24 under 609.746 (interference with privacy); 609.749, subdivision 50.25 2 (harassment; stalking); repeat offenses under 617.23 (indecent 50.26 exposure); 617.241 (obscene materials and performances); 617.243 50.27 (indecent literature, distribution); 617.293 (harmful materials; 50.28 dissemination and display to minors prohibited); or violation of 50.29 an order for protection under section 518B.01, subdivision 14. 50.30 (b) An individual is disqualified under section 245C.14 if 50.31 less than ten years has passed since the individual's attempt or 50.32 conspiracy to commit any of the offenses listed in paragraph 50.33 (a), as each of these offenses is defined in Minnesota Statutes. 50.34 (c) An individual is disqualified under section 245C.14 if 50.35 less than ten years has passed since the discharge of the 50.36 sentence imposed for an offense in any other state or country, 51.1 the elements of which are substantially similar to the elements 51.2 of any of the offenses listed in paragraph (a). 51.3 (d) If the defendant is convicted of one of the gross 51.4 misdemeanors listed in paragraph (a), but the sentence is a 51.5 misdemeanor disposition, the individual is disqualified but the 51.6 disqualification lookback period for the conviction is the 51.7 period applicable to misdemeanors. 51.8 [EFFECTIVE DATE.] This section is effective the day 51.9 following final enactment. 51.10 Sec. 51. Minnesota Statutes 2003 Supplement, section 51.11 245C.15, subdivision 4, is amended to read: 51.12 Subd. 4. [SEVEN-YEAR DISQUALIFICATION.] (a) An individual 51.13 is disqualified under section 245C.14 if: (1) less than seven 51.14 years has passed since the discharge of the sentence imposed for 51.15 the offense; and (2) the individual has received a misdemeanor 51.16 conviction for a violation of any of the following offenses: 51.17 sections 609.224 (assault in the fifth degree); 609.2242 51.18 (domestic assault); 609.2335 (financial exploitation of a 51.19 vulnerable adult); 609.234 (failure to report maltreatment of a 51.20 vulnerable adult); 609.2672 (assault of an unborn child in the 51.21 third degree); 609.27 (coercion); violation of an order for 51.22 protection under 609.3232 (protective order authorized; 51.23 procedures; penalties); 609.52 (theft); 609.66 (dangerous 51.24 weapons); 609.665 (spring guns); 609.746 (interference with 51.25 privacy); 609.79 (obscene or harassing phone calls); 609.795 51.26 (letter, telegram, or package; opening; harassment); 617.23 51.27 (indecent exposure; penalties); 617.293 (harmful materials; 51.28 dissemination and display to minors prohibited); or violation of 51.29 an order for protection under section 518B.01 (Domestic Abuse 51.30 Act). 51.31 (b) An individual is disqualified under section 245C.14 if 51.32 less than seven years has passed since a determination or 51.33 disposition of the individual's: 51.34 (1) failure to make required reports under section 626.556, 51.35 subdivision 3, or 626.557, subdivision 3, for incidents in 51.36 which: (i) the final disposition under section 626.556 or 52.1 626.557 was substantiated maltreatment, and (ii) the 52.2 maltreatment was recurring or serious; or 52.3 (2) substantiated serious or recurring maltreatment of a 52.4 minor under section 626.556or of, a vulnerable adult under 52.5 section 626.557, or serious or recurring maltreatment in any 52.6 other state, the elements of which are substantially similar to 52.7 the elements of maltreatment under section 626.556 or 626.557 52.8 for which: (i) there is a preponderance of evidence that the 52.9 maltreatment occurred, and (ii) the subject was responsible for 52.10 the maltreatment. 52.11 (c) An individual is disqualified under section 245C.14 if 52.12 less than seven years has passed since the individual's attempt 52.13 or conspiracy to commit any of the offenses listed in paragraphs 52.14 (a) and (b), as each of these offenses is defined in Minnesota 52.15 Statutes. 52.16 (d) An individual is disqualified under section 245C.14 if 52.17 less than seven years has passed since the discharge of the 52.18 sentence imposed for an offense in any other state or country, 52.19 the elements of which are substantially similar to the elements 52.20 of any of the offenses listed in paragraphs (a) and (b). 52.21 [EFFECTIVE DATE.] This section is effective the day 52.22 following final enactment. 52.23 Sec. 52. Minnesota Statutes 2003 Supplement, section 52.24 245C.16, subdivision 1, is amended to read: 52.25 Subdivision 1. [DETERMINING IMMEDIATE RISK OF HARM.] (a) 52.26 If the commissioner determines that the individual studied has a 52.27 disqualifying characteristic, the commissioner shall review the 52.28 information immediately available and make a determination as to 52.29 the subject's immediate risk of harm to persons served by the 52.30 program where the individual studied will have direct contact. 52.31 (b) The commissioner shall consider all relevant 52.32 information available, including the following factors in 52.33 determining the immediate risk of harm: 52.34 (1) the recency of the disqualifying characteristic; 52.35 (2) the recency of discharge from probation for the crimes; 52.36 (3) the number of disqualifying characteristics; 53.1 (4) the intrusiveness or violence of the disqualifying 53.2 characteristic; 53.3 (5) the vulnerability of the victim involved in the 53.4 disqualifying characteristic;and53.5 (6) the similarity of the victim to the persons served by 53.6 the program where the individual studied will have direct 53.7 contact; and 53.8 (7) whether the individual has a disqualification from a 53.9 previous background study that has not been set aside. 53.10 (c) This section does not apply when the subject of a 53.11 background study is regulated by a health-related licensing 53.12 board as defined in chapter 214, and the subject is determined 53.13 to be responsible for substantiated maltreatment under section 53.14 626.556 or 626.557. 53.15 (d) If the commissioner has reason to believe, based on 53.16 arrest information or an active maltreatment investigation, that 53.17 an individual poses an imminent risk of harm to persons 53.18 receiving services, the commissioner may order that the person 53.19 be continuously supervised or immediately removed pending the 53.20 conclusion of the maltreatment investigation or criminal 53.21 proceedings. 53.22 [EFFECTIVE DATE.] This section is effective the day 53.23 following final enactment. 53.24 Sec. 53. Minnesota Statutes 2003 Supplement, section 53.25 245C.17, subdivision 1, is amended to read: 53.26 Subdivision 1. [TIME FRAME FOR NOTICE OF STUDY RESULTS.] 53.27 (a) Within 15 working days after the commissioner's receipt of 53.28 the background study form, the commissioner shall notify the 53.29 individual who is the subject of the study in writing or by 53.30 electronic transmission of the results of the study or that more 53.31 time is needed to complete the study. 53.32 (b) Within 15 working days after the commissioner's receipt 53.33 of the background study form, the commissioner shall notify the 53.34 applicant, license holder, orregistrantother entity as 53.35 provided in this chapter in writing or by electronic 53.36 transmission of the results of the study or that more time is 54.1 needed to complete the study. 54.2 [EFFECTIVE DATE.] This section is effective the day 54.3 following final enactment. 54.4 Sec. 54. Minnesota Statutes 2003 Supplement, section 54.5 245C.17, subdivision 3, is amended to read: 54.6 Subd. 3. [DISQUALIFICATION NOTICE SENT TO APPLICANT, 54.7 LICENSE HOLDER, ORREGISTRANTOTHER ENTITY.] (a) The 54.8 commissioner shall notify an applicant, license holder, 54.9 orregistrantother entity as provided in this chapter who is 54.10 not the subject of the study: 54.11 (1) that the commissioner has found information that 54.12 disqualifies the individual studied from direct contact with, or 54.13 from access to, persons served by the program; and 54.14 (2) the commissioner's determination of the individual's 54.15 risk of harm under section 245C.16. 54.16 (b) If the commissioner determines under section 245C.16 54.17 that an individual studied poses an imminent risk of harm to 54.18 persons served by the program where the individual studied will 54.19 have direct contact, the commissioner shall order the license 54.20 holder to immediately remove the individual studied from direct 54.21 contact. 