HF 25

as introduced - 87th Legislature, 2011 1st Special Session (2011 - 2012) Posted on 07/20/2011 12:12am

A bill for an act
relating to state government; establishing the health and human services
budget; making changes to children and family services, Department of Health,
miscellaneous provisions, health licensing and fees, human services licensing,
health care, and continuing care; redesigning service delivery; making changes
to chemical and mental health; modifying fee schedules; modifying program
eligibility requirements; authorizing rulemaking; imposing criminal penalties;
requiring reports; appropriating money for the Departments of Health and
Human Services and other health-related boards and councils; amending
Minnesota Statutes 2010, sections 13.461, subdivision 24a; 62E.14, by adding a
subdivision; 62J.04, subdivisions 3, 9; 62J.17, subdivision 4a; 62J.495, by adding
subdivisions; 62J.692; 62Q.32; 62U.04, subdivisions 3, 9; 62U.06, subdivision
2; 103I.101, subdivision 6; 103I.208, subdivisions 1, 2; 103I.235, subdivision
1; 103I.525, subdivision 2; 103I.531, subdivision 2; 103I.535, subdivision 2;
103I.541, subdivision 2c; 119B.011, subdivision 13; 119B.035, subdivision
4; 119B.09, subdivision 10, by adding subdivisions; 119B.125, by adding a
subdivision; 119B.13, subdivisions 1, 1a, 7; 144.1464, subdivision 1; 144.1501,
subdivision 1; 144.98, subdivisions 2a, 7, by adding subdivisions; 144A.102;
144A.61, by adding a subdivision; 144E.123; 145A.17, subdivision 3; 148.07,
subdivision 1; 148.108, by adding a subdivision; 148.191, subdivision 2; 148.212,
subdivision 1; 148.231; 148B.17; 148B.33, subdivision 2; 148B.52; 150A.091,
subdivisions 2, 3, 4, 5, 8, by adding a subdivision; 151.07; 151.101; 151.102,
by adding a subdivision; 151.12; 151.13, subdivision 1; 151.19; 151.25; 151.47,
subdivision 1; 151.48; 152.12, subdivision 3; 157.15, by adding a subdivision;
157.20, by adding a subdivision; 245A.03, subdivision 7, as amended; 245A.10,
subdivisions 1, 3, 4, by adding subdivisions; 245A.11, subdivision 2b; 245A.14,
subdivision 4; 245A.143, subdivision 1; 245C.03, by adding a subdivision;
245C.10, by adding subdivisions; 246B.10; 253B.212; 254B.03, subdivision 4;
254B.04, by adding a subdivision; 254B.06, subdivision 2; 256.01, subdivisions
14b, 24, 29, by adding subdivisions; 256.969, subdivisions 2, 2b, by adding a
subdivision; 256B.02, by adding a subdivision; 256B.03, by adding subdivisions;
256B.04, subdivision 18, by adding subdivisions; 256B.05, by adding a
subdivision; 256B.056, subdivision 3; 256B.057, subdivision 9; 256B.06,
subdivision 4; 256B.0625, subdivisions 8, 8a, 8b, 8c, 8e, 13e, 13h, 17, 17a, 18,
19a, 25, 31, 31a, 41, by adding subdivisions; 256B.0631, subdivisions 1, 2, 3;
256B.064, subdivision 2; 256B.0641, subdivision 1; 256B.0652, subdivision
6; 256B.0659, subdivisions 11, 28; 256B.0751, subdivision 4, by adding a
subdivision; 256B.0911, subdivisions 1a, 3a, 3c, 4a; 256B.0913, subdivision
4; 256B.0915, subdivisions 3a, 3b, 3e, 3h, 5, 10; 256B.0943, by adding a
subdivision; 256B.0945, subdivision 4; 256B.14, by adding a subdivision;
256B.19, subdivision 1e; 256B.196, subdivisions 2, 3, 5; 256B.199; 256B.431,
subdivisions 2r, 2t, 32; 256B.434, subdivision 4; 256B.437, subdivision 6;
256B.438, subdivisions 1, 3, 4, by adding a subdivision; 256B.441, subdivisions
50a, 55a, by adding subdivisions; 256B.49, subdivisions 12, 14, 15, 16a, by
adding a subdivision; 256B.5012, by adding subdivisions; 256B.69, subdivisions
5a, 5c, 28, by adding subdivisions; 256B.76, subdivisions 1, 2, 4; 256B.766;
256D.05, subdivision 1; 256D.06, subdivision 2; 256D.09, subdivision 6;
256D.46, subdivision 1; 256D.49, subdivision 3; 256E.35, subdivisions 5, 6;
256I.03, by adding a subdivision; 256I.05, subdivision 1a; 256J.20, subdivision
3; 256J.38, subdivision 1; 256J.49, subdivision 13; 256L.02, subdivision 3;
256L.03, subdivision 5; 256L.04, subdivisions 1, 10; 256L.05, subdivision
3a, by adding a subdivision; 256L.09, subdivision 2; 256L.11, subdivisions
6, 7; 256L.12, subdivision 9; 256L.15, subdivision 1; 256M.01; 256M.10,
subdivision 2; 256M.20, subdivisions 1, 2, 3; 256M.30; 256M.40; 256M.50;
256M.60, subdivision 1; 256M.70, subdivision 2; 256M.80; 295.52, by adding
a subdivision; 297F.10, subdivision 1; 393.07, subdivisions 10, 10a; 402A.10,
subdivisions 4, 5; 402A.15; 402A.18; 402A.20; 518A.51; Laws 2009, chapter
79, article 5, sections 17, as amended; 18, as amended; 22, as amended; article
8, sections 4, as amended; 51, as amended; article 13, section 3, subdivision
8, as amended; Laws 2009, chapter 173, article 1, section 17, as amended;
Laws 2010, First Special Session chapter 1, article 15, section 3, subdivision 6;
proposing coding for new law in Minnesota Statutes, chapters 62U; 148; 151;
214; 256; 256B; 256L; 402A; repealing Minnesota Statutes 2010, sections
13.4967, subdivision 3; 62J.07, subdivisions 1, 2, 3; 62J.321, subdivision
5a; 62J.381; 62J.41, subdivisions 1, 2; 144.1499; 245A.10, subdivision 5;
256.979, subdivisions 5, 6, 7, 10; 256.9791; 256B.057, subdivision 2c; 256B.69,
subdivision 9b; 256L.07, subdivision 7; 256M.10, subdivision 5; 256M.60,
subdivision 2; 256M.70, subdivision 1; 295.50, subdivisions 1, 1a, 2, 2a, 3, 4,
6, 6a, 7, 9b, 9c, 10a, 10b, 12b, 13, 14, 15; 295.51, subdivisions 1, 1a; 295.52,
subdivisions 1, 1a, 2, 3, 4, 4a, 5, 6, 7; 295.53, subdivisions 1, 2, 3, 4a; 295.54;
295.55; 295.56; 295.57; 295.58; 295.581; 295.582; 295.59; 402A.30; 402A.45;
Laws 2008, chapter 358, article 3, sections 8; 9; Laws 2009, chapter 79, article 5,
section 62; Minnesota Rules, parts 3400.0130, subpart 8; 4651.0100, subparts
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 16a, 18, 19, 20, 20a, 21, 22, 23;
4651.0110, subparts 2, 2a, 3, 4, 5; 4651.0120; 4651.0130; 4651.0140; 4651.0150;
9500.1243, subpart 3; 9500.1261, subparts 3, items D, E, 4, 5.

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

ARTICLE 1

CHILDREN AND FAMILY SERVICES

Section 1.

Minnesota Statutes 2010, section 119B.011, subdivision 13, is amended to
read:

Subd. 13.

Family.

"Family" means parents, stepparents, guardians and their spouses,
or other eligible relative caregivers and their spouses, and their blood related dependent
children and adoptive siblings under the age of 18 years living in the same home including
children temporarily absent from the household in settings such as schools, foster care, and
residential treatment facilities or parents, stepparents, guardians and their spouses, or other
relative caregivers and their spouses temporarily absent from the household in settings
such as schools, military service, or rehabilitation programs. new text begin An adult family member who
is not in an authorized activity under this chapter may be temporarily absent for up to 60
days. new text end When a minor parent or parents and his, her, or their child or children are living with
other relatives, and the minor parent or parents apply for a child care subsidy, "family"
means only the minor parent or parents and their child or children. An adult age 18 or
older who meets this definition of family and is a full-time high school or postsecondary
student may be considered a dependent member of the family unit if 50 percent or more of
the adult's support is provided by the parents, stepparents, guardians, and their spouses or
eligible relative caregivers and their spouses residing in the same household.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective April 16, 2012.
new text end

Sec. 2.

Minnesota Statutes 2010, section 119B.035, subdivision 4, is amended to read:

Subd. 4.

Assistance.

(a) A family is limited to a lifetime total of 12 months of
assistance under subdivision 2. The maximum rate of assistance is equal to deleted text begin 90 deleted text end new text begin 68 new text end percent
of the rate established under section 119B.13 for care of infants in licensed family child
care in the applicant's county of residence.

(b) A participating family must report income and other family changes as specified
in the county's plan under section 119B.08, subdivision 3.

(c) Persons who are admitted to the at-home infant child care program retain their
position in any basic sliding fee program. Persons leaving the at-home infant child care
program reenter the basic sliding fee program at the position they would have occupied.

(d) Assistance under this section does not establish an employer-employee
relationship between any member of the assisted family and the county or state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 31, 2011.
new text end

Sec. 3.

Minnesota Statutes 2010, section 119B.09, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Child care centers; assistance. new text end

new text begin (a) For the purposes of this subdivision,
"qualifying child" means a child who satisfies both of the following:
new text end

new text begin (1) is not a child or dependent of an employee of the child care provider; and
new text end

new text begin (2) does not reside with an employee of the child care provider.
new text end

new text begin (b) Funds distributed under this chapter must not be paid for child care services
that are provided for a child by a child care provider who employs either the parent of
the child or a person who resides with the child, unless at all times at least 50 percent of
the children for whom the child care provider is providing care are qualifying children
under paragraph (a).
new text end

new text begin (c) If a child care provider satisfies the requirements for payment under paragraph
(b), but the percentage of qualifying children under paragraph (a) for whom the provider
is providing care falls below 50 percent, the provider shall have four weeks to raise the
percentage of qualifying children for whom the provider is providing care to at least 50
percent before payments to the provider are discontinued for child care services provided
for a child who is not a qualifying child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 4.

Minnesota Statutes 2010, section 119B.09, subdivision 10, is amended to read:

Subd. 10.

Payment of funds.

All federal, state, and local child care funds must
be paid directly to the parent when a provider cares for children in the children's own
home. In all other cases, all federal, state, and local child care funds must be paid directly
to the child care provider, either licensed or legal nonlicensed, on behalf of the eligible
family. new text begin Funds distributed under this chapter must not be used for child care services that
are provided for a child by a child care provider who resides in the same household or
occupies the same residence as the child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 5, 2012.
new text end

Sec. 5.

Minnesota Statutes 2010, section 119B.09, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Child care in the child's home. new text end

new text begin Child care assistance must only be
authorized in the child's home if the child's parents have authorized activities outside of
the home and if one or more of the following circumstances are met:
new text end

new text begin (1) the parents' qualifying activity occurs during times when out-of-home care is
not available. If child care is needed during any period when out-of-home care is not
available, in-home care can be approved for the entire time care is needed;
new text end

new text begin (2) the family lives in an area where out-of-home care is not available; or
new text end

new text begin (3) a child has a verified illness or disability that would place the child or other
children in an out-of-home facility at risk or creates a hardship for the child and the family
to take the child out of the home to a child care home or center.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 5, 2012.
new text end

Sec. 6.

Minnesota Statutes 2010, section 119B.125, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Training required. new text end

new text begin (a) Effective November 1, 2011, prior to initial
authorization as required in subdivision 1, a legal nonlicensed family child care provider
must complete first aid and CPR training and provide the verification of first aid and CPR
training to the county. The training documentation must have valid effective dates as of
the date the registration request is submitted to the county and the training must have been
provided by an individual approved to provide first aid and CPR instruction.
new text end

new text begin (b) Legal nonlicensed family child care providers with an authorization effective
before November 1, 2011, must be notified of the requirements before October 1, 2011, or
at authorization, and must meet the requirements upon renewal of an authorization that
occurs on or after January 1, 2012.
new text end

new text begin (c) Upon each reauthorization after the authorization period when the initial first aid
and CPR training requirements are met, a legal nonlicensed family child care provider
must provide verification of at least eight hours of additional training listed in the
Minnesota Center for Professional Development Registry.
new text end

new text begin (d) This subdivision only applies to legal nonlicensed family child care providers.
new text end

Sec. 7.

Minnesota Statutes 2010, section 119B.13, subdivision 1, is amended to read:

Subdivision 1.

Subsidy restrictions.

(a) Beginning deleted text begin July 1, 2006 deleted text end new text begin October 31, 2011 new text end ,
the maximum rate paid for child care assistance in any county or multicounty region under
the child care fund shall be the rate for like-care arrangements in the county effective
deleted text begin January deleted text end new text begin July new text end 1, 2006, deleted text begin increased deleted text end new text begin decreased new text end by deleted text begin six deleted text end new text begin 2.5 new text end percent.

deleted text begin (b) Rate changes shall be implemented for services provided in September 2006
unless a participant eligibility redetermination or a new provider agreement is completed
between July 1, 2006, and August 31, 2006.
deleted text end

deleted text begin As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.
deleted text end

deleted text begin New cases approved on or after July 1, 2006, shall have the maximum rates under
paragraph (a), implemented immediately.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Every year, the commissioner shall survey rates charged by child care
providers in Minnesota to determine the 75th percentile for like-care arrangements in
counties. When the commissioner determines that, using the commissioner's established
protocol, the number of providers responding to the survey is too small to determine
the 75th percentile rate for like-care arrangements in a county or multicounty region,
the commissioner may establish the 75th percentile maximum rate based on like-care
arrangements in a county, region, or category that the commissioner deems to be similar.

deleted text begin (d) deleted text end new text begin (c) new text end A rate which includes a special needs rate paid under subdivision 3 or under a
school readiness service agreement paid under section 119B.231, may be in excess of the
maximum rate allowed under this subdivision.

deleted text begin (e) deleted text end new text begin (d) new text end The department shall monitor the effect of this paragraph on provider rates.
The county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care
on an hourly, full-day, and weekly basis, including special needs and disability care. new text begin The
maximum payment to a provider for one day of care must not exceed the daily rate. The
maximum payment to a provider for one week of care must not exceed the weekly rate.
new text end

new text begin (e) Child care providers receiving reimbursement under this chapter must not be
paid activity fees or an additional amount above the maximum rates for care provided
during nonstandard hours for families receiving assistance.
new text end

(f) When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.

(g) All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (d) is effective April 16, 2012. Paragraph (e)
is effective September 3, 2012.
new text end

Sec. 8.

Minnesota Statutes 2010, section 119B.13, subdivision 1a, is amended to read:

Subd. 1a.

Legal nonlicensed family child care provider rates.

(a) Legal
nonlicensed family child care providers receiving reimbursement under this chapter must
be paid on an hourly basis for care provided to families receiving assistance.

(b) The maximum rate paid to legal nonlicensed family child care providers must be
deleted text begin 80 deleted text end new text begin 68 new text end percent of the county maximum hourly rate for licensed family child care providers.
In counties where the maximum hourly rate for licensed family child care providers is
higher than the maximum weekly rate for those providers divided by 50, the maximum
hourly rate that may be paid to legal nonlicensed family child care providers is the rate
equal to the maximum weekly rate for licensed family child care providers divided by 50
and then multiplied by deleted text begin 0.80 deleted text end new text begin 0.68. The maximum payment to a provider for one day of care
must not exceed the maximum hourly rate times ten. The maximum payment to a provider
for one week of care must not exceed the maximum hourly rate times 50 new text end .

(c) A rate which includes a special needs rate paid under subdivision 3 may be in
excess of the maximum rate allowed under this subdivision.

(d) Legal nonlicensed family child care providers receiving reimbursement under
this chapter may not be paid registration fees for families receiving assistance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective April 16, 2012, except the
amendment changing 80 to 68 and 0.80 to 0.68 is effective October 31, 2011.
new text end

Sec. 9.

Minnesota Statutes 2010, section 119B.13, subdivision 7, is amended to read:

Subd. 7.

Absent days.

(a) new text begin Licensed new text end child care providers deleted text begin may deleted text end new text begin and license-exempt
centers must new text end not be reimbursed for more than deleted text begin 25 deleted text end new text begin ten new text end full-day absent days per child,
excluding holidays, in a fiscal year deleted text begin , or for more than ten consecutive full-day absent days,
unless the child has a documented medical condition that causes more frequent absences.
Absences due to a documented medical condition of a parent or sibling who lives in the
same residence as the child receiving child care assistance do not count against the 25-day
absent day limit in a fiscal year. Documentation of medical conditions must be on the
forms and submitted according to the timelines established by the commissioner. A public
health nurse or school nurse may verify the illness in lieu of a medical practitioner. If a
provider sends a child home early due to a medical reason, including, but not limited to,
fever or contagious illness, the child care center director or lead teacher may verify the
illness in lieu of a medical practitioner deleted text end . new text begin Legal nonlicensed family child care providers
must not be reimbursed for absent days. new text end If a child attends for part of the time authorized to
be in care in a day, but is absent for part of the time authorized to be in care in that same
day, the absent time deleted text begin will deleted text end new text begin must new text end be reimbursed but the time deleted text begin will deleted text end new text begin must new text end not count toward the
ten deleted text begin consecutive or 25 cumulative deleted text end absent day deleted text begin limits deleted text end new text begin limit new text end . deleted text begin Children in families where at
least one parent is under the age of 21, does not have a high school or general equivalency
diploma, and is a student in a school district or another similar program that provides or
arranges for child care, as well as parenting, social services, career and employment
supports, and academic support to achieve high school graduation, may be exempt from
the absent day limits upon request of the program and approval of the county. If a child
attends part of an authorized day, payment to the provider must be for the full amount
of care authorized for that day. deleted text end Child care providers deleted text begin may deleted text end new text begin must new text end only be reimbursed for
absent days if the provider has a written policy for child absences and charges all other
families in care for similar absences.