54.22 (c) If the commissioner determines under section 245C.16 54.23 that an individual studied poses a risk of harm that requires 54.24 continuous, direct supervision, the commissioner shall order the 54.25 applicant, license holder, or other entities as provided in this 54.26 chapter to: 54.27 (1) immediately remove the individual studied from direct 54.28 contact services; or 54.29 (2) assure that the individual studied is under continuous, 54.30 direct supervision when providing direct contact services during 54.31 the period in which the individual may request a reconsideration 54.32 of the disqualification under section 245C.21. 54.33 (d) If the commissioner determines under section 245C.16 54.34 that an individual studied does not pose a risk of harm that 54.35 requires continuous, direct supervision, the commissioner shall 54.36 send the license holder a notice that more time is needed to 55.1 complete the individual's background study. 55.2 (e) The commissioner shall not notify the applicant, 55.3 license holder, orregistrantother entity as provided in this 55.4 chapter of the information contained in the subject's background 55.5 study unless: 55.6 (1) the basis for the disqualification is failure to 55.7 cooperate with the background study or substantiated 55.8 maltreatment under section 626.556 or 626.557; 55.9 (2) the Data Practices Act under chapter 13 provides for 55.10 release of the information; or 55.11 (3) the individual studied authorizes the release of the 55.12 information. 55.13 [EFFECTIVE DATE.] This section is effective the day 55.14 following final enactment. 55.15 Sec. 55. Minnesota Statutes 2003 Supplement, section 55.16 245C.18, is amended to read: 55.17 245C.18 [OBLIGATION TO REMOVE DISQUALIFIED INDIVIDUAL FROM 55.18 DIRECT CONTACT.] 55.19 Upon receipt of notice from the commissioner, the license 55.20 holder must remove a disqualified individual from direct contact 55.21 with persons served by the licensed program if: 55.22 (1) the individual does not request reconsideration under 55.23 section 245C.21 within the prescribed time, or if; 55.24 (2) the individual submits a timely request for 55.25 reconsideration,andthe commissioner does not set aside the 55.26 disqualification under section 245C.22, subdivision 4., and the 55.27 individual does not submit a timely request for a hearing under 55.28 sections 245C.27 and 256.045, or 245C.28 and chapter 14; or 55.29 (3) the individual submits a timely request for a hearing 55.30 under sections 245C.27 and 256.045, or 245C.28 and chapter 14, 55.31 and the commissioner does not set aside or rescind the 55.32 disqualification under section 245A.08, subdivision 5, or 55.33 256.045. 55.34 [EFFECTIVE DATE.] This section is effective the day 55.35 following final enactment. 55.36 Sec. 56. Minnesota Statutes 2003 Supplement, section 56.1 245C.20, is amended to read: 56.2 245C.20 [LICENSE HOLDER RECORD KEEPING.] 56.3 A licensed program shall document the date the program 56.4 initiates a background study under this chapter in the program's 56.5 personnel files. When a background study is completed under 56.6 this chapter, a licensed program shall maintain a notice that 56.7 the study was undertaken and completed in the program's 56.8 personnel files. If a licensed program has not received a 56.9 response from the commissioner under section 245C.17 within 45 56.10 days of initiation of the background study request, the licensed 56.11 program must contact the commissioner to inquire about the 56.12 status of the study. 56.13 [EFFECTIVE DATE.] This section is effective the day 56.14 following final enactment. 56.15 Sec. 57. Minnesota Statutes 2003 Supplement, section 56.16 245C.21, subdivision 3, is amended to read: 56.17 Subd. 3. [INFORMATION DISQUALIFIED INDIVIDUALS MUST 56.18 PROVIDE WHEN REQUESTING RECONSIDERATION.] The disqualified 56.19 individual requesting reconsideration must submit information 56.20 showing that: 56.21 (1) the information the commissioner relied upon in 56.22 determining the underlying conduct that gave rise to the 56.23 disqualification is incorrect; 56.24 (2) for maltreatment, the information the commissioner 56.25 relied upon in determining that maltreatment was serious or 56.26 recurring is incorrect; or 56.27 (3) the subject of the study does not pose a risk of harm 56.28 to any person served by the applicant, license holder, or 56.29registrantother entities as provided in this chapter, by 56.30 addressing the information required under section 245C.22, 56.31 subdivision 4. 56.32 [EFFECTIVE DATE.] This section is effective the day 56.33 following final enactment. 56.34 Sec. 58. Minnesota Statutes 2003 Supplement, section 56.35 245C.21, is amended by adding a subdivision to read: 56.36 Subd. 4. [NOTICE OF REQUEST FOR RECONSIDERATION.] Upon 57.1 request, the commissioner may inform the applicant, license 57.2 holder, or other entities as provided in this chapter who 57.3 received a notice of the individual's disqualification under 57.4 section 245C.17, subdivision 3, or has the consent of the 57.5 disqualified individual, whether the disqualified individual has 57.6 requested reconsideration. 57.7 [EFFECTIVE DATE.] This section is effective the day 57.8 following final enactment. 57.9 Sec. 59. Minnesota Statutes 2003 Supplement, section 57.10 245C.22, subdivision 3, is amended to read: 57.11 Subd. 3. [PREEMINENT WEIGHT GIVEN TO SAFETY OF PERSONS 57.12 BEING SERVED.] In reviewing a request for reconsideration of a 57.13 disqualification, the commissioner shall give preeminent weight 57.14 to the safety of each person served by the license holder, 57.15 applicant, orregistrantother entities as provided in this 57.16 chapter over the interests of the license holder, applicant, 57.17 orregistrantother entity as provided in this chapter, and any 57.18 single factor under subdivision 4, paragraph (b), may be 57.19 determinative of the commissioner's decision whether to set 57.20 aside the individual's disqualification. 57.21 [EFFECTIVE DATE.] This section is effective the day 57.22 following final enactment. 57.23 Sec. 60. Minnesota Statutes 2003 Supplement, section 57.24 245C.22, subdivision 4, is amended to read: 57.25 Subd. 4. [RISK OF HARM; SET ASIDE.] (a) The commissioner 57.26 may set aside the disqualification if the commissioner finds 57.27 that the individual has submitted sufficient information to 57.28 demonstrate that the individual does not pose a risk of harm to 57.29 any person served by the applicant, license holder, 57.30 orregistrantother entities as provided in this chapter. 57.31 (b) In determiningifwhether the individual has met the 57.32 burden of proof by demonstrating the individual does not pose a 57.33 risk of harm, the commissioner shall consider: 57.34 (1) the nature, severity, and consequences of the event or 57.35 events that led to the disqualification; 57.36 (2) whether there is more than one disqualifying event; 58.1 (3) the age and vulnerability of the victim at the time of 58.2 the event; 58.3 (4) the harm suffered by the victim; 58.4 (5) the similarity between the victim and persons served by 58.5 the program; 58.6 (6) the time elapsed without a repeat of the same or 58.7 similar event; 58.8 (7) documentation of successful completion by the 58.9 individual studied of training or rehabilitation pertinent to 58.10 the event; and 58.11 (8) any other information relevant to reconsideration. 58.12 [EFFECTIVE DATE.] This section is effective the day 58.13 following final enactment. 58.14 Sec. 61. Minnesota Statutes 2003 Supplement, section 58.15 245C.22, subdivision 5, is amended to read: 58.16 Subd. 5. [SCOPE OF SET ASIDE.] If the commissioner sets 58.17 aside a disqualification under this section, the disqualified 58.18 individual remains disqualified, but may hold a license and have 58.19 direct contact with or access to persons receiving services. 58.20 The commissioner's set aside of a disqualification is limited 58.21 solely to the licensed program, applicant, or agency specified 58.22 in the set aside notice under section 245C.23, unless otherwise 58.23 specified in the notice. 58.24 [EFFECTIVE DATE.] This section is effective the day 58.25 following final enactment. 58.26 Sec. 62. Minnesota Statutes 2003 Supplement, section 58.27 245C.22, subdivision 6, is amended to read: 58.28 Subd. 6. [RECISION OF SET ASIDE.] The commissioner may 58.29 rescind a previous set aside of a disqualification under this 58.30 section based on new information that indicates the individual 58.31 may pose a risk of harm to persons served by the applicant, 58.32 license holder, orregistrantother entities as provided in this 58.33 chapter. If the commissioner rescinds a set aside of a 58.34 disqualification under thisparagraphsubdivision, the appeal 58.35 rights under sections 245C.21and, 245C.27, subdivision 1, and 58.36 245C.28, subdivision 3, shall apply. 59.1 [EFFECTIVE DATE.] This section is effective the day 59.2 following final enactment. 59.3 Sec. 63. Minnesota Statutes 2003 Supplement, section 59.4 245C.23, subdivision 1, is amended to read: 59.5 Subdivision 1. [COMMISSIONER'S NOTICE OF DISQUALIFICATION 59.6 THAT IS SET ASIDE.] (a) Except as provided under paragraph (c), 59.7 if the commissioner sets aside a disqualification, the 59.8 commissioner shall notify the applicant or license holder in 59.9 writing or by electronic transmission of the decision. In the 59.10 notice from the commissioner that a disqualification has been 59.11 set aside, the commissioner must inform the license holder that 59.12 information about the nature of the disqualification and which 59.13 factors under section 245C.22, subdivision 4, were the basis of 59.14 the decision to set aside the disqualification are available to 59.15 the license holder upon request without the consent of the 59.16 background study subject. 59.17 (b) With the written consent of the background study 59.18 subject, the commissioner may release to the license holder 59.19 copies of all information related to the background study 59.20 subject's disqualification and the commissioner's decision to 59.21 set aside the disqualification as specified in the written 59.22 consent. 59.23 (c) If the individual studied submits a timely request for 59.24 reconsideration under section 245C.21 and the license holder was 59.25 previously sent a notice under section 245C.17, subdivision 3, 59.26 paragraph (d), and if the commissioner sets aside the 59.27 disqualification for that license holder under section 245C.22, 59.28 the commissioner shall send the license holder the same 59.29 notification received by license holders in cases where the 59.30 individual studied has no disqualifying characteristic. 59.31 [EFFECTIVE DATE.] This section is effective the day 59.32 following final enactment. 59.33 Sec. 64. Minnesota Statutes 2003 Supplement, section 59.34 245C.23, subdivision 2, is amended to read: 59.35 Subd. 2. [COMMISSIONER'S NOTICE OF DISQUALIFICATION THAT 59.36 IS NOT SET ASIDE.] (a) The commissioner shall notify the license 60.1 holder of the disqualification and order the license holder to 60.2 immediately remove the individual from any position allowing 60.3 direct contact with persons receiving services from the license 60.4 holder if: 60.5 (1) the individual studied does not submit a timely request 60.6 for reconsideration under section 245C.21, or; 60.7 (2) the individual submits a timely request for 60.8 reconsideration, but the commissioner does not set aside the 60.9 disqualification for that license holder under section 245C.22,60.10the commissioner shall notify the license holder of the60.11disqualification and order the license holder to immediately60.12remove the individual from any position allowing direct contact60.13with persons receiving services from the license holder.; 60.14 (3) an individual who has a right to request a hearing 60.15 under sections 245C.27 and 256.045, or 245C.28 and chapter 14 60.16 for a disqualification that has not been set aside, does not 60.17 request a hearing within the specified time; or 60.18 (4) an individual submitted a timely request for a hearing 60.19 under sections 245C.27 and 256.045, or 245C.28 and chapter 14, 60.20 but the commissioner does not set aside the disqualification 60.21 under section 245A.08, subdivision 5, or 256.045. 60.22 (b) If the commissioner does not set aside the 60.23 disqualification under section 245C.22, and the license holder 60.24 was previously ordered under section 245C.17 to immediately 60.25 remove the disqualified individual from direct contact with 60.26 persons receiving services or to ensure that the individual is 60.27 under continuous, direct supervision when providing direct 60.28 contact services, the order remains in effect pending the 60.29 outcome of a hearing under sections 245C.27 and 256.045, or 60.30 245C.28 and chapter 14. 60.31 [EFFECTIVE DATE.] This section is effective the day 60.32 following final enactment. 60.33 Sec. 65. Minnesota Statutes 2003 Supplement, section 60.34 245C.25, is amended to read: 60.35 245C.25 [CONSOLIDATED RECONSIDERATION OF MALTREATMENT 60.36 DETERMINATION AND DISQUALIFICATION.] 61.1 (a) If an individual is disqualified on the basis of a 61.2 determination of maltreatment under section 626.556 or 626.557, 61.3 which was serious or recurring, and the individual requests 61.4 reconsideration of the maltreatment determination under section 61.5 626.556, subdivision 10i, or 626.557, subdivision 9d, and also 61.6 requests reconsideration of the disqualification under section 61.7 245C.21, the commissioner shall consolidate the reconsideration 61.8 of the maltreatment determination and the disqualification into 61.9 a single reconsideration. 61.10 (b) For maltreatment and disqualification determinations 61.11 made by county agencies, the county agency shall conduct the 61.12 consolidated reconsideration. If the county agency has 61.13 disqualified an individual on multiple bases, one of which is a 61.14 county maltreatment determination for which the individual has a 61.15 right to request reconsideration, the county shall conduct the 61.16 reconsideration of all disqualifications. 61.17 (c) If the county has previously conducted a consolidated 61.18 reconsideration under paragraph (b) of a maltreatment 61.19 determination and a disqualification based on serious or 61.20 recurring maltreatment, and the county subsequently disqualifies 61.21 the individual based on that determination, the county shall 61.22 conduct the reconsideration of the subsequent disqualification. 61.23 The scope of the subsequent disqualification shall be limited to 61.24 whether the individual poses a risk of harm in accordance with 61.25 section 245C.22, subdivision 4. 61.26 [EFFECTIVE DATE.] This section is effective the day 61.27 following final enactment. 61.28 Sec. 66. Minnesota Statutes 2003 Supplement, section 61.29 245C.26, is amended to read: 61.30 245C.26 [RECONSIDERATION OF A DISQUALIFICATION FOR AN 61.31 INDIVIDUAL LIVING IN A LICENSED HOME.] 61.32 In the case of any ground for disqualification under this 61.33 chapter, if the act was committed by an individual other than 61.34 the applicant,or license holder, or registrantresiding in the 61.35 applicant's,or license holder's, or registrant'shome, the 61.36 applicant,or license holder, or registrantmay seek 62.1 reconsideration when the individual who committed the act no 62.2 longer resides in the home. 62.3 [EFFECTIVE DATE.] This section is effective the day 62.4 following final enactment. 62.5 Sec. 67. Minnesota Statutes 2003 Supplement, section 62.6 245C.27, subdivision 1, is amended to read: 62.7 Subdivision 1. [FAIR HEARING WHEN DISQUALIFICATION IS NOT 62.8 SET ASIDE.] (a) If the commissioner does not set aside or 62.9 rescind a disqualification of an individual under section 62.10 245C.22 who is disqualified on the basis of a preponderance of 62.11 evidence that the individual committed an act or acts that meet 62.12 the definition of any of the crimes listed in section 245C.15; 62.13 for a determination under section 626.556 or 626.557 of 62.14 substantiated maltreatment that was serious or recurring under 62.15 section 245C.15; or for failure to make required reports under 62.16 section 626.556, subdivision 3; or 626.557, subdivision 3, 62.17 pursuant to section 245C.15, subdivision 4, paragraph (b), 62.18 clause (1), the individual may request a fair hearing under 62.19 section 256.045, unless the disqualification is deemed 62.20 conclusive under section 245C.29. 62.21 (b) The fair hearing is the only administrative appeal of 62.22 the final agency determination for purposes of appeal by the 62.23 disqualified individual. The disqualified individual does not 62.24 have the right to challenge the accuracy and completeness of 62.25 data under section 13.04. 