(b) Child care providers must be reimbursed for up to ten federal or state holidays
or designated holidays per year when the provider charges all families for these days
and the holiday or designated holiday falls on a day when the child is authorized to be
in attendance. Parents may substitute other cultural or religious holidays for the ten
recognized state and federal holidays. Holidays do not count toward the ten deleted text begin consecutive
or 25 cumulative deleted text end absent day deleted text begin limits deleted text end new text begin limit new text end .

(c) A family or child care provider deleted text begin may deleted text end new text begin must new text end not be assessed an overpayment for an
absent day payment unless (1) there was an error in the amount of care authorized for the
family, (2) all of the allowed full-day absent payments for the child have been paid, or (3)
the family or provider did not timely report a change as required under law.

(d) The deleted text begin provider and family must receive notification of the number of absent days
used upon initial provider authorization for a family and when the family has used 15
cumulative absent days. Upon statewide implementation of the Minnesota Electronic
Child Care System, the deleted text end provider and family shall receive notification of the number of
absent days used upon initial provider authorization for a family and ongoing notification
of the number of absent days used as of the date of the notification.

deleted text begin (e) A county may pay for more absent days than the statewide absent day policy
established under this subdivision if current market practice in the county justifies payment
for those additional days. County policies for payment of absent days in excess of the
statewide absent day policy and justification for these county policies must be included in
the county's child care fund plan under section 119B.08, subdivision 3.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 10.

new text begin [256.987] ELECTRONIC BENEFIT TRANSFER CARD.
new text end

new text begin Subdivision 1. new text end

new text begin Electronic benefit transfer (EBT) card. new text end

new text begin Cash benefits for the
general assistance and Minnesota supplemental aid programs under chapter 256D and
programs under chapter 256J must be issued on a separate EBT card with the name of the
head of household printed on the card. The card must include the following statement: "It
is unlawful to use this card to purchase tobacco products or alcoholic beverages." This
card must be issued within 30 calendar days of an eligibility determination. During the
initial 30 calendar days of eligibility, a recipient may have cash benefits issued on an EBT
card without a name printed on the card. This card may be the same card on which food
support benefits are issued and does not need to meet the requirements of this section.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited purchases. new text end

new text begin EBT debit cardholders in programs listed under
subdivision 1 are prohibited from using the EBT debit card to purchase tobacco products
and alcoholic beverages, as defined in section 340A.101, subdivision 2. It is unlawful for
an EBT cardholder to purchase or attempt to purchase tobacco products or alcoholic
beverages with the cardholder's EBT card. Any unlawful use under this subdivision shall
constitute fraud and result in disqualification from the program under section 256.98,
subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1 is effective June 1, 2012.
new text end

Sec. 11.

Minnesota Statutes 2010, section 256D.05, subdivision 1, is amended to read:

Subdivision 1.

Eligibility.

(a) Each assistance unit with income and resources
less than the standard of assistance established by the commissioner and with a member
who is a resident of the state shall be eligible for and entitled to general assistance if
the assistance unit is:

(1) a person who is suffering from a professionally certified permanent or temporary
illness, injury, or incapacity which is expected to continue for more than deleted text begin 30 deleted text end new text begin 45 new text end days and
which prevents the person from obtaining or retaining employment;

(2) a person whose presence in the home on a substantially continuous basis is
required because of the professionally certified illness, injury, incapacity, or the age of
another member of the household;

(3) a person who has been placed in, and is residing in, a licensed or certified facility
for purposes of physical or mental health or rehabilitation, or in an approved chemical
dependency domiciliary facility, if the placement is based on illness or incapacity and is
according to a plan developed or approved by the county agency through its director or
designated representative;

(4) a person who resides in a shelter facility described in subdivision 3;

(5) a person not described in clause (1) or (3) who is diagnosed by a licensed
physician, psychological practitioner, or other qualified professional, as developmentally
disabled or mentally ill, and that condition prevents the person from obtaining or retaining
employment;

(6) a person who has an application pending for, or is appealing termination of
benefits from, the Social Security disability program or the program of supplemental
security income for the aged, blind, and disabled, provided the person has a professionally
certified permanent or temporary illness, injury, or incapacity which is expected to
continue for more than 30 days and which prevents the person from obtaining or retaining
employment;

(7) a person who is unable to obtain or retain employment because advanced age
significantly affects the person's ability to seek or engage in substantial work;

(8) a person who has been assessed by a vocational specialist and, in consultation
with the county agency, has been determined to be unemployable for purposes of this
clause; a person is considered employable if there exist positions of employment in the
local labor market, regardless of the current availability of openings for those positions,
that the person is capable of performing. The person's eligibility under this category must
be reassessed at least annually. The county agency must provide notice to the person not
later than 30 days before annual eligibility under this item ends, informing the person of the
date annual eligibility will end and the need for vocational assessment if the person wishes
to continue eligibility under this clause. For purposes of establishing eligibility under this
clause, it is the applicant's or recipient's duty to obtain any needed vocational assessment;

(9) a person who is determined by the county agency, according to permanent rules
adopted by the commissioner, to deleted text begin be learning disabled deleted text end new text begin have a condition that qualifies
under Minnesota's special education rules as a specific learning disability new text end , provided that deleted text begin if deleted text end
a rehabilitation plan for the person is developed or approved by the county agency, new text begin and new text end
the person is following the plan;

(10) a child under the age of 18 who is not living with a parent, stepparent, or legal
custodian, and only if: the child is legally emancipated or living with an adult with the
consent of an agency acting as a legal custodian; the child is at least 16 years of age
and the general assistance grant is approved by the director of the county agency or a
designated representative as a component of a social services case plan for the child; or the
child is living with an adult with the consent of the child's legal custodian and the county
agency. For purposes of this clause, "legally emancipated" means a person under the age
of 18 years who: (i) has been married; (ii) is on active duty in the uniformed services of
the United States; (iii) has been emancipated by a court of competent jurisdiction; or (iv)
is otherwise considered emancipated under Minnesota law, and for whom county social
services has not determined that a social services case plan is necessary, for reasons other
than the child has failed or refuses to cooperate with the county agency in developing
the plan;

(11) a person who is eligible for displaced homemaker services, programs, or
assistance under section 116L.96, but only if that person is enrolled as a full-time student;

deleted text begin (12) a person who lives more than four hours round-trip traveling time from any
potential suitable employment;
deleted text end

deleted text begin (13) deleted text end new text begin (12) new text end a person who is involved with protective or court-ordered services that
prevent the applicant or recipient from working at least four hours per day;

deleted text begin (14) deleted text end new text begin (13) new text end a person over age 18 whose primary language is not English and who is
attending high school at least half time; or

deleted text begin (15) deleted text end new text begin (14) new text end a person whose alcohol and drug addiction is a material factor that
contributes to the person's disability; applicants who assert this clause as a basis for
eligibility must be assessed by the county agency to determine if they are amenable
to treatment; if the applicant is determined to be not amenable to treatment, but is
otherwise eligible for benefits, then general assistance must be paid in vendor form, for
the individual's shelter costs up to the limit of the grant amount, with the residual, if
any, paid according to section 256D.09, subdivision 2a; if the applicant is determined
to be amenable to treatment, then in order to receive benefits, the applicant must be in
a treatment program or on a waiting list and the benefits must be paid in vendor form,
for the individual's shelter costs, up to the limit of the grant amount, with the residual, if
any, paid according to section 256D.09, subdivision 2a.

(b) As a condition of eligibility under paragraph (a), clauses (1), (3), (5), (8), and
(9), the recipient must complete an interim assistance agreement and must apply for other
maintenance benefits as specified in section 256D.06, subdivision 5, and must comply
with efforts to determine the recipient's eligibility for those other maintenance benefits.

(c) The burden of providing documentation for a county agency to use to verify
eligibility for general assistance or for exemption from the food stamp employment
and training program is upon the applicant or recipient. The county agency shall use
documents already in its possession to verify eligibility, and shall help the applicant or
recipient obtain other existing verification necessary to determine eligibility which the
applicant or recipient does not have and is unable to obtain.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2012.
new text end

Sec. 12.

Minnesota Statutes 2010, section 256D.06, subdivision 2, is amended to read:

Subd. 2.

Emergency need.

new text begin (a) new text end Notwithstanding the provisions of subdivision 1, a
grant of emergency general assistance shall, to the extent funds are available, be made to
an eligible single adult, married couple, or family for an emergency need deleted text begin , as defined in
rules promulgated by the commissioner, deleted text end where the recipient requests temporary assistance
not exceeding 30 days if an emergency situation appears to exist deleted text begin and the individual or
family is ineligible for MFIP or DWP or is not a participant of MFIP or DWP deleted text end new text begin under
written criteria adopted by the county agency new text end . If an applicant or recipient relates facts
to the county agency which may be sufficient to constitute an emergency situation, the
county agency shall, to the extent funds are available, advise the person of the procedure
for applying for assistance according to this subdivision.

new text begin (b) The applicant must be ineligible for assistance under chapter 256J, must have
annual net income no greater than 200 percent of the federal poverty guidelines for the
previous calendar year, and may receive new text end an emergency deleted text begin general deleted text end assistance grant deleted text begin is available
to a recipient deleted text end not more than once in any 12-month period.

new text begin (c) new text end Funding for an emergency general assistance program is limited to the
appropriation. Each fiscal year, the commissioner shall allocate to counties the money
appropriated for emergency general assistance grants based on each county agency's
average share of state's emergency general expenditures for the immediate past three fiscal
years as determined by the commissioner, and may reallocate any unspent amounts to
other counties. new text begin No county shall be allocated less than $1,000 for a fiscal year.
new text end

new text begin (d) new text end Any emergency general assistance expenditures by a county above the amount of
the commissioner's allocation to the county must be made from county funds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 1, 2011.
new text end

Sec. 13.

Minnesota Statutes 2010, section 256D.46, subdivision 1, is amended to read:

Subdivision 1.

Eligibility.

deleted text begin A county agency must grant emergency Minnesota
supplemental aid, to the extent funds are available, if the recipient is without adequate
resources to resolve an emergency that, if unresolved, will threaten the health or safety of
the recipient. For the purposes of this section, the term "recipient" includes persons for
whom a group residential housing benefit is being paid under sections 256I.01 to 256I.06. deleted text end new text begin
Applicants for or recipients of SSI or Minnesota supplemental aid who have emergency
need may apply for emergency general assistance under section 256D.06, subdivision 2. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 1, 2011.
new text end

Sec. 14.

Minnesota Statutes 2010, section 256E.35, subdivision 5, is amended to read:

Subd. 5.

Household eligibility; participation.

(a) To be eligible for deleted text begin state or TANF deleted text end
matching funds in the family assets for independence initiative, a household must meet the
eligibility requirements of the federal Assets for Independence Act, Public Law 105-285,
in Title IV, section 408 of that act.

(b) Each participating household must sign a family asset agreement that includes
the amount of scheduled deposits into its savings account, the proposed use, and the
proposed savings goal. A participating household must agree to complete an economic
literacy training program.

Participating households may only deposit money that is derived from household
earned income or from state and federal income tax credits.

Sec. 15.

Minnesota Statutes 2010, section 256E.35, subdivision 6, is amended to read:

Subd. 6.

Withdrawal; matching; permissible uses.

(a) To receive a match, a
participating household must transfer funds withdrawn from a family asset account to its
matching fund custodial account held by the fiscal agent, according to the family asset
agreement. The fiscal agent must determine if the match request is for a permissible use
consistent with the household's family asset agreement.

The fiscal agent must ensure the household's custodial account contains the
applicable matching funds to match the balance in the household's account, including
interest, on at least a quarterly basis and at the time of an approved withdrawal. deleted text begin Matches
must be provided as follows:
deleted text end

deleted text begin (1) from state grant and TANF funds a matching contribution of $1.50 for every $1
of funds withdrawn from the family asset account equal to the lesser of $720 per year or a
$3,000 lifetime limit; and
deleted text end

deleted text begin (2) from nonstate funds, a matching contribution of no less than $1.50 for every $1
of funds withdrawn from the family asset account equal to the lesser of $720 per year or
a $3,000 lifetime limit.
deleted text end

(b) Upon receipt of transferred custodial account funds, the fiscal agent must make a
direct payment to the vendor of the goods or services for the permissible use.

Sec. 16.

Minnesota Statutes 2010, section 256I.03, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Supplementary services. new text end

new text begin "Supplementary services" means services
provided to residents of group residential housing providers in addition to room and
board including, but not limited to, oversight and up to 24-hour supervision, medication
reminders, assistance with transportation, arranging for meetings and appointments, and
arranging for medical and social services.
new text end

Sec. 17.

Minnesota Statutes 2010, section 256I.05, subdivision 1a, is amended to read:

Subd. 1a.

Supplementary service rates.

(a) Subject to the provisions of section
256I.04, subdivision 3, the county agency may negotiate a payment not to exceed $426.37
for other services necessary to provide room and board provided by the group residence
if the residence is licensed by or registered by the Department of Health, or licensed by
the Department of Human Services to provide services in addition to room and board,
and if the provider of services is not also concurrently receiving funding for services for
a recipient under a home and community-based waiver under title XIX of the Social
Security Act; or funding from the medical assistance program under section 256B.0659,
for personal care services for residents in the setting; or residing in a setting which
receives funding under Minnesota Rules, parts 9535.2000 to 9535.3000. If funding is
available for other necessary services through a home and community-based waiver, or
personal care services under section 256B.0659, then the GRH rate is limited to the rate
set in subdivision 1. Unless otherwise provided in law, in no case may the supplementary
service rate exceed $426.37. The registration and licensure requirement does not apply to
establishments which are exempt from state licensure because they are located on Indian
reservations and for which the tribe has prescribed health and safety requirements. Service
payments under this section may be prohibited under rules to prevent the supplanting of
federal funds with state funds. The commissioner shall pursue the feasibility of obtaining
the approval of the Secretary of Health and Human Services to provide home and
community-based waiver services under title XIX of the Social Security Act for residents
who are not eligible for an existing home and community-based waiver due to a primary
diagnosis of mental illness or chemical dependency and shall apply for a waiver if it is
determined to be cost-effective.

(b) The commissioner is authorized to make cost-neutral transfers from the GRH
fund for beds under this section to other funding programs administered by the department
after consultation with the county or counties in which the affected beds are located.
The commissioner may also make cost-neutral transfers from the GRH fund to county
human service agencies for beds permanently removed from the GRH census under a plan
submitted by the county agency and approved by the commissioner. The commissioner
shall report the amount of any transfers under this provision annually to the legislature.

(c) The provisions of paragraph (b) do not apply to a facility that has its
reimbursement rate established under section 256B.431, subdivision 4, paragraph (c).

new text begin (d) Counties must not negotiate supplementary service rates with providers of group
residential housing that are licensed as board and lodging with special services and that
do not encourage a policy of sobriety on their premises.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2012.
new text end

Sec. 18.

Minnesota Statutes 2010, section 256J.20, subdivision 3, is amended to read:

Subd. 3.

Other property limitations.

To be eligible for MFIP, the equity value of
all nonexcluded real and personal property of the assistance unit must not exceed $2,000
for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to
(19) must be excluded when determining the equity value of real and personal property:

(1) a licensed vehicle up to a loan value of less than or equal to deleted text begin $15,000 deleted text end new text begin $10,000 new text end . If
the assistance unit owns more than one licensed vehicle, the county agency shall determine
the loan value of all additional vehicles and exclude the combined loan value of less than
or equal to $7,500. The county agency shall apply any excess loan value as if it were
equity value to the asset limit described in this section, excluding: (i) the value of one
vehicle per physically disabled person when the vehicle is needed to transport the disabled
unit member; this exclusion does not apply to mentally disabled people; (ii) the value of
special equipment for a disabled member of the assistance unit; and (iii) any vehicle used
for long-distance travel, other than daily commuting, for the employment of a unit member.

To establish the loan value of vehicles, a county agency must use the N.A.D.A.
Official Used Car Guide, Midwest Edition, for newer model cars. When a vehicle is not
listed in the guidebook, or when the applicant or participant disputes the loan value listed
in the guidebook as unreasonable given the condition of the particular vehicle, the county
agency may require the applicant or participant document the loan value by securing a
written statement from a motor vehicle dealer licensed under section 168.27, stating
the amount that the dealer would pay to purchase the vehicle. The county agency shall
reimburse the applicant or participant for the cost of a written statement that documents
a lower loan value;

(2) the value of life insurance policies for members of the assistance unit;

(3) one burial plot per member of an assistance unit;

(4) the value of personal property needed to produce earned income, including
tools, implements, farm animals, inventory, business loans, business checking and
savings accounts used at least annually and used exclusively for the operation of a
self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use
is to produce income and if the vehicles are essential for the self-employment business;

(5) the value of personal property not otherwise specified which is commonly
used by household members in day-to-day living such as clothing, necessary household
furniture, equipment, and other basic maintenance items essential for daily living;

(6) the value of real and personal property owned by a recipient of Supplemental
Security Income or Minnesota supplemental aid;

(7) the value of corrective payments, but only for the month in which the payment
is received and for the following month;

(8) a mobile home or other vehicle used by an applicant or participant as the
applicant's or participant's home;

(9) money in a separate escrow account that is needed to pay real estate taxes or
insurance and that is used for this purpose;

(10) money held in escrow to cover employee FICA, employee tax withholding,
sales tax withholding, employee worker compensation, business insurance, property rental,
property taxes, and other costs that are paid at least annually, but less often than monthly;

(11) monthly assistance payments for the current month's or short-term emergency
needs under section 256J.626, subdivision 2;

(12) the value of school loans, grants, or scholarships for the period they are
intended to cover;

(13) payments listed in section 256J.21, subdivision 2, clause (9), which are held
in escrow for a period not to exceed three months to replace or repair personal or real
property;

(14) income received in a budget month through the end of the payment month;

(15) savings from earned income of a minor child or a minor parent that are set aside
in a separate account designated specifically for future education or employment costs;

(16) the federal earned income credit, Minnesota working family credit, state and
federal income tax refunds, state homeowners and renters credits under chapter 290A,
property tax rebates and other federal or state tax rebates in the month received and the
following month;

(17) payments excluded under federal law as long as those payments are held in a
separate account from any nonexcluded funds;

(18) the assets of children ineligible to receive MFIP benefits because foster care or
adoption assistance payments are made on their behalf; and

(19) the assets of persons whose income is excluded under section 256J.21,
subdivision 2, clause (43).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2011.
new text end

Sec. 19.

Minnesota Statutes 2010, section 256J.49, subdivision 13, is amended to read:

Subd. 13.

Work activity.

new text begin (a) new text end "Work activity" means any activity in a participant's
approved employment plan that leads to employment. For purposes of the MFIP program,
this includes activities that meet the definition of work activity under the participation
requirements of TANF. Work activity includes:

(1) unsubsidized employment, including work study and paid apprenticeships or
internships;

(2) subsidized private sector or public sector employment, including grant diversion
as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid
work experience, and supported work when a wage subsidy is provided;

(3) unpaid work experience, including community service, volunteer work,
the community work experience program as specified in section 256J.67, unpaid
apprenticeships or internships, and supported work when a wage subsidy is not provided.
Unpaid work experience is only an option if the participant has been unable to obtain or
maintain paid employment in the competitive labor market, and no paid work experience
programs are available to the participant. Prior to placing a participant in unpaid work,
the county must inform the participant that the participant will be notified if a paid work
experience or supported work position becomes available. Unless a participant consents in
writing to participate in unpaid work experience, the participant's employment plan may
only include unpaid work experience if including the unpaid work experience in the plan
will meet the following criteria:

(i) the unpaid work experience will provide the participant specific skills or
experience that cannot be obtained through other work activity options where the
participant resides or is willing to reside; and

(ii) the skills or experience gained through the unpaid work experience will result
in higher wages for the participant than the participant could earn without the unpaid
work experience;

(4) job search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;

(5) job readiness education, including English as a second language (ESL) or
functional work literacy classes as limited by the provisions of section 256J.531,
subdivision 2, general educational development (GED) course work, high school
completion, and adult basic education as limited by the provisions of section 256J.531,
subdivision 1;

(6) job skills training directly related to employment, including education and
training that can reasonably be expected to lead to employment, as limited by the
provisions of section 256J.53;

(7) providing child care services to a participant who is working in a community
service program;

(8) activities included in the employment plan that is developed under section
256J.521, subdivision 3; and

(9) preemployment activities including chemical and mental health assessments,
treatment, and services; learning disabilities services; child protective services; family
stabilization services; or other programs designed to enhance employability.

new text begin (b) "Work activity" does not include activities done for political purposes as defined
in section 211B.01, subdivision 6.
new text end

Sec. 20.

Minnesota Statutes 2010, section 256M.01, is amended to read:

256M.01 CITATION.

Sections 256M.01 to 256M.80 may be cited as the " deleted text begin Children and Community
Services deleted text end new text begin Vulnerable Children and Adults new text end Act." This act establishes a fund to address the
needs of new text begin vulnerable new text end children deleted text begin , adolescents, deleted text end and adults within each county in accordance
with a service plan entered into by the board of county commissioners of each county
and the commissioner. deleted text begin The service plan shall specify the outcomes to be achieved, the
general strategies to be employed, and the respective state and county roles. The service
plan shall be reviewed and updated every two years, or sooner if both the state and the
county deem it necessary.
deleted text end

Sec. 21.

Minnesota Statutes 2010, section 256M.10, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Children and community deleted text end new text begin Vulnerable children and adults new text end services.

(a) " deleted text begin Children and community deleted text end new text begin Vulnerable children and adults new text end services" means services
provided or arranged for by county boards for new text begin vulnerable new text end children deleted text begin , adolescents and other
individuals in transition from childhood to adulthood, deleted text end new text begin under chapter 260C, and sections
626.556 and 626.5561, new text end and adults new text begin under section 626.557 new text end who experience dependency,
abuse, new text begin or new text end neglect, deleted text begin poverty, disability, chronic health conditions, or other factors, including
ethnicity and race, that may result in poor outcomes or disparities, deleted text end as well as services
for family members to support those individuals. These services may be provided
by professionals or nonprofessionals, including the person's natural supports in the
community. new text begin For the purpose of this chapter, "vulnerable children" means children and
adolescents.
new text end

(b) deleted text begin Children and community deleted text end new text begin Vulnerable children and adults new text end services do not include
services under the public assistance programs known as the Minnesota family investment
program, Minnesota supplemental aid, medical assistance, general assistance, general
assistance medical care, MinnesotaCare, or community health services.

Sec. 22.

Minnesota Statutes 2010, section 256M.20, subdivision 1, is amended to read:

Subdivision 1.

General supervision.

Each year the commissioner shall allocate
funds to each county with an approved service plan according to section 256M.40 and
service plans under section 256M.30. The funds shall be used to address the needs of
new text begin vulnerable new text end children deleted text begin , adolescents, deleted text end and adults. The commissioner, in consultation with
counties, shall provide technical assistance and evaluate county performance in achieving
outcomes.

Sec. 23.

Minnesota Statutes 2010, section 256M.20, subdivision 2, is amended to read:

Subd. 2.

Additional duties.

The commissioner shall:

(1) provide necessary information and assistance to each county for establishing
baselines and desired improvements on deleted text begin mental health, deleted text end safety, permanency, and well-being
for new text begin vulnerable new text end children and deleted text begin adolescents deleted text end new text begin adults new text end ;

(2) provide training, technical assistance, and other supports to each county board
to assist in needs assessment, planning, implementation, and monitoring of outcomes
and service quality;

(3) use data collection, evaluation of service outcomes, and the review and approval
of county service plans to supervise county performance in the delivery of deleted text begin children and
community deleted text end services;

(4) specify requirements for reports, including fiscal reports to account for funds
distributed;

(5) request waivers from federal programs as necessary to implement this section;
and

(6) have authority under sections 14.055 and 14.056 to grant a variance to existing
state rules as needed to eliminate barriers to achieving desired outcomes.

Sec. 24.

Minnesota Statutes 2010, section 256M.20, subdivision 3, is amended to read:

Subd. 3.

Sanctions.

The commissioner shall establish and maintain a monitoring
program designed to reduce the possibility of noncompliance with federal laws deleted text begin and
federal deleted text end new text begin , new text end regulations new text begin , and performance standards new text end that may result in federal fiscal sanctions.
If a county is not complying with federal law or federal regulation and the noncompliance
may result in federal fiscal sanctions, the commissioner may withhold a portion of the
county's share of state and federal funds for that program. The amount withheld must be
equal to the percentage difference between the level of compliance maintained by the
county and the level of compliance required by the federal regulations, multiplied by the
county's share of state and federal funds for the program. The state and federal funds may
be withheld until the county is found to be in compliance with all federal laws or federal
regulations applicable to the program. If a county remains out of compliance for more
than six consecutive months, the commissioner may reallocate the withheld funds to
counties that are in compliance with the federal regulations.

Sec. 25.

Minnesota Statutes 2010, section 256M.30, is amended to read:

256M.30 SERVICE PLAN.

Subdivision 1.

Service plan submitted to commissioner.

Effective January 1,
deleted text begin 2004, and each two-year period thereafter deleted text end new text begin 2012 new text end , each county must have a deleted text begin biennial deleted text end service
plan approved by the commissioner in order to receive funds. Counties may submit
multicounty or regional service plans. new text begin Plans must be updated as needed to reflect current
county policy and procedures regarding requirements and use of funds under this chapter.
new text end

Subd. 2.

Contents.

The service plan shall be completed in a form prescribed by
the commissioner. The plan must include:

(1) a statement of the needs of the new text begin vulnerable new text end children deleted text begin , adolescents, deleted text end and adults who
experience the conditions defined in section 256M.10, subdivision 2, paragraph (a), and
strengths and resources available in the community to address those needs;

(2) strategies the county will pursue to achieve the performance targets. Strategies
must include specification of how funds under this section and other community resources
will be used to achieve desired performance targets;

(3) a description of the county's process to solicit public input and a summary of
that input;

(4) deleted text begin beginning with the service plans submitted for the period from January 1, 2006,
through December 31, 2007, deleted text end performance targets on statewide indicators for each county
to measure outcomes of deleted text begin children's mental health, and child deleted text end new text begin vulnerable children and adult's
new text end safety, permanency, and well-being. The commissioner shall consult with counties and
other stakeholders to develop these indicators and collect baseline data to inform the
establishment of individual county performance targets for the deleted text begin 2006-2007 deleted text end new text begin 2012-2013 new text end
biennium and subsequent deleted text begin plans deleted text end new text begin years new text end ; and

(5) a budget for services to be provided with funds under this section. deleted text begin The county
must budget at least 40 percent of funds appropriated under sections 256M.01 to 256M.80
for services to ensure the mental health, safety, permanency, and well-being of children
from low-income families. The commissioner may reduce the portion of child and
community services funds that must be budgeted by a county for services to children in
low-income families if:
deleted text end

deleted text begin (i) the incidence of children in low-income families within the county's population is
significantly below the statewide median; or
deleted text end

deleted text begin (ii) the county has successfully achieved past performance targets for children's
mental health, and child safety, permanency, and well-being and its proposed service plan
is judged by the commissioner to provide an adequate level of service to the population
with less funding.
deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Continuity of services. deleted text end

deleted text begin In developing the plan required under this section,
a county shall endeavor, within the limits of funds available, to consider the continuing
need for services and programs for children and persons with disabilities that were funded
by the former children's services and community service grants.
deleted text end

Subd. 4.

Information.

The commissioner shall provide each county with
information and technical assistance needed to complete the service plan, including:
information on deleted text begin children's mental health, and deleted text end child new text begin and adult new text end safety, permanency, and
well-being in the county; comparisons with other counties; baseline performance on
outcome measures; and promising program practices.

Subd. 5.

Timelines.

The deleted text begin preliminary deleted text end service plan must be submitted to the
commissioner by October 15, deleted text begin 2003, and October 15 of every two years thereafter deleted text end new text begin 2011 new text end .

Subd. 6.

Public comment.

The county board must determine how citizens in the
county will participate in the development of the service plan and provide opportunities
for such participation. The county must allow a period of no less than 30 days prior to
the submission of the plan to the commissioner to solicit comments from the public on
the contents of the plan.

Subd. 7.

Commissioner's responsibilities.

The commissioner must deleted text begin , within 60
days of receiving each county service plan, deleted text end inform the county if the service plan has
been approved. If the service plan is not approved, the commissioner must inform the
county of any revisions needed for approval.

Sec. 26.

Minnesota Statutes 2010, section 256M.40, is amended to read:

256M.40 deleted text begin CHILDREN AND COMMUNITY SERVICES deleted text end GRANT
ALLOCATION.

Subdivision 1.

Formula.

The commissioner shall allocate state funds appropriated
deleted text begin for children and community services grants deleted text end new text begin under this chapter new text end to each county board on a
calendar year basis in an amount determined according to the formula in paragraphs
(a) to deleted text begin (c) deleted text end new text begin (e) new text end .

deleted text begin (a) For July 1, 2003, through December 31, 2003, the commissioner shall allocate
funds to each county equal to that county's allocation for the grants under section 256M.10,
subdivision 5, for calendar year 2003 less payments made on or before June 30, 2003.
deleted text end

deleted text begin (b) For calendar year 2004 and 2005, the commissioner shall allocate available funds
to each county in proportion to that county's share of the calendar year 2003 allocations
for the grants under section 256M.10, subdivision 5.
deleted text end

deleted text begin (c) For calendar year 2006 and each calendar year thereafter, the commissioner
shall allocate available funds to each county in proportion to that county's share in the
preceding calendar year.
deleted text end

new text begin (a) For calendar years 2011 and 2012, the commissioner shall allocate available
funds to each county in proportion to that county's share in calendar year 2010.
new text end

new text begin (b) For calendar year 2013, the commissioner shall allocate available funds to each
county as follows:
new text end

new text begin (1) 75 percent must be distributed on the basis of the county share in calendar year
2012;
new text end

new text begin (2) five percent must be distributed on the basis of the number of persons residing in
the county as determined by the most recent data of the state demographer;
new text end

new text begin (3) ten percent must be distributed on the basis of the number of vulnerable children
that are subjects of reports under chapter 260C and sections 626.556 and 626.5561, and in
the county as determined by the most recent data of the commissioner; and
new text end

new text begin (4) ten percent must be distributed on the basis of the number of vulnerable adults
that are subjects of reports under section 626.557 in the county as determined by the most
recent data of the commissioner.
new text end

new text begin (c) For calendar year 2014, the commissioner shall allocate available funds to each
county as follows:
new text end

new text begin (1) 50 percent must be distributed on the basis of the county share in calendar year
2012;
new text end

new text begin (2) Ten percent must be distributed on the basis of the number of persons residing in
the county as determined by the most recent data of the state demographer;
new text end

new text begin (3) 20 percent must be distributed on the basis of the number of vulnerable children
that are subjects of reports under chapter 260C and sections 626.556 and 626.5561, in the
county as determined by the most recent data of the commissioner; and
new text end

new text begin (4) 20 percent must be distributed on the basis of the number of vulnerable adults
that are subjects of reports under section 626.557 in the county as determined by the most
recent data of the commissioner.
new text end

new text begin (d) For calendar year 2015, the commissioner shall allocate available funds to each
county as follows:
new text end

new text begin (1) 25 percent must be distributed on the basis of the county share in calendar year
2012;
new text end

new text begin (2) 15 percent must be distributed on the basis of the number of persons residing in
the county as determined by the most recent data of the state demographer;
new text end

new text begin (3) 30 percent must be distributed on the basis of the number of vulnerable children
that are subjects of reports under chapter 260C and sections 626.556 and 626.5561, in the
county as determined by the most recent data of the commissioner; and
new text end

new text begin (4) 30 percent must be distributed on the basis of the number of vulnerable adults
that are subjects of reports under section 626.557 in the county as determined by the most
recent data of the commissioner.
new text end

new text begin (e) For calendar year 2016 and each calendar year thereafter, the commissioner shall
allocate available funds to each county as follows:
new text end

new text begin (1) 20 percent must be distributed on the basis of the number of persons residing in
the county as determined by the most recent data of the state demographer;
new text end

new text begin (2) 40 percent must be distributed on the basis of the number of vulnerable children
that are subjects of reports under chapter 260C and sections 626.556 and 626.5561, in the
county as determined by the most recent data of the commissioner; and
new text end

new text begin (3) 40 percent must be distributed on the basis of the number of vulnerable adults
that are subjects of reports under section 626.557 in the county as determined by the most
recent data of the commissioner.
new text end

Subd. 3.

Payments.

Calendar year allocations under subdivision 1 shall be paid to
counties on or before July 10 of each year.

Sec. 27.

Minnesota Statutes 2010, section 256M.50, is amended to read:

256M.50 FEDERAL deleted text begin CHILDREN AND COMMUNITY SERVICES deleted text end GRANT
ALLOCATION.

In federal fiscal year deleted text begin 2004 deleted text end new text begin 2012 new text end and subsequent years, money for social services
received from the federal government to reimburse counties for social service expenditures
according to Title XX of the Social Security Act shall be allocated to each county
according to section 256M.40, except for funds allocated for administrative purposes and
migrant day care. new text begin Title XX funds must not be used for any expenditures prohibited by
section 2005 of the Social Security Act and all federal certification requirements under
title XX must be met by counties receiving title XX funds under this chapter.
new text end

Sec. 28.

Minnesota Statutes 2010, section 256M.60, subdivision 1, is amended to read:

Subdivision 1.

Responsibilities.

The county board of each county shall be
responsible for administration and funding of deleted text begin children and community deleted text end services as defined
in section 256M.10, subdivision 1. Each county board shall singly or in combination with
other county boards use funds available to the county under Laws 2003, First Special
Session chapter 14, to carry out these responsibilities. deleted text begin The county board shall coordinate
and facilitate the effective use of formal and informal helping systems to best support and
nurture children, adolescents, and adults within the county who experience dependency,
abuse, neglect, poverty, disability, chronic health conditions, or other factors, including
ethnicity and race, that may result in poor outcomes or disparities, as well as services
for family members to support such individuals. This includes assisting individuals
to function at the highest level of ability while maintaining family and community
relationships to the greatest extent possible.
deleted text end

Sec. 29.

Minnesota Statutes 2010, section 256M.70, subdivision 2, is amended to read:

Subd. 2.

Identification of services to be provided.

If a county has made reasonable
efforts to provide services according to the service plan under section 256M.30, but funds
appropriated for purposes of sections 256M.01 to 256M.80 are insufficient, then the
county may limit services that do not meet the following criteria while giving the highest
funding priority to clauses (1) deleted text begin , deleted text end new text begin and new text end (2) deleted text begin , and (3) deleted text end :

(1) services needed to protect individuals from maltreatment, abuse, and neglect;

(2) emergency and crisis services needed to protect clients from physical, emotional,
or psychological harm;

(3) services that maintain a person in the person's home or least restrictive setting;

(4) assessment of persons applying for services and referral to appropriate services
when necessary; new text begin and
new text end

(5) public guardianship services deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (6) case management for persons with developmental disabilities, children with
serious emotional disturbances, and adults with serious and persistent mental illness; and
deleted text end

deleted text begin (7) fulfilling licensing responsibilities delegated to the county by the commissioner
under section 245A.16.
deleted text end

Sec. 30.

Minnesota Statutes 2010, section 256M.80, is amended to read:

256M.80 PROGRAM EVALUATION.

Subdivision 1.

County evaluation.

Each county shall submit to the commissioner
data from the past calendar year on the outcomes and performance indicators in the service
plan. The commissioner shall prescribe standard methods to be used by the counties
in providing the data. The data shall be submitted no later than March 1 of each year deleted text begin ,
beginning with March 1, 2005 deleted text end .

Subd. 2.

Statewide evaluation.

Six months after the end of the first full calendar
year and annually thereafter, the commissioner shall deleted text begin prepare a report on deleted text end new text begin make public new text end the
counties' progress in improving the outcomes of new text begin vulnerable new text end children deleted text begin , adolescents, deleted text end and
adults related to deleted text begin mental health, deleted text end safety, permanency, and well-being. deleted text begin This report shall be
disseminated throughout the state.
deleted text end

Sec. 31.

Minnesota Statutes 2010, section 393.07, subdivision 10a, is amended to read:

Subd. 10a.

Expedited issuance of food stamps.