62.26 (c) If the individual was disqualified based on a 62.27 conviction or admission to any crimes listed in section 245C.15, 62.28 subdivisions 1 to 4, the reconsideration decision underthis62.29subdivisionsection 245C.22 is the final agency determination 62.30 for purposes of appeal by the disqualified individual and is not 62.31 subject to a hearing under section 256.045. 62.32 (d) Thissectionsubdivision does not apply to a public 62.33 employee's appeal of a disqualification under section 245C.28, 62.34 subdivision 3. 62.35 [EFFECTIVE DATE.] This section is effective the day 62.36 following final enactment. 63.1 Sec. 68. Minnesota Statutes 2003 Supplement, section 63.2 245C.27, subdivision 2, is amended to read: 63.3 Subd. 2. [CONSOLIDATED FAIR HEARING FOR MALTREATMENT 63.4 DETERMINATION AND DISQUALIFICATION NOT SET ASIDE.] (a) If an 63.5 individual who is disqualified on the bases of serious or 63.6 recurring maltreatment requests a fair hearing on the 63.7 maltreatment determination under section 626.556, subdivision 63.8 10i, or 626.557, subdivision 9d, and requests a fair hearing 63.9 under this section on the disqualification, which has not been 63.10 set asideor rescinded, the scope of the fair hearing under 63.11 section 256.045 shall include the maltreatment determination and 63.12 the disqualification. 63.13 (b) A fair hearing is the only administrative appeal of the 63.14 final agency determination. The disqualified individual does 63.15 not have the right to challenge the accuracy and completeness of 63.16 data under section 13.04. 63.17 (c) Thissectionsubdivision does not apply to a public 63.18 employee's appeal of a disqualification under section 245C.28, 63.19 subdivision 3. 63.20 [EFFECTIVE DATE.] This section is effective the day 63.21 following final enactment. 63.22 Sec. 69. Minnesota Statutes 2003 Supplement, section 63.23 245C.28, subdivision 1, is amended to read: 63.24 Subdivision 1. [LICENSE HOLDER.] (a) If a maltreatment 63.25 determination or a disqualification for which reconsideration 63.26 was requested and which was not set asideor rescindedis the 63.27 basis for a denial of a license under section 245A.05 or a 63.28 licensing sanction under section 245A.07, the license holder has 63.29 the right to a contested case hearing under chapter 14 and 63.30 Minnesota Rules, parts 1400.8505 to 1400.8612. 63.31 (b) The license holder must submit the appeal in accordance 63.32 with section 245A.05 or 245A.07, subdivision 3. As provided 63.33 under section 245A.08, subdivision 2a, the scope of the 63.34 consolidated contested case hearing must include the 63.35 disqualification and the licensing sanction or denial of a 63.36 license. 64.1 (c) If the disqualification was based on a determination of 64.2 substantiated serious or recurring maltreatment under section 64.3 626.556 or 626.557, the appeal must be submitted in accordance 64.4 with sections 245A.07, subdivision 3, and 626.556, subdivision 64.5 10i, or 626.557, subdivision 9d. As provided for under section 64.6 245A.08, subdivision 2a, the scope of the contested case hearing 64.7 must include the maltreatment determination, the 64.8 disqualification, and the licensing sanction or denial of a 64.9 license. In such cases, a fair hearing must not be conducted 64.10 under section 256.045. 64.11 [EFFECTIVE DATE.] This section is effective the day 64.12 following final enactment. 64.13 Sec. 70. Minnesota Statutes 2003 Supplement, section 64.14 245C.28, subdivision 2, is amended to read: 64.15 Subd. 2. [INDIVIDUAL OTHER THAN LICENSE HOLDER.] If the 64.16 basis for the commissioner's denial of a license under section 64.17 245A.05 or a licensing sanction under section 245A.07 is a 64.18 maltreatment determination or disqualification that was not set 64.19 asideor rescindedunder section 245C.22, and the disqualified 64.20 subject is an individual other than the license holder and upon 64.21 whom a background study must be conducted under section 245C.03, 64.22 the hearing of all parties may be consolidated into a single 64.23 contested case hearing upon consent of all parties and the 64.24 administrative law judge. 64.25 [EFFECTIVE DATE.] This section is effective the day 64.26 following final enactment. 64.27 Sec. 71. Minnesota Statutes 2003 Supplement, section 64.28 245C.28, subdivision 3, is amended to read: 64.29 Subd. 3. [EMPLOYEES OF PUBLIC EMPLOYER.] (a) If the 64.30 commissioner does not set aside the disqualification of an 64.31 individual who is an employee of an employer, as defined in 64.32 section 179A.03, subdivision 15, the individual may request a 64.33 contested case hearing under chapter 14. The request for a 64.34 contested case hearing must be made in writing and must be 64.35 postmarked and mailed within 30 calendar days after the employee 64.36 receives notice that the disqualification has not been set aside. 65.1 (b) If the commissioner does not set aside or rescind a 65.2 disqualification that is based on a maltreatment determination, 65.3 the scope of the contested case hearing must include the 65.4 maltreatment determination and the disqualification. In such 65.5 cases, a fair hearing must not be conducted under section 65.6 256.045. 65.7 (c) Rules adopted under this chapter may not preclude an 65.8 employee in a contested case hearing for a disqualification from 65.9 submitting evidence concerning information gathered under this 65.10 chapter. 65.11 (d) When a person has been disqualified from multiple 65.12 licensed programs and the disqualifications have not been set 65.13 aside under section 245C.22, if at least one of the 65.14 disqualifications entitles the person to a contested case 65.15 hearing under this subdivision, the scope of the contested case 65.16 hearing shall include all disqualifications from licensed 65.17 programs which were not set aside. 65.18 (e) In determining whether the disqualification should be 65.19 set aside, the administrative law judge shall consider all of 65.20 the characteristics that cause the individual to be 65.21 disqualified, including those characteristics that were not 65.22 subject to review under paragraph (b), in order to determine 65.23 whether the individual poses a risk of harm. The administrative 65.24 law judge's recommendation and the commissioner's order to set 65.25 aside a disqualification that is the subject of the hearing 65.26 constitutes a determination that the individual does not pose a 65.27 risk of harm and that the individual may provide direct contact 65.28 services in the individual program specified in the set aside. 65.29 [EFFECTIVE DATE.] This section is effective the day 65.30 following final enactment. 65.31 Sec. 72. Minnesota Statutes 2003 Supplement, section 65.32 245C.29, subdivision 2, is amended to read: 65.33 Subd. 2. [CONCLUSIVE DISQUALIFICATION DETERMINATION.] (a) 65.34 Unless otherwise specified in statute, a determination that: 65.35 (1) the information the commissioner relied upon to 65.36 disqualify an individual under section 245C.14 was correct based 66.1 on serious or recurring maltreatment; 66.2 (2) a preponderance of the evidence shows that the 66.3 individual committed an act or acts that meet the definition of 66.4 any of the crimes listed in section 245C.15; or 66.5 (3) the individual failed to make required reports under 66.6 section 626.556, subdivision 3, or 626.557, subdivision 3, is 66.7 conclusive if: 66.8 (i) the commissioner has issued a final order in an appeal 66.9 of that determination under section 245A.08, subdivision 5, or 66.10 256.045, or a court has issued a final decision; 66.11 (ii) the individual did not request reconsideration of the 66.12 disqualification under section 245C.21; or 66.13 (iii) the individual did not request a hearing on the 66.14 disqualification under section 256.045 or chapter 14. 66.15 (b) When a licensing action under section 245A.05, 245A.06, 66.16 or 245A.07 is based on the disqualification of an individual in 66.17 connection with a license to provide family child care, foster 66.18 care for children in the provider's own home, or foster care 66.19 services for adults in the provider's own home, that 66.20 disqualification shall be conclusive for purposes of the 66.21 licensing action if a request for reconsideration was not 66.22 submitted within 30 calendar days of the individual's receipt of 66.23 the notice of disqualification. 66.24 (c) If a determination that the information relied upon to 66.25 disqualify an individual was correct and is conclusive under 66.26 this section, and the individual is subsequently disqualified 66.27 under section 245C.15, the individual has a right to request 66.28 reconsideration on the risk of harm under section 245C.21. 