The commissioner of human
services shall continually monitor the expedited issuance of food stamp benefits to ensure
that each county complies with federal regulations and that households eligible for
expedited issuance of food stamps are identified, processed, and certified within the time
frames prescribed in federal regulations.

County food stamp offices shall screen deleted text begin and issue food stamps to deleted text end applicants on the
day of application. Applicants who meet the federal criteria for expedited issuance and
have an immediate need for food assistance shall receive deleted text begin either: deleted text end new text begin within five working days
new text end

deleted text begin (1) a manual Authorization to Participate (ATP) card; or
deleted text end

deleted text begin (2) deleted text end the deleted text begin immediate deleted text end issuance of food stamp deleted text begin coupons deleted text end new text begin benefits new text end .

The local food stamp agency shall conspicuously post in each food stamp office a
notice of the availability of and the procedure for applying for expedited issuance and
verbally advise each applicant of the availability of the expedited process.

Sec. 32.

Minnesota Statutes 2010, section 518A.51, is amended to read:

518A.51 FEES FOR IV-D SERVICES.

(a) When a recipient of IV-D services is no longer receiving assistance under the
state's title IV-A, IV-E foster care, medical assistance, or MinnesotaCare programs, the
public authority responsible for child support enforcement must notify the recipient,
within five working days of the notification of ineligibility, that IV-D services will be
continued unless the public authority is notified to the contrary by the recipient. The
notice must include the implications of continuing to receive IV-D services, including the
available services and fees, cost recovery fees, and distribution policies relating to fees.

(b) An application fee of $25 shall be paid by the person who applies for child
support and maintenance collection services, except persons who are receiving public
assistance as defined in section 256.741 and the diversionary work program under section
256J.95, persons who transfer from public assistance to nonpublic assistance status, and
minor parents and parents enrolled in a public secondary school, area learning center, or
alternative learning program approved by the commissioner of education.

(c) In the case of an individual who has never received assistance under a state
program funded under title IV-A of the Social Security Act and for whom the public
authority has collected at least $500 of support, the public authority must impose an
annual federal collections fee of $25 for each case in which services are furnished. This
fee must be retained by the public authority from support collected on behalf of the
individual, but not from the first $500 collected.

(d) When the public authority provides full IV-D services to an obligee who has
applied for those services, upon written notice to the obligee, the public authority must
charge a cost recovery fee of deleted text begin one deleted text end new text begin two new text end percent of the amount collected. This fee must
be deducted from the amount of the child support and maintenance collected and not
assigned under section 256.741 before disbursement to the obligee. This fee does not
apply to an obligee who:

(1) is currently receiving assistance under the state's title IV-A, IV-E foster care,
medical assistance, or MinnesotaCare programs; or

(2) has received assistance under the state's title IV-A or IV-E foster care programs,
until the person has not received this assistance for 24 consecutive months.

(e) When the public authority provides full IV-D services to an obligor who has
applied for such services, upon written notice to the obligor, the public authority must
charge a cost recovery fee of deleted text begin one deleted text end new text begin two new text end percent of the monthly court-ordered child support
and maintenance obligation. The fee may be collected through income withholding, as
well as by any other enforcement remedy available to the public authority responsible for
child support enforcement.

(f) Fees assessed by state and federal tax agencies for collection of overdue support
owed to or on behalf of a person not receiving public assistance must be imposed on the
person for whom these services are provided. The public authority upon written notice to
the obligee shall assess a fee of $25 to the person not receiving public assistance for each
successful federal tax interception. The fee must be withheld prior to the release of the
funds received from each interception and deposited in the general fund.

(g) Federal collections fees collected under paragraph (c) and cost recovery
fees collected under paragraphs (d) and (e) new text begin retained by the commissioner of human
services new text end shall be considered child support program income according to Code of Federal
Regulations, title 45, section 304.50, and shall be deposited in the special revenue fund
account established under paragraph (i). The commissioner of human services must elect
to recover costs based on either actual or standardized costs.

(h) The limitations of this section on the assessment of fees shall not apply to
the extent inconsistent with the requirements of federal law for receiving funds for the
programs under title IV-A and title IV-D of the Social Security Act, United States Code,
title 42, sections 601 to 613 and United States Code, title 42, sections 651 to 662.

(i) The commissioner of human services is authorized to establish a special revenue
fund account to receive the federal collections fees collected under paragraph (c) and cost
recovery fees collected under paragraphs (d) and (e). deleted text begin A portion of the nonfederal share of
these fees may be retained for expenditures necessary to administer the fees and must be
transferred to the child support system special revenue account. The remaining nonfederal
share of the federal collections fees and cost recovery fees must be retained by the
commissioner and dedicated to the child support general fund county performance-based
grant account authorized under sections 256.979 and 256.9791.
deleted text end

new text begin (j) The nonfederal share of the cost recovery fee revenue must be retained by the
commissioner and distributed as follows:
new text end

new text begin (1) one-half of the revenue must be transferred to the child support system special
revenue account to support the state's administration of the child support enforcement
program and its federally mandated automated system;
new text end

new text begin (2) an additional portion of the revenue must be transferred to the child support
system special revenue account for expenditures necessary to administer the fees; and
new text end

new text begin (3) the remaining portion of the revenue must be distributed to the counties to aid the
counties in funding their child support enforcement programs.
new text end

new text begin (k) The nonfederal share of the federal collections fees must be distributed to the
counties to aid them in funding their child support enforcement programs.
new text end

new text begin (l) The commissioner of human services shall distribute quarterly any of the funds
dedicated to the counties under paragraphs (j) and (k) using the methodology specified in
section 256.979, subdivision 11. The funds received by the counties must be reinvested in
the child support enforcement program and the counties must not reduce the funding of
their child support programs by the amount of the funding distributed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 33. new text begin REQUIREMENT FOR LIQUOR STORES, TOBACCO STORES,
GAMBLING ESTABLISHMENTS, AND TATTOO PARLORS.
new text end

new text begin Liquor stores, tobacco stores, gambling establishments, and tattoo parlors must
negotiate with their third-party processors to block EBT card cash transactions at their
places of business and withdrawals of cash at automatic teller machines located in their
places of business.
new text end

Sec. 34. new text begin MINNESOTA EBT BUSINESS TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Members. new text end

new text begin The Minnesota EBT Business Task Force includes seven
members, appointed as follows:
new text end

new text begin (1) two members of the Minnesota house of representatives appointed by the speaker
of the house;
new text end

new text begin (2) two members of the Minnesota senate appointed by the senate majority leader;
new text end

new text begin (3) the commissioner of human services, or designee;
new text end

new text begin (4) an appointee of the Minnesota Grocers Association; and
new text end

new text begin (5) a credit card processor, appointed by the commissioner of human services.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The Minnesota EBT Business Task Force shall create a workable
strategy to eliminate the purchase of tobacco and alcoholic beverages by recipients of the
general assistance program and Minnesota supplemental aid program under Minnesota
Statutes, chapter 256D, and programs under Minnesota Statutes, chapter 256J, using EBT
cards. The task force will consider cost to the state, feasibility of execution at retail, and
ease of use and privacy for EBT cardholders.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The task force will report back to the legislative committees with
jurisdiction over health and human services policy and finance by April 1, 2012, with
recommendations related to the task force duties under subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin The task force expires on June 30, 2012.
new text end

Sec. 35. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 256.979, subdivisions 5, 6, 7, and 10; and
256.9791, new text end new text begin are repealed effective retroactively from July 1, 2011.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2010, sections 256M.10, subdivision 5; 256M.60, subdivision
2; and 256M.70, subdivision 1, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Rules, part 3400.0130, subpart 8, new text end new text begin is repealed effective September
3, 2012.
new text end

new text begin (d) new text end new text begin Minnesota Rules, part 9500.1261, subparts 3, items D and E, 4, and 5, new text end new text begin are
repealed effective November 1, 2011.
new text end

ARTICLE 2

DEPARTMENT OF HEALTH

Section 1.

Minnesota Statutes 2010, section 62J.04, subdivision 3, is amended to read:

Subd. 3.

Cost containment duties.

The commissioner shall:

(1) establish statewide and regional cost containment goals for total health care
spending under this section and collect data as described in sections 62J.38 deleted text begin to 62J.41 deleted text end new text begin and
62J.40 new text end to monitor statewide achievement of the cost containment goals;

(2) divide the state into no fewer than four regions, with one of those regions being
the Minneapolis/St. Paul metropolitan statistical area but excluding Chisago, Isanti,
Wright, and Sherburne Counties, for purposes of fostering the development of regional
health planning and coordination of health care delivery among regional health care
systems and working to achieve the cost containment goals;

(3) monitor the quality of health care throughout the state and take action as
necessary to ensure an appropriate level of quality;

(4) issue recommendations regarding uniform billing forms, uniform electronic
billing procedures and data interchanges, patient identification cards, and other uniform
claims and administrative procedures for health care providers and private and public
sector payers. In developing the recommendations, the commissioner shall review the
work of the work group on electronic data interchange (WEDI) and the American National
Standards Institute (ANSI) at the national level, and the work being done at the state and
local level. The commissioner may adopt rules requiring the use of the Uniform Bill
82/92 form, the National Council of Prescription Drug Providers (NCPDP) 3.2 electronic
version, the Centers for Medicare and Medicaid Services 1500 form, or other standardized
forms or procedures;

(5) undertake health planning responsibilities;

(6) authorize, fund, or promote research and experimentation on new technologies
and health care procedures;

(7) within the limits of appropriations for these purposes, administer or contract for
statewide consumer education and wellness programs that will improve the health of
Minnesotans and increase individual responsibility relating to personal health and the
delivery of health care services, undertake prevention programs including initiatives to
improve birth outcomes, expand childhood immunization efforts, and provide start-up
grants for worksite wellness programs;

(8) undertake other activities to monitor and oversee the delivery of health care
services in Minnesota with the goal of improving affordability, quality, and accessibility of
health care for all Minnesotans; and

(9) make the cost containment goal data available to the public in a
consumer-oriented manner.

Sec. 2.

Minnesota Statutes 2010, section 62J.17, subdivision 4a, is amended to read:

Subd. 4a.

Expenditure reporting.

Each hospital, outpatient surgical center,
diagnostic imaging center, and physician clinic shall report annually to the commissioner
on all major spending commitments, in the form and manner specified by the
commissioner. The report shall include the following information:

(a) a description of major spending commitments made during the previous year,
including the total dollar amount of major spending commitments and purpose of the
expenditures;

(b) the cost of land acquisition, construction of new facilities, and renovation of
existing facilities;

(c) the cost of purchased or leased medical equipment, by type of equipment;

(d) expenditures by type for specialty care and new specialized services;

(e) information on the amount and types of added capacity for diagnostic imaging
services, outpatient surgical services, and new specialized services; and

(f) information on investments in electronic medical records systems.

For hospitals and outpatient surgical centers, this information shall be included in reports
to the commissioner that are required under section 144.698. For diagnostic imaging
centers, this information shall be included in reports to the commissioner that are required
under section 144.565. deleted text begin For physician clinics, this information shall be included in reports
to the commissioner that are required under section 62J.41. deleted text end For all other health care
providers that are subject to this reporting requirement, reports must be submitted to the
commissioner by March 1 each year for the preceding calendar year.

Sec. 3.

Minnesota Statutes 2010, section 62J.692, is amended to read:

62J.692 MEDICAL EDUCATION.

Subdivision 1.

Definitions.

For purposes of this section, the following definitions
apply:

(a) "Accredited clinical training" means the clinical training provided by a
medical education program that is accredited through an organization recognized by the
Department of Education, the Centers for Medicare and Medicaid Services, or another
national body who reviews the accrediting organizations for multiple disciplines and
whose standards for recognizing accrediting organizations are reviewed and approved by
the commissioner of health in consultation with the Medical Education and Research
Advisory Committee.

(b) "Commissioner" means the commissioner of health.

(c) "Clinical medical education program" means the accredited clinical training of
physicians (medical students and residents), doctor of pharmacy practitioners, doctors
of chiropractic, dentists, advanced practice nurses (clinical nurse specialists, certified
registered nurse anesthetists, nurse practitioners, and certified nurse midwives), and
physician assistants.

(d) "Sponsoring institution" means a hospital, school, or consortium located in
Minnesota that sponsors and maintains primary organizational and financial responsibility
for a clinical medical education program in Minnesota and which is accountable to the
accrediting body.

(e) "Teaching institution" means a hospital, medical center, clinic, or other
organization that conducts a clinical medical education program in Minnesota.

(f) "Trainee" means a student or resident involved in a clinical medical education
program.

(g) "Eligible trainee FTE's" means the number of trainees, as measured by full-time
equivalent counts, that are at training sites located in Minnesota with currently active
medical assistance enrollment status and a National Provider Identification (NPI) number
where training occurs in either an inpatient or ambulatory patient care setting and where
the training is funded, in part, by patient care revenues. Training that occurs in nursing
facility settings is not eligible for funding under this section.

Subd. 3.

Application process.

(a) A clinical medical education program
conducted in Minnesota by a teaching institution to train physicians, doctor of pharmacy
practitioners, dentists, chiropractors, or physician assistants is eligible for funds under
subdivision 4 if the program:

(1) is funded, in part, by patient care revenues;

(2) occurs in patient care settings that face increased financial pressure as a result
of competition with nonteaching patient care entities; and

(3) emphasizes primary care or specialties that are in undersupply in Minnesota.

deleted text begin A clinical medical education program that trains pediatricians is requested to include
in its program curriculum training in case management and medication management for
children suffering from mental illness to be eligible for funds under subdivision 4.
deleted text end

(b) A clinical medical education program for advanced practice nursing is eligible for
funds under subdivision 4 if the program meets the eligibility requirements in paragraph
(a), clauses (1) to (3), and is sponsored by the University of Minnesota Academic Health
Center, the Mayo Foundation, or institutions that are part of the Minnesota State Colleges
and Universities system or members of the Minnesota Private College Council.

(c) Applications must be submitted to the commissioner by a sponsoring institution
on behalf of an eligible clinical medical education program and must be received by
October 31 of each year for distribution in the following year. An application for funds
must contain the following information:

(1) the official name and address of the sponsoring institution and the official
name and site address of the clinical medical education programs on whose behalf the
sponsoring institution is applying;

(2) the name, title, and business address of those persons responsible for
administering the funds;

(3) for each clinical medical education program for which funds are being sought;
the type and specialty orientation of trainees in the program; the name, site address, and
medical assistance provider number new text begin and national provider identification number new text end of each
training site used in the program; new text begin the federal tax identification number of each training site
used in the program, where available; new text end the total number of trainees at each training site; and
the total number of eligible trainee FTEs at each site; and

(4) other supporting information the commissioner deems necessary to determine
program eligibility based on the criteria in paragraphs (a) and (b) and to ensure the
equitable distribution of funds.

(d) An application must include the information specified in clauses (1) to (3) for
each clinical medical education program on an annual basis for three consecutive years.
After that time, an application must include the information specified in clauses (1) to (3)
when requested, at the discretion of the commissioner:

(1) audited clinical training costs per trainee for each clinical medical education
program when available or estimates of clinical training costs based on audited financial
data;

(2) a description of current sources of funding for clinical medical education costs,
including a description and dollar amount of all state and federal financial support,
including Medicare direct and indirect payments; and

(3) other revenue received for the purposes of clinical training.

(e) An applicant that does not provide information requested by the commissioner
shall not be eligible for funds for the current funding cycle.

Subd. 4.

Distribution of funds.

(a) deleted text begin Following the distribution described under
paragraph (b), deleted text end The commissioner shall annually distribute the available medical education
funds to all qualifying applicants based on a distribution formula that reflects a summation
of two factors:

(1) a public program volume factor, which is determined by the total volume of
public program revenue received by each training site as a percentage of all public
program revenue received by all training sites in the fund pool; and

(2) a supplemental public program volume factor, which is determined by providing
a supplemental payment of 20 percent of each training site's grant to training sites whose
public program revenue accounted for at least 0.98 percent of the total public program
revenue received by all eligible training sites. Grants to training sites whose public
program revenue accounted for less than 0.98 percent of the total public program revenue
received by all eligible training sites shall be reduced by an amount equal to the total
value of the supplemental payment.

Public program revenue for the distribution formula includes revenue from medical
assistance, prepaid medical assistance, general assistance medical care, and prepaid
general assistance medical care. Training sites that receive no public program revenue
are ineligible for funds available under this subdivision. For purposes of determining
training-site level grants to be distributed under paragraph (a), total statewide average
costs per trainee for medical residents is based on audited clinical training costs per trainee
in primary care clinical medical education programs for medical residents. Total statewide
average costs per trainee for dental residents is based on audited clinical training costs
per trainee in clinical medical education programs for dental students. Total statewide
average costs per trainee for pharmacy residents is based on audited clinical training costs
per trainee in clinical medical education programs for pharmacy students. new text begin Training sites
whose training site level grant is less than $1,000, based on the formula described in this
paragraph, are ineligible for funds available under this subdivision.
new text end

deleted text begin (b) $5,350,000 of the available medical education funds shall be distributed as
follows:
deleted text end

deleted text begin (1) $1,475,000 to the University of Minnesota Medical Center-Fairview;
deleted text end

deleted text begin (2) $2,075,000 to the University of Minnesota School of Dentistry; and
deleted text end

deleted text begin (3) $1,800,000 to the Academic Health Center. $150,000 of the funds distributed to
the Academic Health Center under this paragraph shall be used for a program to assist
internationally trained physicians who are legal residents and who commit to serving
underserved Minnesota communities in a health professional shortage area to successfully
compete for family medicine residency programs at the University of Minnesota.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Funds distributed shall not be used to displace current funding appropriations
from federal or state sources.

deleted text begin (d) deleted text end new text begin (c) new text end Funds shall be distributed to the sponsoring institutions indicating the amount
to be distributed to each of the sponsor's clinical medical education programs based on
the criteria in this subdivision and in accordance with the commissioner's approval letter.
Each clinical medical education program must distribute funds allocated under paragraph
(a) to the training sites as specified in the commissioner's approval letter. Sponsoring
institutions, which are accredited through an organization recognized by the Department
of Education or the Centers for Medicare and Medicaid Services, may contract directly
with training sites to provide clinical training. To ensure the quality of clinical training,
those accredited sponsoring institutions must:

(1) develop contracts specifying the terms, expectations, and outcomes of the clinical
training conducted at sites; and

(2) take necessary action if the contract requirements are not met. Action may
include the withholding of payments under this section or the removal of students from
the site.

deleted text begin (e) deleted text end new text begin (d) new text end Any funds not distributed in accordance with the commissioner's approval
letter must be returned to the medical education and research fund within 30 days of
receiving notice from the commissioner. The commissioner shall distribute returned funds
to the appropriate training sites in accordance with the commissioner's approval letter.

deleted text begin (f) deleted text end new text begin (e) new text end A maximum of $150,000 of the funds dedicated to the commissioner
under section 297F.10, subdivision 1, clause (2), may be used by the commissioner for
administrative expenses associated with implementing this section.

Subd. 5.

Report.

(a) Sponsoring institutions receiving funds under this section
must sign and submit a medical education grant verification report (GVR) to verify that
the correct grant amount was forwarded to each eligible training site. If the sponsoring
institution fails to submit the GVR by the stated deadline, or to request and meet
the deadline for an extension, the sponsoring institution is required to return the full
amount of funds received to the commissioner within 30 days of receiving notice from
the commissioner. The commissioner shall distribute returned funds to the appropriate
training sites in accordance with the commissioner's approval letter.

(b) The reports must provide verification of the distribution of the funds and must
include:

(1) the total number of eligible trainee FTEs in each clinical medical education
program;

(2) the name of each funded program and, for each program, the dollar amount
distributed to each training site;

(3) documentation of any discrepancies between the initial grant distribution notice
included in the commissioner's approval letter and the actual distribution;

(4) a statement by the sponsoring institution stating that the completed grant
verification report is valid and accurate; and

(5) other information the commissioner, with advice from the advisory committee,
deems appropriate to evaluate the effectiveness of the use of funds for medical education.

(c) By February 15 of each year, the commissioner, with advice from the
advisory committee, shall provide an annual summary report to the legislature on the
implementation of this section.

Subd. 6.

Other available funds.

The commissioner is authorized to distribute, in
accordance with subdivision 4, funds made available through:

(1) voluntary contributions by employers or other entities;

(2) allocations for the commissioner of human services to support medical education
and research; and

(3) other sources as identified and deemed appropriate by the legislature for
inclusion in the fund.

Subd. 7.

Transfers from the commissioner of human services.

Of the amount
transferred according to section 256B.69, subdivision 5c, paragraph (a), clauses (1) to (4),
$21,714,000 shall be distributed as follows:

(1) $2,157,000 shall be distributed by the commissioner to the University of
Minnesota Board of Regents for the purposes described in sections 137.38 to 137.40;

(2) $1,035,360 shall be distributed by the commissioner to the Hennepin County
Medical Center for clinical medical education;

(3) $17,400,000 shall be distributed by the commissioner to the University of
Minnesota Board of Regents for purposes of medical education;

(4) $1,121,640 shall be distributed by the commissioner to clinical medical education
dental innovation grants in accordance with subdivision 7a; and

(5) the remainder of the amount transferred according to section 256B.69,
subdivision 5c, clauses (1) to (4), shall be distributed by the commissioner annually to
clinical medical education programs that meet the qualifications of subdivision 3 based on
the formula in subdivision 4, paragraph (a).

Subd. 7a.

Clinical medical education innovations grants.

(a) The commissioner
shall award grants to teaching institutions and clinical training sites for projects that
increase dental access for underserved populations and promote innovative clinical
training of dental professionals. In awarding the grants, the commissioner, in consultation
with the commissioner of human services, shall consider the following:

(1) potential to successfully increase access to an underserved population;

(2) the long-term viability of the project to improve access beyond the period
of initial funding;

(3) evidence of collaboration between the applicant and local communities;

(4) the efficiency in the use of the funding; and

(5) the priority level of the project in relation to state clinical education, access,
and workforce goals.

(b) The commissioner shall periodically evaluate the priorities in awarding the
innovations grants in order to ensure that the priorities meet the changing workforce
needs of the state.

Subd. 8.

Federal financial participation.

The commissioner of human services
shall seek to maximize federal financial participation in payments for medical education
and research costs.

The commissioner shall use physician clinic rates where possible to maximize
federal financial participation. Any additional funds that become available must be
distributed under subdivision 4, paragraph (a).

Subd. 9.

Review of eligible providers.

The commissioner and the Medical
Education and Research Costs Advisory Committee may review provider groups included
in the definition of a clinical medical education program to assure that the distribution of
the funds continue to be consistent with the purpose of this section. The results of any
such reviews must be reported to the Legislative Commission on Health Care Access.

Sec. 4.

new text begin [62U.15] ALZHEIMER'S DISEASE; PREVALENCE AND SCREENING
MEASURES.
new text end

new text begin Subdivision 1. new text end

new text begin Data from providers. new text end

new text begin (a) By July 1, 2012, the commissioner
shall review currently available quality measures and make recommendations for future
measurement aimed at improving assessment and care related to Alzheimer's disease and
other dementia diagnoses, including improved rates and results of cognitive screening,
rates of Alzheimer's and other dementia diagnoses, and prescribed care and treatment
plans.
new text end

new text begin (b) The commissioner may contract with a private entity to complete the
requirements in this subdivision. If the commissioner contracts with a private entity
already under contract through section 62U.02, then the commissioner may use a sole
source contract and is exempt from competitive procurement processes.
new text end

new text begin Subd. 2. new text end

new text begin Learning collaborative. new text end

new text begin By July 1, 2012, the commissioner shall
develop a health care home learning collaborative curriculum that includes screening and
education on best practices regarding identification and management of Alzheimer's and
other dementia patients under section 256B.0751, subdivision 5, for providers, clinics,
care coordinators, clinic administrators, patient partners and families, and community
resources including public health.
new text end

new text begin Subd. 3. new text end

new text begin Comparison data. new text end

new text begin The commissioner, with the commissioner of human
services, the Minnesota Board on Aging, and other appropriate state offices, shall jointly
review existing and forthcoming literature in order to estimate differences in the outcomes
and costs of current practices for caring for those with Alzheimer's disease and other
dementias, compared to the outcomes and costs resulting from:
new text end

new text begin (1) earlier identification of Alzheimer's and other dementias;
new text end

new text begin (2) improved support of family caregivers; and
new text end

new text begin (3) improved collaboration between medical care management and community-based
supports.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin By January 15, 2013, the commissioner must report to the
legislature on progress toward establishment and collection of quality measures required
under this section.
new text end

Sec. 5.

Minnesota Statutes 2010, section 103I.101, subdivision 6, is amended to read:

Subd. 6.

Fees for variances.

The commissioner shall charge a nonrefundable
application fee of deleted text begin $215 deleted text end new text begin $235 new text end to cover the administrative cost of processing a request for a
variance or modification of rules adopted by the commissioner under this chapter.

Sec. 6.

Minnesota Statutes 2010, section 103I.208, subdivision 1, is amended to read:

Subdivision 1.

Well notification fee.

The well notification fee to be paid by a
property owner is:

(1) for a new water supply well, deleted text begin $215 deleted text end new text begin $235 new text end , which includes the state core function
fee;

(2) for a well sealing, deleted text begin $50 deleted text end new text begin $65 new text end for each well, which includes the state core function
fee, except that for monitoring wells constructed on a single property, having depths
within a 25 foot range, and sealed within 48 hours of start of construction, a single fee of
deleted text begin $50 deleted text end new text begin $65 new text end ; and

(3) for construction of a dewatering well, deleted text begin $215 deleted text end new text begin $235 new text end , which includes the state core
function fee, for each dewatering well except a dewatering project comprising five or
more dewatering wells shall be assessed a single fee of deleted text begin $1,075 deleted text end new text begin $1,175 new text end for the dewatering
wells recorded on the notification.

Sec. 7.

Minnesota Statutes 2010, section 103I.208, subdivision 2, is amended to read:

Subd. 2.

Permit fee.

The permit fee to be paid by a property owner is:

(1) for a water supply well that is not in use under a maintenance permit, $175
annually;

(2) for construction of a monitoring well, deleted text begin $215 deleted text end new text begin $235 new text end , which includes the state
core function fee;

(3) for a monitoring well that is unsealed under a maintenance permit, $175 annually;

(4) for a monitoring well owned by a federal agency, state agency, or local unit of
government that is unsealed under a maintenance permit, $50 annually. "Local unit of
government" means a statutory or home rule charter city, town, county, or soil and water
conservation district, watershed district, an organization formed for the joint exercise of
powers under section 471.59, a board of health or community health board, or other
special purpose district or authority with local jurisdiction in water and related land
resources management;

(5) for monitoring wells used as a leak detection device at a single motor fuel retail
outlet, a single petroleum bulk storage site excluding tank farms, or a single agricultural
chemical facility site, the construction permit fee is deleted text begin $215 deleted text end new text begin $235 new text end , which includes the state
core function fee, per site regardless of the number of wells constructed on the site, and
the annual fee for a maintenance permit for unsealed monitoring wells is $175 per site
regardless of the number of monitoring wells located on site;

(6) for a groundwater thermal exchange device, in addition to the notification fee for
water supply wells, deleted text begin $215 deleted text end new text begin $235 new text end , which includes the state core function fee;

(7) for a vertical heat exchanger with less than ten tons of heating/cooling capacity,
deleted text begin $215 deleted text end new text begin $235 new text end ;

(8) for a vertical heat exchanger with ten to 50 tons of heating/cooling capacity,
deleted text begin $425 deleted text end new text begin $475 new text end ;

(9) for a vertical heat exchanger with greater than 50 tons of heating/cooling
capacity, deleted text begin $650 deleted text end new text begin $700 new text end ;

(10) for a dewatering well that is unsealed under a maintenance permit, $175
annually for each dewatering well, except a dewatering project comprising more than five
dewatering wells shall be issued a single permit for $875 annually for dewatering wells
recorded on the permit; and

(11) for an elevator boring, deleted text begin $215 deleted text end new text begin $235 new text end for each boring.

Sec. 8.

Minnesota Statutes 2010, section 103I.235, subdivision 1, is amended to read:

Subdivision 1.

Disclosure of wells to buyer.

(a) Before signing an agreement to
sell or transfer real property, the seller must disclose in writing to the buyer information
about the status and location of all known wells on the property, by delivering to the buyer
either a statement by the seller that the seller does not know of any wells on the property,
or a disclosure statement indicating the legal description and county, and a map drawn
from available information showing the location of each well to the extent practicable.
In the disclosure statement, the seller must indicate, for each well, whether the well is in
use, not in use, or sealed.

(b) At the time of closing of the sale, the disclosure statement information, name and
mailing address of the buyer, and the quartile, section, township, and range in which each
well is located must be provided on a well disclosure certificate signed by the seller or a
person authorized to act on behalf of the seller.

(c) A well disclosure certificate need not be provided if the seller does not know
of any wells on the property and the deed or other instrument of conveyance contains
the statement: "The Seller certifies that the Seller does not know of any wells on the
described real property."

(d) If a deed is given pursuant to a contract for deed, the well disclosure certificate
required by this subdivision shall be signed by the buyer or a person authorized to act on
behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure
certificate is not required if the following statement appears on the deed followed by the
signature of the grantee or, if there is more than one grantee, the signature of at least one
of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the
described real property." The statement and signature of the grantee may be on the front
or back of the deed or on an attached sheet and an acknowledgment of the statement by
the grantee is not required for the deed to be recordable.

(e) This subdivision does not apply to the sale, exchange, or transfer of real property:

(1) that consists solely of a sale or transfer of severed mineral interests; or

(2) that consists of an individual condominium unit as described in chapters 515
and 515B.

(f) For an area owned in common under chapter 515 or 515B the association or other
responsible person must report to the commissioner by July 1, 1992, the location and
status of all wells in the common area. The association or other responsible person must
notify the commissioner within 30 days of any change in the reported status of wells.

(g) If the seller fails to provide a required well disclosure certificate, the buyer, or
a person authorized to act on behalf of the buyer, may sign a well disclosure certificate
based on the information provided on the disclosure statement required by this section
or based on other available information.

(h) A county recorder or registrar of titles may not record a deed or other instrument
of conveyance dated after October 31, 1990, for which a certificate of value is required
under section 272.115, or any deed or other instrument of conveyance dated after October
31, 1990, from a governmental body exempt from the payment of state deed tax, unless
the deed or other instrument of conveyance contains the statement made in accordance
with paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all
the information required by paragraph (b) or (d). The county recorder or registrar of titles
must not accept a certificate unless it contains all the required information. The county
recorder or registrar of titles shall note on each deed or other instrument of conveyance
accompanied by a well disclosure certificate that the well disclosure certificate was
received. The notation must include the statement "No wells on property" if the disclosure
certificate states there are no wells on the property. The well disclosure certificate shall not
be filed or recorded in the records maintained by the county recorder or registrar of titles.
After noting "No wells on property" on the deed or other instrument of conveyance, the
county recorder or registrar of titles shall destroy or return to the buyer the well disclosure
certificate. The county recorder or registrar of titles shall collect from the buyer or the
person seeking to record a deed or other instrument of conveyance, a fee of deleted text begin $45 deleted text end new text begin $50 new text end
for receipt of a completed well disclosure certificate. By the tenth day of each month,
the county recorder or registrar of titles shall transmit the well disclosure certificates
to the commissioner of health. By the tenth day after the end of each calendar quarter,
the county recorder or registrar of titles shall transmit to the commissioner of health
deleted text begin $37.50 deleted text end new text begin $42.50 new text end of the fee for each well disclosure certificate received during the quarter.
The commissioner shall maintain the well disclosure certificate for at least six years. The
commissioner may store the certificate as an electronic image. A copy of that image
shall be as valid as the original.

(i) No new well disclosure certificate is required under this subdivision if the buyer
or seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed
or other instrument of conveyance that the status and number of wells on the property
have not changed since the last previously filed well disclosure certificate. The following
statement, if followed by the signature of the person making the statement, is sufficient
to comply with the certification requirement of this paragraph: "I am familiar with the
property described in this instrument and I certify that the status and number of wells on
the described real property have not changed since the last previously filed well disclosure
certificate." The certification and signature may be on the front or back of the deed or on
an attached sheet and an acknowledgment of the statement is not required for the deed or
other instrument of conveyance to be recordable.

(j) The commissioner in consultation with county recorders shall prescribe the form
for a well disclosure certificate and provide well disclosure certificate forms to county
recorders and registrars of titles and other interested persons.

(k) Failure to comply with a requirement of this subdivision does not impair:

(1) the validity of a deed or other instrument of conveyance as between the parties
to the deed or instrument or as to any other person who otherwise would be bound by
the deed or instrument; or

(2) the record, as notice, of any deed or other instrument of conveyance accepted for
filing or recording contrary to the provisions of this subdivision.

Sec. 9.

Minnesota Statutes 2010, section 103I.525, subdivision 2, is amended to read:

Subd. 2.

Certification deleted text begin application deleted text end fee.

new text begin (a) new text end The application fee for certification
as a representative of a well contractor is $75. The commissioner may not act on an
application until the application fee is paid.

new text begin (b) The renewal fee for certification as a representative of a well contractor is $75.
The commissioner may not renew a certification until the renewal fee is paid.
new text end

Sec. 10.

Minnesota Statutes 2010, section 103I.531, subdivision 2, is amended to read:

Subd. 2.

Certification deleted text begin application deleted text end fee.

new text begin (a) new text end The application fee for certification as a
representative of a limited well/boring contractor is $75. The commissioner may not act
on an application until the application fee is paid.

new text begin (b) The renewal fee for certification as a representative of a limited well/boring
contractor is $75. The commissioner may not renew a certification until the renewal
fee is paid.
new text end

Sec. 11.

Minnesota Statutes 2010, section 103I.535, subdivision 2, is amended to read:

Subd. 2.

Certification deleted text begin application deleted text end fee.

new text begin (a) new text end The application fee for certification as a
representative of an elevator boring contractor is $75. The commissioner may not act on
an application until the application fee is paid.

new text begin (b) The renewal fee for certification as a representative of an elevator boring
contractor is $75. The commissioner may not renew a certification until the renewal
fee is paid.
new text end

Sec. 12.

Minnesota Statutes 2010, section 103I.541, subdivision 2c, is amended to read:

Subd. 2c.

Certification deleted text begin application deleted text end fee.

new text begin (a) new text end The application fee for certification as a
representative of a monitoring well contractor is $75. The commissioner may not act on
an application until the application fee is paid.

new text begin (b) The renewal fee for certification as a representative of a monitoring well
contractor is $75. The commissioner may not renew a certification until the renewal
fee is paid.
new text end

Sec. 13.

Minnesota Statutes 2010, section 144.1464, subdivision 1, is amended to read:

Subdivision 1.

Summer internships.

The commissioner of health, through a
contract with a nonprofit organization as required by subdivision 4, shall award grants new text begin ,
within available appropriations, new text end to hospitals, clinics, nursing facilities, and home care
providers to establish a secondary and postsecondary summer health care intern program.
The purpose of the program is to expose interested secondary and postsecondary pupils to
various careers within the health care profession.

Sec. 14.

Minnesota Statutes 2010, section 144.1501, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following definitions
apply.

(b) "Dentist" means an individual who is licensed to practice dentistry.

(c) "Designated rural area" means deleted text begin :
deleted text end

deleted text begin (1) an area in Minnesota outside the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington, excluding the cities of Duluth, Mankato, Moorhead,
Rochester, and St. Cloud; or
deleted text end

deleted text begin (2) a municipal corporation, as defined under section 471.634, that is physically
located, in whole or in part, in an area defined as a designated rural area under clause (1). deleted text end new text begin
an area defined as a small rural area or isolated rural area according to the four category
classifications of the Rural Urban Commuting Area system developed for the United
States Health Resources and Services Administration.
new text end

(d) "Emergency circumstances" means those conditions that make it impossible for
the participant to fulfill the service commitment, including death, total and permanent
disability, or temporary disability lasting more than two years.

(e) "Medical resident" means an individual participating in a medical residency in
family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse
anesthetist, advanced clinical nurse specialist, or physician assistant.

(g) "Nurse" means an individual who has completed training and received all
licensing or certification necessary to perform duties as a licensed practical nurse or
registered nurse.