66.29 Subsequent determinations regarding the risk of harm shall be 66.30 made according to section 245C.22 and are not subject to another 66.31 hearing under section 256.045 or chapter 14. 66.32 [EFFECTIVE DATE.] This section is effective the day 66.33 following final enactment. 66.34 Sec. 73. Minnesota Statutes 2002, section 252.28, 66.35 subdivision 1, is amended to read: 66.36 Subdivision 1. [DETERMINATIONS; REDETERMINATIONS.] In 67.1 conjunction with the appropriate county boards, the commissioner 67.2 of human services shall determine, and shall redetermine at 67.3 least every four years, the need, anticipated growth or decline 67.4 in need until the next anticipated redetermination, location, 67.5 size, and program of public and private day training and 67.6 habilitation services for persons with mental retardation or 67.7 related conditions. This subdivision does not apply to 67.8 semi-independent living services and residential-based 67.9 habilitation services provided to four or fewer persons at a 67.10 single site funded as home and community-based services. A 67.11 determination of need shall not be required for a change in 67.12 ownership. 67.13 [EFFECTIVE DATE.] This section is effective the day 67.14 following final enactment. 67.15 Sec. 74. Minnesota Statutes 2003 Supplement, section 67.16 256.045, subdivision 3, is amended to read: 67.17 Subd. 3. [STATE AGENCY HEARINGS.] (a) State agency 67.18 hearings are available for the following: (1) any person 67.19 applying for, receiving or having received public assistance, 67.20 medical care, or a program of social services granted by the 67.21 state agency or a county agency or the federal Food Stamp Act 67.22 whose application for assistance is denied, not acted upon with 67.23 reasonable promptness, or whose assistance is suspended, 67.24 reduced, terminated, or claimed to have been incorrectly paid; 67.25 (2) any patient or relative aggrieved by an order of the 67.26 commissioner under section 252.27; (3) a party aggrieved by a 67.27 ruling of a prepaid health plan; (4) except as provided under 67.28 chapter 245C, any individual or facility determined by a lead 67.29 agency to have maltreated a vulnerable adult under section 67.30 626.557 after they have exercised their right to administrative 67.31 reconsideration under section 626.557; (5) any person whose 67.32 claim for foster care payment according to a placement of the 67.33 child resulting from a child protection assessment under section 67.34 626.556 is denied or not acted upon with reasonable promptness, 67.35 regardless of funding source; (6) any person to whom a right of 67.36 appeal according to this section is given by other provision of 68.1 law; (7) an applicant aggrieved by an adverse decision to an 68.2 application for a hardship waiver under section 256B.15; (8) 68.3 except as provided under chapter 245A, an individual or facility 68.4 determined to have maltreated a minor under section 626.556, 68.5 after the individual or facility has exercised the right to 68.6 administrative reconsideration under section 626.556; or (9) 68.7 except as provided under chapter 245C, an individual 68.8 disqualified under sections 245C.14 and 245C.15, on the basis of 68.9 serious or recurring maltreatment; a preponderance of the 68.10 evidence that the individual has committed an act or acts that 68.11 meet the definition of any of the crimes listed in section 68.12 245C.15, subdivisions 1 to 4; or for failing to make reports 68.13 required under section 626.556, subdivision 3, or 626.557, 68.14 subdivision 3. Hearings regarding a maltreatment determination 68.15 under clause (4) or (8) and a disqualification under this clause 68.16 in which the basis for a disqualification is serious or 68.17 recurring maltreatment, which has not been set asideor68.18rescindedunder sections 245C.22 and 245C.23, shall be 68.19 consolidated into a single fair hearing. In such cases, the 68.20 scope of review by the human services referee shall include both 68.21 the maltreatment determination and the disqualification. The 68.22 failure to exercise the right to an administrative 68.23 reconsideration shall not be a bar to a hearing under this 68.24 section if federal law provides an individual the right to a 68.25 hearing to dispute a finding of maltreatment. Individuals and 68.26 organizations specified in this section may contest the 68.27 specified action, decision, or final disposition before the 68.28 state agency by submitting a written request for a hearing to 68.29 the state agency within 30 days after receiving written notice 68.30 of the action, decision, or final disposition, or within 90 days 68.31 of such written notice if the applicant, recipient, patient, or 68.32 relative shows good cause why the request was not submitted 68.33 within the 30-day time limit. 68.34 The hearing for an individual or facility under clause (4), 68.35 (8), or (9) is the only administrative appeal to the final 68.36 agency determination specifically, including a challenge to the 69.1 accuracy and completeness of data under section 13.04. Hearings 69.2 requested under clause (4) apply only to incidents of 69.3 maltreatment that occur on or after October 1, 1995. Hearings 69.4 requested by nursing assistants in nursing homes alleged to have 69.5 maltreated a resident prior to October 1, 1995, shall be held as 69.6 a contested case proceeding under the provisions of chapter 14. 69.7 Hearings requested under clause (8) apply only to incidents of 69.8 maltreatment that occur on or after July 1, 1997. A hearing for 69.9 an individual or facility under clause (8) is only available 69.10 when there is no juvenile court or adult criminal action 69.11 pending. If such action is filed in either court while an 69.12 administrative review is pending, the administrative review must 69.13 be suspended until the judicial actions are completed. If the 69.14 juvenile court action or criminal charge is dismissed or the 69.15 criminal action overturned, the matter may be considered in an 69.16 administrative hearing. 69.17 For purposes of this section, bargaining unit grievance 69.18 procedures are not an administrative appeal. 69.19 The scope of hearings involving claims to foster care 69.20 payments under clause (5) shall be limited to the issue of 69.21 whether the county is legally responsible for a child's 69.22 placement under court order or voluntary placement agreement 69.23 and, if so, the correct amount of foster care payment to be made 69.24 on the child's behalf and shall not include review of the 69.25 propriety of the county's child protection determination or 69.26 child placement decision. 69.27 (b) A vendor of medical care as defined in section 256B.02, 69.28 subdivision 7, or a vendor under contract with a county agency 69.29 to provide social services is not a party and may not request a 69.30 hearing under this section, except if assisting a recipient as 69.31 provided in subdivision 4. 69.32 (c) An applicant or recipient is not entitled to receive 69.33 social services beyond the services included in the amended 69.34 community social services plan. 69.35 (d) The commissioner may summarily affirm the county or 69.36 state agency's proposed action without a hearing when the sole 70.1 issue is an automatic change due to a change in state or federal 70.2 law. 70.3 [EFFECTIVE DATE.] This section is effective the day 70.4 following final enactment. 70.5 Sec. 75. Minnesota Statutes 2003 Supplement, section 70.6 256.045, subdivision 3b, is amended to read: 70.7 Subd. 3b. [STANDARD OF EVIDENCE FOR MALTREATMENT AND 70.8 DISQUALIFICATION HEARINGS.] (a) The state human services referee 70.9 shall determine that maltreatment has occurred if a 70.10 preponderance of evidence exists to support the final 70.11 disposition under sections 626.556 and 626.557. For purposes of 70.12 hearings regarding disqualification, the state human services 70.13 referee shall affirm the proposed disqualification in an appeal 70.14 under subdivision 3, paragraph (a), clause (9), if a 70.15 preponderance of the evidence shows the individual has: 70.16 (1) committed maltreatment under section 626.556 or 70.17 626.557, which is serious or recurring; 70.18 (2) committed an act or acts meeting the definition of any 70.19 of the crimes listed in section 245C.15, subdivisions 1 to 4; or 70.20 (3) failed to make required reports under section 626.556 70.21 or 626.557, for incidents in which the final disposition under 70.22 section 626.556 or 626.557 was substantiated maltreatment that 70.23 was serious or recurring. 