(h) "Nurse-midwife" means a registered nurse who has graduated from a program of
study designed to prepare registered nurses for advanced practice as nurse-midwives.

(i) "Nurse practitioner" means a registered nurse who has graduated from a program
of study designed to prepare registered nurses for advanced practice as nurse practitioners.

(j) "Pharmacist" means an individual with a valid license issued under chapter 151.

(k) "Physician" means an individual who is licensed to practice medicine in the areas
of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

(l) "Physician assistant" means a person licensed under chapter 147A.

(m) "Qualified educational loan" means a government, commercial, or foundation
loan for actual costs paid for tuition, reasonable education expenses, and reasonable living
expenses related to the graduate or undergraduate education of a health care professional.

(n) "Underserved urban community" means a Minnesota urban area or population
included in the list of designated primary medical care health professional shortage areas
(HPSAs), medically underserved areas (MUAs), or medically underserved populations
(MUPs) maintained and updated by the United States Department of Health and Human
Services.

Sec. 15.

Minnesota Statutes 2010, section 144.98, subdivision 2a, is amended to read:

Subd. 2a.

Standards.

new text begin Notwithstanding the exemptions in subdivisions 8 and 9, new text end the
commissioner shall accredit laboratories according to the most current environmental
laboratory accreditation standards under subdivision 1 and as accepted by the accreditation
bodies recognized by the National Environmental Laboratory Accreditation Program
(NELAP) of the NELAC Institute.

Sec. 16.

Minnesota Statutes 2010, section 144.98, subdivision 7, is amended to read:

Subd. 7.

Initial accreditation and annual accreditation renewal.

(a) The
commissioner shall issue or renew accreditation after receipt of the completed application
and documentation required in this section, provided the laboratory maintains compliance
with the standards specified in subdivision 2a new text begin , notwithstanding any exemptions under
subdivisions 8 and 9 new text end , and attests to the compliance on the application form.

(b) The commissioner shall prorate the fees in subdivision 3 for laboratories
applying for accreditation after December 31. The fees are prorated on a quarterly basis
beginning with the quarter in which the commissioner receives the completed application
from the laboratory.

(c) Applications for renewal of accreditation must be received by November 1 and
no earlier than October 1 of each year. The commissioner shall send annual renewal
notices to laboratories 90 days before expiration. Failure to receive a renewal notice does
not exempt laboratories from meeting the annual November 1 renewal date.

(d) The commissioner shall issue all accreditations for the calendar year for which
the application is made, and the accreditation shall expire on December 31 of that year.

(e) The accreditation of any laboratory that fails to submit a renewal application
and fees to the commissioner expires automatically on December 31 without notice or
further proceeding. Any person who operates a laboratory as accredited after expiration of
accreditation or without having submitted an application and paid the fees is in violation
of the provisions of this section and is subject to enforcement action under sections
144.989 to 144.993, the Health Enforcement Consolidation Act. A laboratory with expired
accreditation may reapply under subdivision 6.

Sec. 17.

Minnesota Statutes 2010, section 144.98, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Exemption from national standards for quality control and personnel
requirements. new text end

new text begin Effective January 1, 2012, a laboratory that analyzes samples for
compliance with a permit issued under section 115.03, subdivision 5, may request
exemption from the personnel requirements and specific quality control provisions for
microbiology and chemistry stated in the national standards as incorporated by reference
in subdivision 2a. The commissioner shall grant the exemption if the laboratory:
new text end

new text begin (1) complies with the methodology and quality control requirements, where
available, in the most recent, approved edition of the Standard Methods for the
Examination of Water and Wastewater as published by the Water Environment Federation;
and
new text end

new text begin (2) supplies the name of the person meeting the requirements in section 115.73, or
the personnel requirements in the national standard pursuant to subdivision 2a.
new text end

new text begin A laboratory applying for this exemption shall not apply for simultaneous
accreditation under the national standard.
new text end

Sec. 18.

Minnesota Statutes 2010, section 144.98, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Exemption from national standards for proficiency testing frequency.
new text end

new text begin (a) Effective January 1, 2012, a laboratory applying for or requesting accreditation under
the exemption in subdivision 8 must obtain an acceptable proficiency test result for each
of the laboratory's accredited or requested fields of testing. The laboratory must analyze
proficiency samples selected from one of two annual proficiency testing studies scheduled
by the commissioner.
new text end

new text begin (b) If a laboratory fails to successfully complete the first scheduled proficiency
study, the laboratory shall:
new text end

new text begin (1) obtain and analyze a supplemental test sample within 15 days of receiving the
test report for the initial failed attempt; and
new text end

new text begin (2) participate in the second annual study as scheduled by the commissioner.
new text end

new text begin (c) If a laboratory does not submit results or fails two consecutive proficiency
samples, the commissioner will revoke the laboratory's accreditation for the affected
fields of testing.
new text end

new text begin (d) The commissioner may require a laboratory to analyze additional proficiency
testing samples beyond what is required in this subdivision if information available to
the commissioner indicates that the laboratory's analysis for the field of testing does not
meet the requirements for accreditation.
new text end

new text begin (e) The commissioner may collect from laboratories accredited under the exemption
in subdivision 8 any additional costs required to administer this subdivision and
subdivision 8.
new text end

Sec. 19.

Minnesota Statutes 2010, section 144A.102, is amended to read:

144A.102 WAIVER FROM FEDERAL RULES AND REGULATIONS;
PENALTIES.

new text begin (a) new text end By January 2000, the commissioner of health shall work with providers to
examine state and federal rules and regulations governing the provision of care in licensed
nursing facilities and apply for federal waivers and identify necessary changes in state
law to:

(1) allow the use of civil money penalties imposed upon nursing facilities to abate
any deficiencies identified in a nursing facility's plan of correction; and

(2) stop the accrual of any fine imposed by the Health Department when a follow-up
inspection survey is not conducted by the department within the regulatory deadline.

new text begin (b) By January 2012, the commissioner of health shall work with providers and
the ombudsman for long-term care to examine state and federal rules and regulations
governing the provision of care in licensed nursing facilities and apply for federal waivers
and identify necessary changes in state law to:
new text end

new text begin (1) eliminate the requirement for written plans of correction from nursing homes for
federal deficiencies issued at a scope and severity that is not widespread, harmful, or in
immediate jeopardy; and
new text end

new text begin (2) issue the federal survey form electronically to nursing homes.
new text end

new text begin The commissioner shall issue a report to the legislative chairs of the committees
with jurisdiction over health and human services by January 31, 2012, on the status of
implementation of this paragraph.
new text end

Sec. 20.

Minnesota Statutes 2010, section 144A.61, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Electronic transmission. new text end

new text begin The commissioner of health must accept
electronic transmission of applications and supporting documentation for interstate
endorsement for the nursing assistant registry.
new text end

Sec. 21.

Minnesota Statutes 2010, section 144E.123, is amended to read:

144E.123 PREHOSPITAL CARE DATA.

Subdivision 1.

Collection and maintenance.

A licensee shall collect and provide
prehospital care data to the board in a manner prescribed by the board. At a minimum,
the data must include items identified by the board that are part of the National Uniform
Emergency Medical Services Data Set. A licensee shall maintain prehospital care data
for every response.

Subd. 2.

Copy to receiving hospital.

If a patient is transported to a hospital, a copy
of the ambulance report delineating prehospital medical care given shall be provided
to the receiving hospital.

Subd. 3.

Review.

Prehospital care data may be reviewed by the board or its
designees. The data shall be classified as private data on individuals under chapter 13, the
Minnesota Government Data Practices Act.

deleted text begin Subd. 4. deleted text end

deleted text begin Penalty. deleted text end

deleted text begin Failure to report all information required by the board under this
section shall constitute grounds for license revocation.
deleted text end

new text begin Subd. 5. new text end

new text begin Working group. new text end

new text begin By October 1, 2011, the board must convene a working
group composed of six members, three of which must be appointed by the board and three
of which must be appointed by the Minnesota Ambulance Association, to redesign the
board's policies related to collection of data from licenses. The issues to be considered
include, but are not limited to, the following: user-friendly reporting requirements; data
sets; improved accuracy of reported information; appropriate use of information gathered
through the reporting system; and methods for minimizing the financial impact of data
reporting on licenses, particularly for rural volunteer services. The working group must
report its findings and recommendations to the board no later than July 1, 2012.
new text end

Sec. 22.

Minnesota Statutes 2010, section 145A.17, subdivision 3, is amended to read:

Subd. 3.

Requirements for programs; process.

(a) Community health boards
and tribal governments that receive funding under this section must submit a plan to
the commissioner describing a multidisciplinary approach to targeted home visiting for
families. The plan must be submitted on forms provided by the commissioner. At a
minimum, the plan must include the following:

(1) a description of outreach strategies to families prenatally or at birth;

(2) provisions for the seamless delivery of health, safety, and early learning services;

(3) methods to promote continuity of services when families move within the state;

(4) a description of the community demographics;

(5) a plan for meeting outcome measures; and

(6) a proposed work plan that includes:

(i) coordination to ensure nonduplication of services for children and families;

(ii) a description of the strategies to ensure that children and families at greatest risk
receive appropriate services; and

(iii) collaboration with multidisciplinary partners including public health,
ECFE, Head Start, community health workers, social workers, community home
visiting programs, school districts, and other relevant partners. Letters of intent from
multidisciplinary partners must be submitted with the plan.

(b) Each program that receives funds must accomplish the following program
requirements:

(1) use a community-based strategy to provide preventive and early intervention
home visiting services;

(2) offer a home visit by a trained home visitor. If a home visit is accepted, the first
home visit must occur prenatally or as soon after birth as possible and must include a
public health nursing assessment by a public health nurse;

(3) offer, at a minimum, information on infant care, child growth and development,
positive parenting, preventing diseases, preventing exposure to environmental hazards,
and support services available in the community;

(4) provide information on and referrals to health care services, if needed, including
information on and assistance in applying for health care coverage for which the child or
family may be eligible; and provide information on preventive services, developmental
assessments, and the availability of public assistance programs as appropriate;

(5) provide youth development programs when appropriate;

(6) recruit home visitors who will represent, to the extent possible, the races,
cultures, and languages spoken by families that may be served;

(7) train and supervise home visitors in accordance with the requirements established
under subdivision 4;

(8) maximize resources and minimize duplication by coordinating or contracting
with local social and human services organizations, education organizations, and other
appropriate governmental entities and community-based organizations and agencies;

(9) utilize appropriate racial and ethnic approaches to providing home visiting
services; and

(10) connect eligible families, as needed, to additional resources available in the
community, including, but not limited to, early care and education programs, health or
mental health services, family literacy programs, employment agencies, social services,
and child care resources and referral agencies.

(c) When available, programs that receive funds under this section must offer or
provide the family with a referral to center-based or group meetings that meet at least
once per month for those families identified with additional needs. The meetings must
focus on further enhancing the information, activities, and skill-building addressed during
home visitation; offering opportunities for parents to meet with and support each other;
and offering infants and toddlers a safe, nurturing, and stimulating environment for
socialization and supervised play with qualified teachers.

(d) Funds available under this section shall not be used for medical services. The
commissioner shall establish an administrative cost limit for recipients of funds. The
outcome measures established under subdivision 6 must be specified to recipients of
funds at the time the funds are distributed.

(e) Data collected on individuals served by the home visiting programs must remain
confidential and must not be disclosed by providers of home visiting services without a
specific informed written consent that identifies disclosures to be made. Upon request,
agencies providing home visiting services must provide recipients with information on
disclosures, including the names of entities and individuals receiving the information and
the general purpose of the disclosure. Prospective and current recipients of home visiting
services must be told and informed in writing that written consent for disclosure of data is
not required for access to home visiting services.

new text begin (f) Upon initial contact with a family, programs that receive funding under this
section must receive permission from the family to share with other family service
providers information about services the family is receiving and unmet needs of the family
in order to select a lead agency for the family and coordinate available resources. For
purposes of this paragraph, the term "family service providers" includes local public
health, social services, school districts, Head Start programs, health care providers, and
other public agencies.
new text end

Sec. 23.

Minnesota Statutes 2010, section 157.15, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Limited food establishment. new text end

new text begin "Limited food establishment" means a food
and beverage service establishment that primarily provides beverages that consist of
combining dry mixes and water or ice for immediate service to the consumer. Limited
food establishments must use equipment and utensils that are nontoxic, durable, and retain
their characteristic qualities under normal use conditions and may request a variance for
plumbing requirements from the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to applications for licensure submitted on or after that date.
new text end

Sec. 24.

Minnesota Statutes 2010, section 157.20, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Variance requests. new text end

new text begin (a) A person may request a variance from all parts of
Minnesota Rules, chapter 4626, except as provided in paragraph (b) or Minnesota Rules,
chapter 4626. At the time of application for plan review, the person, operator, or submitter
must be notified of the right to request variances.
new text end

new text begin (b) No variance may be requested or approved for the following parts of Minnesota
Rules, chapter 4626:
new text end

new text begin (1) Minnesota Rules, part 4626.0020, subpart 35;
new text end

new text begin (2) Minnesota Rules, parts 4626.0040 to 4626.0060;
new text end

new text begin (3) Minnesota Rules, parts 4626.0065 to 4626.0100;
new text end

new text begin (4) Minnesota Rules, parts 4626.0105 to 4626.0120;
new text end

new text begin (5) Minnesota Rules, part 4626.1565;
new text end

new text begin (6) Minnesota Rules, parts 4626.1590 and 4626.1595; and
new text end

new text begin (7) Minnesota Rules, parts 4626.1600 to 4626.1675.
new text end

Sec. 25.

Minnesota Statutes 2010, section 297F.10, subdivision 1, is amended to read:

Subdivision 1.

Tax and use tax on cigarettes.

Revenue received from cigarette
taxes, as well as related penalties, interest, license fees, and miscellaneous sources of
revenue shall be deposited by the commissioner in the state treasury and credited as
follows:

(1) $22,220,000 for fiscal year 2006 and $22,250,000 for fiscal year 2007 and each
year thereafter must be credited to the Academic Health Center special revenue fund
hereby created and is annually appropriated to the Board of Regents at the University of
Minnesota for Academic Health Center funding at the University of Minnesota; and

(2) deleted text begin $8,553,000 for fiscal year 2006 and deleted text end $8,550,000 for fiscal deleted text begin year deleted text end new text begin years new text end 2007 deleted text begin and
each year thereafter deleted text end new text begin through fiscal year 2011 and $3,937,000 each year thereafter new text end must be
credited to the medical education and research costs account hereby created in the special
revenue fund and is annually appropriated to the commissioner of health for distribution
under section 62J.692, subdivision 4; and

(3) the balance of the revenues derived from taxes, penalties, and interest (under
this chapter) and from license fees and miscellaneous sources of revenue shall be credited
to the general fund.

Sec. 26. new text begin EVALUATION OF HEALTH AND HUMAN SERVICES REGULATORY
RESPONSIBILITIES.
new text end

new text begin (a) The commissioner of health, in consultation with the commissioner of human
services, shall evaluate and recommend options for reorganizing health and human
services regulatory responsibilities in both agencies to provide better efficiency and
operational cost savings while maintaining the protection of the health, safety, and welfare
of the public. Regulatory responsibilities that are to be evaluated are those found in
Minnesota Statutes, chapters 62D, 62N, 62R, 62T, 144A, 144D, 144G, 146A, 146B,
149A, 153A, 245A, 245B, and 245C, and sections 62Q.19, 144.058, 144.0722, 144.50,
144.651, 148.511, 148.6401, 148.995, 256B.692, 626.556, and 626.557.
new text end

new text begin (b) The evaluation and recommendations shall be submitted in a report to the
legislative committees with jurisdiction over health and human services no later than
February 15, 2012, and shall include, at a minimum, the following:
new text end

new text begin (1) whether the regulatory responsibilities of each agency should be combined into
a separate agency;
new text end

new text begin (2) whether the regulatory responsibilities of each agency should be merged into
an existing agency;
new text end

new text begin (3) what cost savings would result by merging the activities regardless of where
they are located;
new text end

new text begin (4) what additional costs would result if the activities were merged;
new text end

new text begin (5) whether there are additional regulatory responsibilities in both agencies that
should be considered in any reorganization; and
new text end

new text begin (6) for each option recommended, projected cost and a timetable and identification
of the necessary steps and requirements for a successful transition period.
new text end

Sec. 27. new text begin MINNESOTA TASK FORCE ON PREMATURITY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota Task Force on Prematurity is
established to evaluate and make recommendations on methods for reducing prematurity
and improving premature infant health care in the state.
new text end

new text begin Subd. 2. new text end

new text begin Membership; meetings; staff. new text end

new text begin (a) The task force shall be composed of at
least the following members, who serve at the pleasure of their appointing authority:
new text end

new text begin (1) 15 representatives of the Minnesota Prematurity Coalition including, but not
limited to, health care providers who treat pregnant women or neonates, organizations
focused on preterm births, early childhood education and development professionals, and
families affected by prematurity;
new text end

new text begin (2) one representative appointed by the commissioner of human services;
new text end

new text begin (3) two representatives appointed by the commissioner of health;
new text end

new text begin (4) one representative appointed by the commissioner of education;
new text end

new text begin (5) two members of the house of representatives, one appointed by the speaker of
the house and one appointed by the minority leader; and
new text end

new text begin (6) two members of the senate, appointed according to the rules of the senate.
new text end

new text begin (b) Members of the task force serve without compensation or payment of expenses.
new text end

new text begin (c) The commissioner of health must convene the first meeting of the Minnesota
Task Force on Prematurity by July 31, 2011. The task force must continue to meet at
least quarterly. Staffing and technical assistance shall be provided by the Minnesota
Perinatal Coalition.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The task force must report the current state of prematurity in
Minnesota and develop recommendations on strategies for reducing prematurity and
improving premature infant health care in the state by considering the following:
new text end

new text begin (1) standards of care for premature infants born less than 37 weeks gestational age,
including recommendations to improve hospital discharge and follow-up care procedures;
new text end

new text begin (2) coordination of information among appropriate professional and advocacy
organizations on measures to improve health care for infants born prematurely;
new text end

new text begin (3) identification and centralization of available resources to improve access and
awareness for caregivers of premature infants;
new text end

new text begin (4) development and dissemination of evidence-based practices through networking
and educational opportunities;
new text end

new text begin (5) a review of relevant evidence-based research regarding the causes and effects of
premature births in Minnesota;
new text end

new text begin (6) a review of relevant evidence-based research regarding premature infant health
care, including methods for improving quality of and access to care for premature infants;
new text end

new text begin (7) a review of the potential improvements in health status related to the use of
health care homes to provide and coordinate pregnancy-related services; and
new text end

new text begin (8) identification of gaps in public reporting measures and possible effects of these
measures on prematurity rates.
new text end

new text begin Subd. 4. new text end

new text begin Report; expiration. new text end

new text begin (a) By November 30, 2011, the task force must submit
a report on the current state of prematurity in Minnesota to the chairs of the legislative
policy committees on health and human services.
new text end

new text begin (b) By January 15, 2013, the task force must report its final recommendations,
including any draft legislation necessary for implementation, to the chairs of the legislative
policy committees on health and human services.
new text end

new text begin (c) This task force expires on January 31, 2013, or upon submission of the final
report required in paragraph (b), whichever is earlier.
new text end

Sec. 28. new text begin NURSING HOME REGULATORY EFFICIENCY.
new text end

new text begin The commissioner of health must work with long-term care providers, provider
associations, and consumer advocates to clarify for the benefit of providers, survey
teams, and investigators from the office of health facility complaints all of the situations
that providers must report and are required to report to the department under federal
certification regulations and to the common entry point under the Minnesota Vulnerable
Adults Act. The commissioner must produce decision trees, flow sheets, or other
reproducible materials to guide the parties and to reduce the number of unnecessary
reports.
new text end

Sec. 29. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 62J.321, subdivision 5a; 62J.381; 62J.41,
subdivisions 1 and 2; and 144.1499, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 4651.0100, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
14, 15, 16, 16a, 18, 19, 20, 20a, 21, 22, and 23; 4651.0110, subparts 2, 2a, 3, 4, and 5;
4651.0120; 4651.0130; 4651.0140; and 4651.0150, new text end new text begin are repealed.
new text end

Sec. 30. new text begin EFFECTIVE DATE.
new text end

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

ARTICLE 3

MISCELLANEOUS

Section 1.