70.24 (b) If the disqualification is affirmed, the state human 70.25 services referee shall determine whether the individual poses a 70.26 risk of harm in accordance with the requirements of section 70.27 245C.16., and whether the disqualification should be set aside 70.28 or not set aside. In determining whether the disqualification 70.29 should be set aside, the human services referee shall consider 70.30 all of the characteristics that cause the individual to be 70.31 disqualified, including those characteristics that were not 70.32 subject to review under paragraph (a), in order to determine 70.33 whether the individual poses a risk of harm. A decision to set 70.34 aside a disqualification that is the subject of the hearing 70.35 constitutes a determination that the individual does not pose a 70.36 risk of harm and that the individual may provide direct contact 71.1 services in the individual program specified in the set aside. 71.2 If a determination that the information relied upon to 71.3 disqualify an individual was correct and is conclusive under 71.4 section 245C.29, and the individual is subsequently disqualified 71.5 under section 245C.14, the individual has a right to again 71.6 request reconsideration on the risk of harm under section 71.7 245C.21. Subsequent determinations regarding risk of harm are 71.8 not subject to another hearing under this section. 71.9 (c) The state human services referee shall recommend an 71.10 order to the commissioner of health, education, or human 71.11 services, as applicable, who shall issue a final order. The 71.12 commissioner shall affirm, reverse, or modify the final 71.13 disposition. Any order of the commissioner issued in accordance 71.14 with this subdivision is conclusive upon the parties unless 71.15 appeal is taken in the manner provided in subdivision 7. In any 71.16 licensing appeal under chapters 245A and 245C and sections 71.17 144.50 to 144.58 and 144A.02 to 144A.46, the commissioner's 71.18 determination as to maltreatment is conclusive, as provided 71.19 under section 245C.29. 71.20 [EFFECTIVE DATE.] This section is effective the day 71.21 following final enactment. 71.22 Sec. 76. Minnesota Statutes 2003 Supplement, section 71.23 626.556, subdivision 10i, is amended to read: 71.24 Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF FINAL 71.25 DETERMINATION OF MALTREATMENT AND DISQUALIFICATION BASED ON 71.26 SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as 71.27 provided under paragraph (e), an individual or facility that the 71.28 commissioner of human services, a local social service agency, 71.29 or the commissioner of education determines has maltreated a 71.30 child, an interested person acting on behalf of the child, 71.31 regardless of the determination, who contests the investigating 71.32 agency's final determination regarding maltreatment, may request 71.33 the investigating agency to reconsider its final determination 71.34 regarding maltreatment. The request for reconsideration must be 71.35 submitted in writing to the investigating agency within 15 71.36 calendar days after receipt of notice of the final determination 72.1 regarding maltreatment or, if the request is made by an 72.2 interested person who is not entitled to notice, within 15 days 72.3 after receipt of the notice by the parent or guardian of the 72.4 child. Effective January 1, 2002, an individual who was 72.5 determined to have maltreated a child under this section and who 72.6 was disqualified on the basis of serious or recurring 72.7 maltreatment under sections 245C.14 and 245C.15, may request 72.8 reconsideration of the maltreatment determination and the 72.9 disqualification. The request for reconsideration of the 72.10 maltreatment determination and the disqualification must be 72.11 submitted within 30 calendar days of the individual's receipt of 72.12 the notice of disqualification under sections 245C.16 and 72.13 245C.17. 72.14 (b) Except as provided under paragraphs (e) and (f), if the 72.15 investigating agency denies the request or fails to act upon the 72.16 request within 15 calendar days after receiving the request for 72.17 reconsideration, the person or facility entitled to a fair 72.18 hearing under section 256.045 may submit to the commissioner of 72.19 human services or the commissioner of education a written 72.20 request for a hearing under that section. Section 256.045 also 72.21 governs hearings requested to contest a final determination of 72.22 the commissioner of education. For reports involving 72.23 maltreatment of a child in a facility, an interested person 72.24 acting on behalf of the child may request a review by the Child 72.25 Maltreatment Review Panel under section 256.022 if the 72.26 investigating agency denies the request or fails to act upon the 72.27 request or if the interested person contests a reconsidered 72.28 determination. The investigating agency shall notify persons 72.29 who request reconsideration of their rights under this 72.30 paragraph. The request must be submitted in writing to the 72.31 review panel and a copy sent to the investigating agency within 72.32 30 calendar days of receipt of notice of a denial of a request 72.33 for reconsideration or of a reconsidered determination. The 72.34 request must specifically identify the aspects of the agency 72.35 determination with which the person is dissatisfied. 72.36 (c) If, as a result of a reconsideration or review, the 73.1 investigating agency changes the final determination of 73.2 maltreatment, that agency shall notify the parties specified in 73.3 subdivisions 10b, 10d, and 10f. 73.4 (d) Except as provided under paragraph (f), if an 73.5 individual or facility contests the investigating agency's final 73.6 determination regarding maltreatment by requesting a fair 73.7 hearing under section 256.045, the commissioner of human 73.8 services shall assure that the hearing is conducted and a 73.9 decision is reached within 90 days of receipt of the request for 73.10 a hearing. The time for action on the decision may be extended 73.11 for as many days as the hearing is postponed or the record is 73.12 held open for the benefit of either party. 73.13 (e) Effective January 1, 2002, if an individual was 73.14 disqualified under sections 245C.14 and 245C.15, on the basis of 73.15 a determination of maltreatment, which was serious or recurring, 73.16 and the individual has requested reconsideration of the 73.17 maltreatment determination under paragraph (a) and requested 73.18 reconsideration of the disqualification under sections 245C.21 73.19 to 245C.27, reconsideration of the maltreatment determination 73.20 and reconsideration of the disqualification shall be 73.21 consolidated into a single reconsideration. If reconsideration 73.22 of the maltreatment determination is denied or the 73.23 disqualification is not set asideor rescindedunder sections 73.24 245C.21 to 245C.27, the individual may request a fair hearing 73.25 under section 256.045. If an individual requests a fair hearing 73.26 on the maltreatment determination and the disqualification, the 73.27 scope of the fair hearing shall include both the maltreatment 73.28 determination and the disqualification. 73.29 (f) Effective January 1, 2002, if a maltreatment 73.30 determination or a disqualification based on serious or 73.31 recurring maltreatment is the basis for a denial of a license 73.32 under section 245A.05 or a licensing sanction under section 73.33 245A.07, the license holder has the right to a contested case 73.34 hearing under chapter 14 and Minnesota Rules, parts1400.851073.35 1400.8505 to 1400.8612and successor rules. As provided for 73.36 under section 245A.08, subdivision 2a, the scope of the 74.1 contested case hearing shall include the maltreatment 74.2 determination, disqualification, and licensing sanction or 74.3 denial of a license. In such cases, a fair hearing regarding 74.4 the maltreatment determination shall not be conducted under 74.5 paragraph (b). If the disqualified subject is an individual 74.6 other than the license holder and upon whom a background study 74.7 must be conducted under chapter 245C, the hearings of all 74.8 parties may be consolidated into a single contested case hearing 74.9 upon consent of all parties and the administrative law judge. 74.10 (g) For purposes of this subdivision, "interested person 74.11 acting on behalf of the child" means a parent or legal guardian; 74.12 stepparent; grandparent; guardian ad litem; adult stepbrother, 74.13 stepsister, or sibling; or adult aunt or uncle; unless the 74.14 person has been determined to be the perpetrator of the 74.15 maltreatment. 74.16 [EFFECTIVE DATE.] This section is effective the day 74.17 following final enactment. 74.18 Sec. 77. Minnesota Statutes 2003 Supplement, section 74.19 626.557, subdivision 9d, is amended to read: 74.20 Subd. 9d. [ADMINISTRATIVE RECONSIDERATION OF FINAL 74.21 DISPOSITION OF MALTREATMENT AND DISQUALIFICATION BASED ON 74.22 SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as 74.23 provided under paragraph (e), any individual or facility which a 74.24 lead agency determines has maltreated a vulnerable adult, or the 74.25 vulnerable adult or an interested person acting on behalf of the 74.26 vulnerable adult, regardless of the lead agency's determination, 74.27 who contests the lead agency's final disposition of an 74.28 allegation of maltreatment, may request the lead agency to 74.29 reconsider its final disposition. The request for 74.30 reconsideration must be submitted in writing to the lead agency 74.31 within 15 calendar days after receipt of notice of final 74.32 disposition or, if the request is made by an interested person 74.33 who is not entitled to notice, within 15 days after receipt of 74.34 the notice by the vulnerable adult or the vulnerable adult's 74.35 legal guardian. An individual who was determined to have 74.36 maltreated a vulnerable adult under this section and who was 75.1 disqualified on the basis of serious or recurring maltreatment 75.2 under sections 245C.14 and 245C.15, may request reconsideration 75.3 of the maltreatment determination and the disqualification. The 75.4 request for reconsideration of the maltreatment determination 75.5 and the disqualification must be submitted within 30 calendar 75.6 days of the individual's receipt of the notice of 75.7 disqualification under sections 245C.16 and 245C.17. 75.8 (b) Except as provided under paragraphs (e) and (f), if the 75.9 lead agency denies the request or fails to act upon the request 75.10 within 15 calendar days after receiving the request for 75.11 reconsideration, the person or facility entitled to a fair 75.12 hearing under section 256.045, may submit to the commissioner of 75.13 human services a written request for a hearing under that 75.14 statute. The vulnerable adult, or an interested person acting 75.15 on behalf of the vulnerable adult, may request a review by the 75.16 Vulnerable Adult Maltreatment Review Panel under section 256.021 75.17 if the lead agency denies the request or fails to act upon the 75.18 request, or if the vulnerable adult or interested person 75.19 contests a reconsidered disposition. The lead agency shall 75.20 notify persons who request reconsideration of their rights under 75.21 this paragraph. The request must be submitted in writing to the 75.22 review panel and a copy sent to the lead agency within 30 75.23 calendar days of receipt of notice of a denial of a request for 75.24 reconsideration or of a reconsidered disposition. The request 75.25 must specifically identify the aspects of the agency 75.26 determination with which the person is dissatisfied. 75.27 (c) If, as a result of a reconsideration or review, the 75.28 lead agency changes the final disposition, it shall notify the 75.29 parties specified in subdivision 9c, paragraph (d). 75.30 (d) For purposes of this subdivision, "interested person 75.31 acting on behalf of the vulnerable adult" means a person 75.32 designated in writing by the vulnerable adult to act on behalf 75.33 of the vulnerable adult, or a legal guardian or conservator or 75.34 other legal representative, a proxy or health care agent 75.35 appointed under chapter 145B or 145C, or an individual who is 75.36 related to the vulnerable adult, as defined in section 245A.02, 76.1 subdivision 13. 76.2 (e) If an individual was disqualified under sections 76.3 245C.14 and 245C.15, on the basis of a determination of 76.4 maltreatment, which was serious or recurring, and the individual 76.5 has requested reconsideration of the maltreatment determination 76.6 under paragraph (a) and reconsideration of the disqualification 76.7 under sections 245C.21 to 245C.27, reconsideration of the 76.8 maltreatment determination and requested reconsideration of the 76.9 disqualification shall be consolidated into a single 76.10 reconsideration. If reconsideration of the maltreatment 76.11 determination is denied or if the disqualification is not set 76.12 asideor rescindedunder sections 245C.21 to 245C.27, the 76.13 individual may request a fair hearing under section 256.045. If 76.14 an individual requests a fair hearing on the maltreatment 76.15 determination and the disqualification, the scope of the fair 76.16 hearing shall include both the maltreatment determination and 76.17 the disqualification. 76.18 (f) If a maltreatment determination or a disqualification 76.19 based on serious or recurring maltreatment is the basis for a 76.20 denial of a license under section 245A.05 or a licensing 76.21 sanction under section 245A.07, the license holder has the right 76.22 to a contested case hearing under chapter 14 and Minnesota 76.23 Rules, parts1400.85101400.8505 to 1400.8612and successor76.24rules. As provided for under section 245A.08, the scope of the 76.25 contested case hearing shall include the maltreatment 76.26 determination, disqualification, and licensing sanction or 76.27 denial of a license. In such cases, a fair hearing shall not be 76.28 conducted under paragraph (b). If the disqualified subject is 76.29 an individual other than the license holder and upon whom a 76.30 background study must be conducted under chapter 245C, the 76.31 hearings of all parties may be consolidated into a single 76.32 contested case hearing upon consent of all parties and the 76.33 administrative law judge. 76.34 (g) Until August 1, 2002, an individual or facility that 76.35 was determined by the commissioner of human services or the 76.36 commissioner of health to be responsible for neglect under 77.1 section 626.5572, subdivision 17, after October 1, 1995, and 77.2 before August 1, 2001, that believes that the finding of neglect 77.3 does not meet an amended definition of neglect may request a 77.4 reconsideration of the determination of neglect. The 77.5 commissioner of human services or the commissioner of health 77.6 shall mail a notice to the last known address of individuals who 77.7 are eligible to seek this reconsideration. The request for 77.8 reconsideration must state how the established findings no 77.9 longer meet the elements of the definition of neglect. The 77.10 commissioner shall review the request for reconsideration and 77.11 make a determination within 15 calendar days. The 77.12 commissioner's decision on this reconsideration is the final 77.13 agency action. 77.14 (1) For purposes of compliance with the data destruction 77.15 schedule under subdivision 12b, paragraph (d), when a finding of 77.16 substantiated maltreatment has been changed as a result of a 77.17 reconsideration under this paragraph, the date of the original 77.18 finding of a substantiated maltreatment must be used to 77.19 calculate the destruction date. 77.20 (2) For purposes of any background studies under chapter 77.21 245C, when a determination of substantiated maltreatment has 77.22 been changed as a result of a reconsideration under this 77.23 paragraph, any prior disqualification of the individual under 77.24 chapter 245C that was based on this determination of 77.25 maltreatment shall be rescinded, and for future background 77.26 studies under chapter 245C the commissioner must not use the 77.27 previous determination of substantiated maltreatment as a basis 77.28 for disqualification or as a basis for referring the 77.29 individual's maltreatment history to a health-related licensing 77.30 board under section 245C.31. 77.31 [EFFECTIVE DATE.] This section is effective the day 77.32 following final enactment. 77.33 Sec. 78. [DIRECTION TO COMMISSIONER; REPORT.] 