Minnesota Statutes 2010, section 245A.14, subdivision 4, is amended to
read:

Subd. 4.

Special family day care homes.

Nonresidential child care programs
serving 14 or fewer children that are conducted at a location other than the license holder's
own residence shall be licensed under this section and the rules governing family day
care or group family day care if:

(a) the license holder is the primary provider of care and the nonresidential child
care program is conducted in a dwelling that is located on a residential lot;

(b) the license holder is an employer who may or may not be the primary provider
of care, and the purpose for the child care program is to provide child care services to
children of the license holder's employees;

(c) the license holder is a church or religious organization;

(d) the license holder is a community collaborative child care provider. For
purposes of this subdivision, a community collaborative child care provider is a provider
participating in a cooperative agreement with a community action agency as defined in
section 256E.31; deleted text begin or
deleted text end

(e) the license holder is a not-for-profit agency that provides child care in a dwelling
located on a residential lot and the license holder maintains two or more contracts with
community employers or other community organizations to provide child care services.
The county licensing agency may grant a capacity variance to a license holder licensed
under this paragraph to exceed the licensed capacity of 14 children by no more than five
children during transition periods related to the work schedules of parents, if the license
holder meets the following requirements:

(1) the program does not exceed a capacity of 14 children more than a cumulative
total of four hours per day;

(2) the program meets a one to seven staff-to-child ratio during the variance period;

(3) all employees receive at least an extra four hours of training per year than
required in the rules governing family child care each year;

(4) the facility has square footage required per child under Minnesota Rules, part
9502.0425;

(5) the program is in compliance with local zoning regulations;

(6) the program is in compliance with the applicable fire code as follows:

(i) if the program serves more than five children older than 2-1/2 years of age,
but no more than five children 2-1/2 years of age or less, the applicable fire code is
educational occupancy, as provided in Group E Occupancy under the Minnesota State
Fire Code 2003, Section 202; or

(ii) if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
Code 2003, Section 202; and

(7) any age and capacity limitations required by the fire code inspection and square
footage determinations shall be printed on the license deleted text begin . deleted text end new text begin ; or
new text end

new text begin (f) the license holder is the primary provider of care and has located the licensed
child care program in a commercial space, if the license holder meets the following
requirements:
new text end

new text begin (1) the program is in compliance with local zoning regulations;
new text end

new text begin (2) the program is in compliance with the applicable fire code as follows:
new text end

new text begin (i) if the program serves more than five children older than 2-1/2 years of age,
but no more than five children 2-1/2 years of age or less, the applicable fire code is
educational occupancy, as provided in Group E Occupancy under the Minnesota State
Fire Code 2003, Section 202; or
new text end

new text begin (ii) if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 Occupancies, as provided under the Minnesota State Fire
Code 2003, Section 202;
new text end

new text begin (3) any age and capacity limitations required by the fire code inspection and square
footage determinations are printed on the license; and
new text end

new text begin (4) the license holder prominently displays the license issued by the commissioner
which contains the statement "This special family child care provider is not licensed as a
child care center."
new text end

Sec. 2.

Minnesota Statutes 2010, section 245C.03, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Children's therapeutic services and supports providers. new text end

new text begin The
commissioner shall conduct background studies according to this chapter when initiated
by a children's therapeutic services and supports provider under section 256B.0943.
new text end

Sec. 3.

Minnesota Statutes 2010, section 245C.10, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Children's therapeutic services and supports providers. new text end

new text begin The
commissioner shall recover the cost of background studies required under section
245C.03, subdivision 7, for the purposes of children's therapeutic services and supports
under section 256B.0943, through a fee of no more than $20 per study charged to
the license holder. The fees collected under this subdivision are appropriated to the
commissioner for the purpose of conducting background studies.
new text end

Sec. 4.

Minnesota Statutes 2010, section 256B.0943, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Background studies. new text end

new text begin The requirements for background studies under
this section may be met by a children's therapeutic services and supports services agency
through the commissioner's NETStudy system as provided under sections 245C.03,
subdivision 7, and 245C.10, subdivision 8.
new text end

Sec. 5.

Minnesota Statutes 2010, section 256B.14, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Spousal contribution. new text end

new text begin (a) For purposes of this subdivision, the following
terms have the meanings given:
new text end

new text begin (1) "commissioner" means the commissioner of human services;
new text end

new text begin (2) "community spouse" means the spouse, who lives in the community, of an
individual receiving long-term care services in a long-term care facility or home care
services pursuant to the Medicaid waiver for elderly services under section 256B.0915
or the alternative care program under section 256B.0913. A community spouse does not
include a spouse living in the community who receives a monthly income allowance under
section 256B.058, subdivision 2, or who receives home and community-based services
under section 256B.0915, 256B.092, or 256B.49, or the alternative care program under
section 256B.0913;
new text end

new text begin (3) "cost of care" means the actual fee-for-service costs or capitated payments for
the long-term care spouse;
new text end

new text begin (4) "department" means the Department of Human Services;
new text end

new text begin (5) "disabled child" means a blind or permanently and totally disabled son or
daughter of any age based on the Social Security Administration disability standards;
new text end

new text begin (6) "income" means earned and unearned income, attributable to the community
spouse, used to calculate the adjusted gross income on the prior year's income tax return.
Evidence of income includes, but is not limited to, W-2 and 1099 forms; and
new text end

new text begin (7) "long-term care spouse" means the spouse who is receiving long-term care
services in a long-term care facility or home and community based services pursuant
to the Medicaid waiver for elderly services under section 256B.0915 or the alternative
care program under section 256B.0913.
new text end

new text begin (b) The community spouse of a long-term care spouse who receives medical
assistance or alternative care services has an obligation to contribute to the cost of care.
The community spouse must pay a monthly fee on a sliding fee scale based on the
community spouse's income. If a minor or disabled child resides with and receives care
from the community spouse, then no fee shall be assessed.
new text end

new text begin (c) For a community spouse with an income equal to or greater than 250 percent of
the federal poverty guidelines for a family of two and less than 545 percent of the federal
poverty guidelines for a family of two, the spousal contribution shall be determined using
a sliding fee scale established by the commissioner that begins at 7.5 percent of the
community spouse's income and increases to 15 percent for those with an income of up to
545 percent of the federal poverty guidelines for a family of two.
new text end

new text begin (d) For a community spouse with an income equal to or greater than 545 percent of
the federal poverty guidelines for a family of two and less than 750 percent of the federal
poverty guidelines for a family of two, the spousal contribution shall be determined using
a sliding fee scale established by the commissioner that begins at 15 percent of the
community spouse's income and increases to 25 percent for those with an income of up to
750 percent of the federal poverty guidelines for a family of two.
new text end

new text begin (e) For a community spouse with an income equal to or greater than 750 percent of
the federal poverty guidelines for a family of two and less than 975 percent of the federal
poverty guidelines for a family of two, the spousal contribution shall be determined using
a sliding fee scale established by the commissioner that begins at 25 percent of the
community spouse's income and increases to 33 percent for those with an income of up to
975 percent of the federal poverty guidelines for a family of two.
new text end

new text begin (f) For a community spouse with an income equal to or greater than 975 percent of
the federal poverty guidelines for a family of two, the spousal contribution shall be 33
percent of the community spouse's income.
new text end

new text begin (g) The spousal contribution shall be explained in writing at the time eligibility
for medical assistance or alternative care is being determined. In addition to explaining
the formula used to determine the fee, the county or tribal agency shall provide written
information describing how to request a variance for undue hardship, how a contribution
may be reviewed or redetermined, the right to appeal a contribution determination, and
that the consequences for not complying with a request to provide information shall be
an assessment against the community spouse for the full cost of care for the long-term
care spouse.
new text end

new text begin (h) The contribution shall be assessed for each month the long-term care spouse
has a community spouse and is eligible for medical assistance payment of long-term
care services or alternative care.
new text end

new text begin (i) The spousal contribution shall be reviewed at least once every 12 months and
when there is a loss or gain in income in excess of ten percent. Thirty days prior to a
review or redetermination, written notice must be provided to the community spouse
and must contain the amount the spouse is required to contribute, notice of the right to
redetermination and appeal, and the telephone number of the division at the agency that is
responsible for redetermination and review. If, after review, the contribution amount is to
be adjusted, the county or tribal agency shall mail a written notice to the community spouse
30 days in advance of the effective date of the change in the amount of the contribution.
new text end

new text begin (1) The spouse shall notify the county or tribal agency within 30 days of a gain or
loss in income in excess of ten percent and provide the agency supporting documentation
to verify the need for redetermination of the fee.
new text end

new text begin (2) When a spouse requests a review or redetermination of the contribution amount,
a request for information shall be sent to the spouse within ten calendar days after the
county or tribal agency receives the request for review.
new text end

new text begin (3) No action shall be taken on a review or redetermination until the required
information is received by the county or tribal agency.
new text end

new text begin (4) The review of the spousal contribution shall be completed within ten days after
the county or tribal agency receives completed information that verifies a loss or gain in
income in excess of ten percent.
new text end

new text begin (5) An increase in the contribution amount is effective in the month in which the
increase in income occurs.
new text end

new text begin (6) A decrease in the contribution amount is effective in the month the spouse
verifies the reduction in income, retroactive to no longer than six months.
new text end

new text begin (j) In no case shall the spousal contribution exceed the amount of medical assistance
expended or the cost of alternative care services for the care of the long-term care spouse.
Annually, upon redetermination, or at termination of eligibility, the total amount of
medical assistance paid or costs of alternative care for the care of the long-term care spouse
and the total amount of the spousal contribution shall be compared. If the total amount
of the spousal contribution exceeds the total amount of medical assistance expended or
cost of alternative care, then the agency shall reimburse the community spouse the excess
amount if the long-term care spouse is no longer receiving services, or apply the excess
amount to the spousal contribution due until the excess amount is exhausted.
new text end

new text begin (k) A community spouse may request a variance by submitting a written request
and supporting documentation that payment of the calculated contribution would cause
an undue hardship. An undue hardship is defined as the inability to pay the calculated
contribution due to medical expenses incurred by the community spouse. Documentation
must include proof of medical expenses incurred by the community spouse since the last
annual redetermination of the contribution amount that are not reimbursable by any public
or private source, and are a type, regardless of amount, that would be allowable as a
federal tax deduction under the Internal Revenue Code.
new text end

new text begin (1) A spouse who requests a variance from a notice of an increase in the amount
of spousal contribution shall continue to make monthly payments at the lower amount
pending determination of the variance request. A spouse who requests a variance from
the initial determination shall not be required to make a payment pending determination
of the variance request. Payments made pending outcome of the variance request that
result in overpayment must be returned to the spouse, if the long-term care spouse is no
longer receiving services, or applied to the spousal contribution in the current year. If the
variance is denied, the spouse shall pay the additional amount due from the effective date
of the increase or the total amount due from the effective date of the original notice of
determination of the spousal contribution.
new text end

new text begin (2) A spouse who is granted a variance shall sign a written agreement in which the
spouse agrees to report to the county or tribal agency any changes in circumstances that
gave rise to the undue hardship variance.
new text end

new text begin (3) When the county or tribal agency receives a request for a variance, written notice
of a grant or denial of the variance shall be mailed to the spouse within 30 calendar days
after the county or tribal agency receives the financial information required in this clause.
The granting of a variance will necessitate a written agreement between the spouse and the
county or tribal agency with regard to the specific terms of the variance. The variance
will not become effective until the written agreement is signed by the spouse. If the
county or tribal agency denies in whole or in part the request for a variance, the denial
notice shall set forth in writing the reasons for the denial that address the specific hardship
and right to appeal.
new text end

new text begin (4) If a variance is granted, the term of the variance shall not exceed 12 months
unless otherwise determined by the county or tribal agency.
new text end

new text begin (5) Undue hardship does not include action taken by a spouse which divested or
diverted income in order to avoid being assessed a spousal contribution.
new text end

new text begin (l) A spouse aggrieved by an action under this subdivision has the right to appeal
under subdivision 4. If the spouse appeals on or before the effective date of an increase
in the spousal fee, the spouse shall continue to make payments to the county or tribal
agency in the lower amount while the appeal is pending. A spouse appealing an initial
determination of a spousal contribution shall not be required to make monthly payments
pending an appeal decision. Payments made that result in an overpayment shall be
reimbursed to the spouse if the long-term care spouse is no longer receiving services, or
applied to the spousal contribution remaining in the current year. If the county or tribal
agency's determination is affirmed, the community spouse shall pay within 90 calendar
days of the order the total amount due from the effective date of the original notice of
determination of the spousal contribution. The commissioner's order is binding on the
spouse and the agency and shall be implemented subject to section 256.045, subdivision 7.
No additional notice is required to enforce the commissioner's order.
new text end

new text begin (m) If the county or tribal agency finds that notice of the payment obligation was
given to the community spouse and the spouse was determined to be able to pay, but that
the spouse failed or refused to pay, a cause of action exists against the community spouse
for that portion of medical assistance payment of long-term care services or alternative
care services granted after notice was given to the community spouse. The action may be
brought by the county or tribal agency in the county where assistance was granted for the
assistance together with the costs of disbursements incurred due to the action. In addition
to granting the county or tribal agency a money judgment, the court may, upon a motion or
order to show cause, order continuing contributions by a community spouse found able to
repay the county or tribal agency. The order shall be effective only for the period of time
during which a contribution shall be assessed.
new text end

new text begin (n) Counties and tribes are entitled to one-half of the nonfederal share of
contributions made under this section for long-term care spouses on medical assistance
that are directly attributed to county or tribal efforts. Counties and tribes are entitled to
25 percent of the contributions made under this section for long-term care spouses on
alternative care directly attributed to county or tribal efforts.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 6. new text begin NONEMERGENCY MEDICAL TRANSPORTATION SINGLE
ADMINISTRATIVE STRUCTURE PROPOSAL.
new text end

new text begin (a) The commissioner of human services shall develop a proposal to create a single
administrative structure for providing nonemergency medical transportation services to
fee-for-service medical assistance recipients. This proposal must consolidate access and
special transportation into one administrative structure with the goal of standardizing
eligibility determination processes, scheduling arrangements, billing procedures, data
collection, and oversight mechanisms in order to enhance coordination, improve
accountability, and lessen confusion.
new text end

new text begin (b) In developing the proposal, the commissioner shall:
new text end

new text begin (1) examine the current responsibilities performed by the counties and the
Department of Human Services and consider the shift in costs if these responsibilities are
changed;
new text end

new text begin (2) identify key performance measures to assess the cost effectiveness of
nonemergency medical transportation statewide, including a process to collect, audit,
and report data;
new text end

new text begin (3) develop a statewide complaint system for medical assistance recipients using
special transportation;
new text end

new text begin (4) establish a standardized billing process;
new text end

new text begin (5) establish a process that provides public input from interested parties before
special transportation eligibility policies are implemented or significantly changed;
new text end

new text begin (6) establish specific eligibility criteria that include the frequency of eligibility
assessments and the length of time a recipient remains eligible for special transportation;
new text end

new text begin (7) develop a reimbursement method to compensate volunteers for no-load miles
when transporting recipients to or from health-related appointments; and
new text end

new text begin (8) establish specific eligibility criteria to maximize the use of public transportation
by recipients who are without a physical, mental, or other impairment that would prohibit
safely accessing and using public transportation.
new text end

new text begin (c) In developing the proposal, the commissioner shall consult with the
nonemergency medical transportation advisory council established under paragraph (d).
new text end

new text begin (d) The commissioner shall establish the nonemergency medical transportation
advisory council to assist the commissioner in developing a single administrative structure
for providing nonemergency medical transportation services. The council shall include,
but not be limited to:
new text end

new text begin (1) one representative each from the Departments of Human Services and
Transportation;
new text end

new text begin (2) one representative each from the following organizations: the Minnesota State
Council on Disability, the Minnesota Consortium for Citizens with Disabilities, ARC
of Minnesota, the Association of Minnesota Counties, the Metropolitan Inter-County
Association, the R-80 Medical Transportation Coalition, the Minnesota Paratransit
Association, legal aid, the Minnesota Ambulance Association, the National Alliance on
Mental Illness, Medical Transportation Management, and other transportation providers;
and
new text end

new text begin (3) four members from the house of representatives, two from the majority party
and two from the minority party, appointed by the speaker, and four members from the
senate, two from the majority party and two from the minority party, appointed by the
Subcommittee on Committees of the Committee on Rules and Administration.
new text end

new text begin The council is governed by Minnesota Statutes, section 15.509, except that members
shall not receive per diems. The commissioner of human services shall fund all costs
related to the council from existing resources.
new text end

new text begin (e) The commissioner shall submit the proposal and draft legislation necessary for
implementation to the chairs and ranking minority members of the senate and house of
representatives committees or divisions with jurisdiction over health care policy and
finance by January 15, 2012.
new text end

ARTICLE 4

DEPARTMENT OF HUMAN SERVICES LICENSING

Section 1.