77.34 The commissioner of human services shall report on the 77.35 number of adult foster care licenses, family adult day services 77.36 licenses, combined adult foster care and family adult day 78.1 services, and adult day services center licenses and their 78.2 capacities with changes in the number of licenses and capacities 78.3 from August 1, 2004, to August 1, 2006. The commissioner shall 78.4 provide this report to the chairs of the senate and house 78.5 committees with jurisdiction over health and human services 78.6 policy by September 15, 2006. 78.7 Sec. 79. [REVISOR'S INSTRUCTION.] 78.8 The revisor of statutes shall insert the phrase "or adult 78.9 day services" after the phrase "adult day care," and the phrase 78.10 "or adult day services center" after "adult day care center," 78.11 wherever it appears in Minnesota Rules, parts 9555.9600 to 78.12 9555.9730, or the headnotes to the rule parts. 78.13 Sec. 80. [REPEALER.] 78.14 Minnesota Statutes 2003 Supplement, section 245C.02, 78.15 subdivision 17; and Minnesota Rules, parts 9525.1600; 9543.0040, 78.16 subpart 3; 9543.1000; 9543.1010; 9543.1020; 9543.1030; 78.17 9543.1040; 9543.1050; 9543.1060, are repealed. 78.18 ARTICLE 2 78.19 CORRECTIONS 78.20 Section 1. Minnesota Statutes 2003 Supplement, section 78.21 241.021, subdivision 6, is amended to read: 78.22 Subd. 6. [BACKGROUND STUDIES.] (a) The commissioner of 78.23 corrections is authorized to do background studies on personnel 78.24 employed by any facility serving children or youth that is 78.25 licensed under this section. The commissioner of corrections 78.26 shall contract with the commissioner of human services to 78.27 conduct background studies of individuals providing services in 78.28 secure and nonsecure residential facilities and detention 78.29 facilities who have direct contact, as defined under section 78.30 245C.02, subdivision 11, with persons served in the facilities. 78.31 A disqualification of an individual in this section shall 78.32 disqualify the individualfrom positions allowing direct contact78.33or access to persons and residents receiving services in78.34programs licensed by the Departments of Health and Human78.35Servicesas provided in chapter 245C. 78.36 (b) A clerk or administrator of any court, the Bureau of 79.1 Criminal Apprehension, a prosecuting attorney, a county sheriff, 79.2 or a chief of a local police department, shall assist in these 79.3 studies by providing to the commissioner of human services, or 79.4 the commissioner's representative, all criminal conviction data 79.5 available from local, state, and national criminal history 79.6 record repositories, including the criminal justice data 79.7 communications network, pertaining to the following individuals: 79.8 applicants, operators, all persons living in the household, and 79.9 all staff of any facility subject to background studies under 79.10 this subdivision. 79.11 (c) The Department of Human Services shall conduct the 79.12 background studies required by paragraph (a) in compliance with 79.13 the provisions of chapter 245C. For the purpose of this 79.14 subdivision, the term "secure and nonsecure residential facility 79.15 and detention facility" shall include programs licensed or 79.16 certified under subdivision 2. The Department of Human Services 79.17 shall provide necessary forms and instructions, shall conduct 79.18 the necessary background studies of individuals, and shall 79.19 provide notification of the results of the studies to the 79.20 facilities, individuals, and the commissioner of corrections. 79.21 Individuals shall be disqualified under the provisions of 79.22 chapter 245C. 79.23 If an individual is disqualified, the Department of Human 79.24 Services shall notify the facility and the individual and shall 79.25 inform the individual of the right to request a reconsideration 79.26 of the disqualification by submitting the request to the 79.27 Department of Corrections. 79.28 (d) The commissioner of corrections shall review and decide 79.29 reconsideration requests, including the granting of variances, 79.30 in accordance with the procedures and criteria contained in 79.31 chapter 245C. The commissioner's decision shall be provided to 79.32 the individual and to the Department of Human Services. The 79.33 commissioner's decision to grant or deny a reconsideration of 79.34 disqualification is the final administrative agency action. 79.35 (e) Facilities described in paragraph (a) shall be 79.36 responsible for cooperating with the departments in implementing 80.1 the provisions of this subdivision. The responsibilities 80.2 imposed on applicants and licensees under chapters 245A and 245C 80.3 shall apply to these facilities.The provisions of sections80.4245C.03, subdivision 3, 245C.04, subdivision 4, paragraph (b),80.5and 245C.10, subdivision 2, shall apply to applicants,80.6licensees, and individuals.80.7 ARTICLE 3 80.8 MISCELLANEOUS 80.9 Section 1. Minnesota Statutes 2002, section 245.4881, 80.10 subdivision 1, is amended to read: 80.11 Subdivision 1. [AVAILABILITY OF CASE MANAGEMENT SERVICES.] 80.12 (a)By April 1, 1992,The county board shall provide case 80.13 management services for each child with severe emotional 80.14 disturbance who is a resident of the county and the child's 80.15 family who request or consent to the services. Case management 80.16 services may be continued to be provided for a child with a 80.17 serious emotional disturbance who is over the age of 18 80.18 consistent with section 245.4875, subdivision 8. Staffing 80.19 ratios must be sufficient to serve the needs of the clients. 80.20 The case manager must meet the requirements in section 245.4871, 80.21 subdivision 4. 80.22 (b) Except as permitted by law and the commissioner under 80.23 demonstration projects, case management services provided to 80.24 children with severe emotional disturbance eligible for medical 80.25 assistance must be billed to the medical assistance program 80.26 under sections 256B.02, subdivision 8, and 256B.0625. 80.27 (c) Case management services are eligible for reimbursement 80.28 under the medical assistance program. Costs of mentoring, 80.29 supervision, and continuing education may be included in the 80.30 reimbursement rate methodology used for case management services 80.31 under the medical assistance program. 80.32 [EFFECTIVE DATE.] This section is effective July 1, 2004. 80.33 Sec. 2. Minnesota Statutes 2003 Supplement, section 80.34 256B.0596, is amended to read: 80.35 256B.0596 [MENTAL HEALTH CASE MANAGEMENT.] 80.36 Counties shall contract with eligible providers willing to 81.1 provide mental health case management services under section 81.2 256B.0625, subdivision 20. In order to be eligible, in addition 81.3 to general provider requirements under this chapter, the 81.4 provider must: 81.5 (1) be willing to provide the mental health case management 81.6 services; and 81.7 (2) have a minimum of at least one contact with the client 81.8 per week. This section is not intended to limit the ability of 81.9 a county to provide its own mental health case management 81.10 services. 81.11 Sec. 3. Minnesota Statutes 2002, section 256F.10, 81.12 subdivision 5, is amended to read: 81.13 Subd. 5. [CASE MANAGERS.] Case managers are individuals 81.14 employed by and authorized by the certified child welfare 81.15 targeted case management provider to provide case management 81.16 services under section 256B.094 and this section. A case 81.17 manager must have: 81.18 (1) skills in identifying and assessing a wide range of 81.19 children's needs; 81.20 (2) knowledge of local child welfare and a variety of 81.21 community resources and effective use of those resources for the 81.22 benefit of the child; and 81.23 (3) a bachelor's degree in social work, psychology, 81.24 sociology, or a closely related field from an accredited 81.25 four-year college or university; or a bachelor's degree from an 81.26 accredited four-year college or university in a field other than 81.27 social work, psychology, sociology or a closely related field, 81.28 plus one year of experience in the delivery of social services 81.29 to children as a supervised social worker in a public or private 81.30 social services agency; or 81.31 (4) been authorized to serve as a tribal child welfare case 81.32 manager certified by a federally recognized tribal government 81.33 within the state of Minnesota, pursuant to section 256B.02, 81.34 subdivision 7, paragraph (c), and determined as meeting 81.35 applicable standards.