Minnesota Statutes 2010, section 245A.10, subdivision 1, is amended to
read:

Subdivision 1.

Application or license fee required, programs exempt from fee.

(a) Unless exempt under paragraph (b), the commissioner shall charge a fee for evaluation
of applications and inspection of programs which are licensed under this chapter.

(b) Except as provided under subdivision 2, no application or license fee shall be
charged for child foster care, adult foster care, new text begin or new text end family and group family child care deleted text begin or
state-operated programs, unless the state-operated program is an intermediate care facility
for persons with developmental disabilities (ICF/MR) deleted text end .

Sec. 2.

Minnesota Statutes 2010, section 245A.10, subdivision 3, is amended to read:

Subd. 3.

Application fee for initial license or certification.

(a) For fees required
under subdivision 1, an applicant for an initial license or certification issued by the
commissioner shall submit a $500 application fee with each new application required
under this subdivision. The application fee shall not be prorated, is nonrefundable, and
is in lieu of the annual license or certification fee that expires on December 31. The
commissioner shall not process an application until the application fee is paid.

(b) Except as provided in clauses (1) to deleted text begin (3) deleted text end new text begin (4) new text end , an applicant shall apply for a license
to provide services at a specific location.

(1) For a license to provide residential-based habilitation services to persons with
developmental disabilities under chapter 245B, an applicant shall submit an application
for each county in which the services will be provided. Upon licensure, the license
holder may provide services to persons in that county plus no more than three persons
at any one time in each of up to ten additional counties. A license holder in one county
may not provide services under the home and community-based waiver for persons with
developmental disabilities to more than three people in a second county without holding
a separate license for that second county. Applicants or licensees providing services
under this clause to not more than three persons remain subject to the inspection fees
established in section 245A.10, subdivision 2, for each location. The license issued by
the commissioner must state the name of each additional county where services are being
provided to persons with developmental disabilities. A license holder must notify the
commissioner before making any changes that would alter the license information listed
under section 245A.04, subdivision 7, paragraph (a), including any additional counties
where persons with developmental disabilities are being served.

(2) For a license to provide supported employment, crisis respite, or
semi-independent living services to persons with developmental disabilities under chapter
245B, an applicant shall submit a single application to provide services statewide.

(3) For a license to provide independent living assistance for youth under section
245A.22, an applicant shall submit a single application to provide services statewide.

new text begin (4) For a license for a private agency to provide foster care or adoption services
under Minnesota Rules, parts 9545.0755 to 9545.0845, an applicant shall submit a single
application to provide services statewide.
new text end

Sec. 3.

Minnesota Statutes 2010, section 245A.10, subdivision 4, is amended to read:

Subd. 4.

License or certification fee for certain programs.

(a) Child care centers
deleted text begin and programs with a licensed capacity deleted text end shall pay an annual nonrefundable license deleted text begin or
certification deleted text end fee based on the following schedule:

	Licensed Capacity	Child Care Center License Fee		deleted text begin Other Program License Fee deleted text end
	1 to 24 persons	deleted text begin $225 deleted text end new text begin $200 new text end		deleted text begin $400 deleted text end
	25 to 49 persons	deleted text begin $340 deleted text end new text begin $300 new text end		deleted text begin $600 deleted text end
	50 to 74 persons	deleted text begin $450 deleted text end new text begin $400 new text end		deleted text begin $800 deleted text end
	75 to 99 persons	deleted text begin $565 deleted text end new text begin $500 new text end		deleted text begin $1,000 deleted text end
	100 to 124 persons	deleted text begin $675 deleted text end new text begin $600 new text end		deleted text begin $1,200 deleted text end
	125 to 149 persons	deleted text begin $900 deleted text end new text begin $700 new text end		deleted text begin $1,400 deleted text end
	150 to 174 persons	deleted text begin $1,050 deleted text end new text begin $800 new text end		deleted text begin $1,600 deleted text end
	175 to 199 persons	deleted text begin $1,200 deleted text end new text begin $900 new text end		deleted text begin $1,800 deleted text end
	200 to 224 persons	deleted text begin $1,350 deleted text end new text begin $1,000 new text end		deleted text begin $2,000 deleted text end
	225 or more persons	deleted text begin $1,500 deleted text end new text begin $1,100 new text end		deleted text begin $2,500 deleted text end

(b) A day training and habilitation program serving persons with developmental
disabilities or related conditions shall deleted text begin be assessed a deleted text end new text begin pay an annual nonrefundable new text end license
fee based on the new text begin following new text end schedule deleted text begin in paragraph (a) unless the license holder serves more
than 50 percent of the same persons at two or more locations in the community. deleted text end new text begin :
new text end

	new text begin Licensed Capacity new text end	new text begin License Fee new text end
	new text begin 1 to 24 persons new text end	new text begin $800 new text end
	new text begin 25 to 49 persons new text end	new text begin $1,000 new text end
	new text begin 50 to 74 persons new text end	new text begin $1,200 new text end
	new text begin 75 to 99 persons new text end	new text begin $1,400 new text end
	new text begin 100 to 124 persons new text end	new text begin $1,600 new text end
	new text begin 125 to 149 persons new text end	new text begin $1,800 new text end
	new text begin 150 or more persons new text end	new text begin $2,000 new text end

Except as provided in paragraph (c), when a day training and habilitation program
serves more than 50 percent of the same persons in two or more locations in a community,
the day training and habilitation program shall pay a license fee based on the licensed
capacity of the largest facility and the other facility or facilities shall be charged a license
fee based on a licensed capacity of a residential program serving one to 24 persons.

(c) When a day training and habilitation program serving persons with developmental
disabilities or related conditions seeks a single license allowed under section 245B.07,
subdivision 12, clause (2) or (3), the licensing fee must be based on the combined licensed
capacity for each location.

new text begin (d) A program licensed to provide supported employment services to persons
with developmental disabilities under chapter 245B shall pay an annual nonrefundable
license fee of $650.
new text end

new text begin (e) A program licensed to provide crisis respite services to persons with
developmental disabilities under chapter 245B shall pay an annual nonrefundable license
fee of $700.
new text end

new text begin (f) A program licensed to provide semi-independent living services to persons
with developmental disabilities under chapter 245B shall pay an annual nonrefundable
license fee of $700.
new text end

new text begin (g) A program licensed to provide residential-based habilitation services under the
home and community-based waiver for persons with developmental disabilities shall pay
an annual license fee that includes a base rate of $690 plus $60 times the number of clients
served on the first day of July of the current license year.
new text end

new text begin (h) A residential program certified by the Department of Health as an intermediate
care facility for persons with developmental disabilities (ICF/MR) and a noncertified
residential program licensed to provide health or rehabilitative services for persons
with developmental disabilities shall pay an annual nonrefundable license fee based on
the following schedule:
new text end

	new text begin Licensed Capacity new text end	new text begin License Fee new text end
	new text begin 1 to 24 persons new text end	new text begin $535 new text end
	new text begin 25 to 49 persons new text end	new text begin $735 new text end
	new text begin 50 or more persons new text end	new text begin $935 new text end

new text begin (i) A chemical dependency treatment program licensed under Minnesota Rules, parts
9530.6405 to 9530.6505, to provide chemical dependency treatment shall pay an annual
nonrefundable license fee based on the following schedule:
new text end

	new text begin Licensed Capacity new text end	new text begin License Fee new text end
	new text begin 1 to 24 persons new text end	new text begin $600 new text end
	new text begin 25 to 49 persons new text end	new text begin $800 new text end
	new text begin 50 to 74 persons new text end	new text begin $1,000 new text end
	new text begin 75 to 99 persons new text end	new text begin $1,200 new text end
	new text begin 100 or more persons new text end	new text begin $1,400 new text end

new text begin (j) A chemical dependency program licensed under Minnesota Rules, parts
9530.6510 to 9530.6590, to provide detoxification services shall pay an annual
nonrefundable license fee based on the following schedule:
new text end

	new text begin Licensed Capacity new text end	new text begin License Fee new text end
	new text begin 1 to 24 persons new text end	new text begin $760 new text end
	new text begin 25 to 49 persons new text end	new text begin $960 new text end
	new text begin 50 or more persons new text end	new text begin $1,160 new text end

new text begin (k) Except for child foster care, a residential facility licensed under Minnesota
Rules, chapter 2960, to serve children shall pay an annual nonrefundable license fee
based on the following schedule:
new text end

	new text begin Licensed Capacity new text end	new text begin License Fee new text end
	new text begin 1 to 24 persons new text end	new text begin $1,000 new text end
	new text begin 25 to 49 persons new text end	new text begin $1,100 new text end
	new text begin 50 to 74 persons new text end	new text begin $1,200 new text end
	new text begin 75 to 99 persons new text end	new text begin $1,300 new text end
	new text begin 100 or more persons new text end	new text begin $1,400 new text end

new text begin (l) A residential facility licensed under Minnesota Rules, parts 9520.0500 to
9520.0670, to serve persons with mental illness shall pay an annual nonrefundable license
fee based on the following schedule:
new text end

	new text begin Licensed Capacity new text end	new text begin License Fee new text end
	new text begin 1 to 24 persons new text end	new text begin $2,525 new text end
	new text begin 25 or more persons new text end	new text begin $2,725 new text end

new text begin (m) A residential facility licensed under Minnesota Rules, parts 9570.2000 to
9570.3400, to serve persons with physical disabilities shall pay an annual nonrefundable
license fee based on the following schedule:
new text end

	new text begin Licensed Capacity new text end	new text begin License Fee new text end
	new text begin 1 to 24 persons new text end	new text begin $450 new text end
	new text begin 25 to 49 persons new text end	new text begin $650 new text end
	new text begin 50 to 74 persons new text end	new text begin $850 new text end
	new text begin 75 to 99 persons new text end	new text begin $1,050 new text end
	new text begin 100 or more persons new text end	new text begin $1,250 new text end

new text begin (n) A program licensed to provide independent living assistance for youth under
section 245A.22 shall pay an annual nonrefundable license fee of $1,500.
new text end

new text begin (o) A private agency licensed to provide foster care and adoption services under
Minnesota Rules, parts 9545.0755 to 9545.0845, shall pay an annual nonrefundable
license fee of $875.
new text end

new text begin (p) A program licensed as an adult day care center licensed under Minnesota Rules,
parts 9555.9600 to 9555.9730, shall pay an annual nonrefundable license fee based on
the following schedule:
new text end

	new text begin Licensed Capacity new text end	new text begin License Fee new text end
	new text begin 1 to 24 persons new text end	new text begin $500 new text end
	new text begin 25 to 49 persons new text end	new text begin $700 new text end
	new text begin 50 to 74 persons new text end	new text begin $900 new text end
	new text begin 75 to 99 persons new text end	new text begin $1,100 new text end
	new text begin 100 or more persons new text end	new text begin $1,300 new text end

new text begin (q) A program licensed to provide treatment services to persons with sexual
psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts
9515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.
new text end

new text begin (r) A mental health center or mental health clinic requesting certification for
purposes of insurance and subscriber contract reimbursement under Minnesota Rules,
parts 9520.0750 to 9520.0870, shall pay a certification fee of $1,550 per year. If the
mental health center or mental health clinic provides services at a primary location with
satellite facilities, the satellite facilities shall be certified with the primary location without
an additional charge.
new text end

Sec. 4.

Minnesota Statutes 2010, section 245A.10, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Human services licensing fees to recover expenditures. new text end

new text begin Notwithstanding
section 16A.1285, subdivision 2, related to activities for which the commissioner charges
a fee, the commissioner must plan to fully recover direct expenditures for licensing
activities under this chapter over a five-year period. The commissioner may have
anticipated expenditures in excess of anticipated revenues in a biennium by using surplus
revenues accumulated in previous bienniums.
new text end

Sec. 5.

Minnesota Statutes 2010, section 245A.10, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Deposit of license fees. new text end

new text begin A human services licensing account is created in
the state government special revenue fund. Fees collected under subdivisions 3 and 4 must
be deposited in the human services licensing account and are annually appropriated to the
commissioner for licensing activities authorized under this chapter.
new text end

Sec. 6.

Minnesota Statutes 2010, section 245A.11, subdivision 2b, is amended to read:

Subd. 2b.

Adult foster care; family adult day services.

An adult foster care
license holder licensed under the conditions in subdivision 2a may also provide family
adult day care for adults deleted text begin age 55 deleted text end new text begin age 18 new text end or over deleted text begin if no persons in the adult foster or family
adult day services program have a serious and persistent mental illness or a developmental
disability deleted text end . Family adult day services provided in a licensed adult foster care setting must
be provided as specified under section 245A.143. Authorization to provide family adult
day services in the adult foster care setting shall be printed on the license certificate by
the commissioner. Adult foster care homes licensed under this section and family adult
day services licensed under section 245A.143 shall not be subject to licensure by the
commissioner of health under the provisions of chapter 144, 144A, 157, or any other
law requiring facility licensure by the commissioner of health. new text begin A separate license is not
required to provide family adult day services in a licensed adult foster care home.
new text end

Sec. 7.

Minnesota Statutes 2010, section 245A.143, subdivision 1, is amended to read:

Subdivision 1.

Scope.

(a) The licensing standards in this section must be met to
obtain and maintain a license to provide family adult day services. For the purposes of this
section, family adult day services means a program operating fewer than 24 hours per day
that provides functionally impaired adults deleted text begin , none of which are under age 55, have serious
or persistent mental illness, or have developmental disabilities, deleted text end new text begin age 18 or older new text end with an
individualized and coordinated set of services including health services, social services,
and nutritional services that are directed at maintaining or improving the participants'
capabilities for self-care.

(b) A family adult day services license shall only be issued when the services are
provided in the license holder's primary residence, and the license holder is the primary
provider of care. The license holder may not serve more than eight adults at one time,
including residents, if any, served under a license issued under Minnesota Rules, parts
9555.5105 to 9555.6265.

(c) An adult foster care license holder may provide family adult day services new text begin under
the license holder's adult foster care license new text end if the license holder meets the requirements
of this section.

deleted text begin (d) When an applicant or license holder submits an application for initial licensure
or relicensure for both adult foster care and family adult day services, the county agency
shall process the request as a single application and shall conduct concurrent routine
licensing inspections.
deleted text end

deleted text begin (e) Adult foster care license holders providing family adult day services under their
foster care license on March 30, 2004, shall be permitted to continue providing these
services with no additional requirements until their adult foster care license is due for
renewal. At the time of relicensure, an adult foster care license holder may continue to
provide family adult day services upon demonstration of compliance with this section.
Adult foster care license holders who provide only family adult day services on August 1,
2004, may apply for a license under this section instead of an adult foster care license.
deleted text end

Sec. 8.

Minnesota Statutes 2010, section 245C.10, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Human services licensed programs. new text end

new text begin The commissioner shall recover
the cost of background studies required under section 245C.03, subdivision 1, for all
programs that are licensed by the commissioner, except child foster care and family child
care, through a fee of no more than $20 per study charged to the license holder. The fees
collected under this subdivision are appropriated to the commissioner for the purpose of
conducting background studies.
new text end

Sec. 9.

Minnesota Statutes 2010, section 256B.49, subdivision 16a, is amended to read:

Subd. 16a.

Medical assistance reimbursement.

(a) The commissioner shall
seek federal approval for medical assistance reimbursement of independent living skills
services, foster care waiver service, supported employment, prevocational service, and
structured day service under the home and community-based waiver for persons with a
traumatic brain injury, the community alternatives for disabled individuals waivers, and
the community alternative care waivers.

(b) Medical reimbursement shall be made only when the provider demonstrates
evidence of its capacity to meet basic health, safety, and protection standards through
the following methods:

(1) for independent living skills services, supported employment, prevocational
service, and structured day service through one of the methods in paragraphs (c) and
(d); and

(2) for foster care waiver services through the method in paragraph (e).

(c) The provider is licensed to provide services under chapter 245B and agrees
to apply these standards to services funded through the traumatic brain injury,
community alternatives for disabled persons, or community alternative care home and
community-based waivers.

(d) The commissioner shall certify that the provider has policies and procedures
governing the following:

(1) protection of the consumer's rights and privacy;

(2) risk assessment and planning;

(3) record keeping and reporting of incidents and emergencies with documentation
of corrective action if needed;

(4) service outcomes, regular reviews of progress, and periodic reports;

(5) complaint and grievance procedures;

(6) service termination or suspension;

(7) necessary training and supervision of direct care staff that includes:

(i) documentation in personnel files of 20 hours of orientation training in providing
training related to service provision;

(ii) training in recognizing the symptoms and effects of certain disabilities, health
conditions, and positive behavioral supports and interventions;

(iii) a minimum of five hours of related training annually; and

(iv) when applicable:

(A) safe medication administration;

(B) proper handling of consumer funds; and

(C) compliance with prohibitions and standards developed by the commissioner to
satisfy federal requirements regarding the use of restraints and restrictive interventions.
The commissioner shall review at least biennially that each service provider's policies
and procedures governing basic health, safety, and protection of rights continue to meet
minimum standards.

(e) The commissioner shall seek federal approval for Medicaid reimbursement
of foster care services under the home and community-based waiver for persons with
a traumatic brain injury, the community alternatives for disabled individuals waiver,
and community alternative care waiver when the provider demonstrates evidence of
its capacity to meet basic health, safety, and protection standards. The commissioner
shall verify that the adult foster care provider is licensed under Minnesota Rules, parts
9555.5105 to 9555.6265; that the child foster care provider is licensed as a family foster
care or a foster care residence under Minnesota Rules, parts 2960.3000 to 2960.3340, and
certify that the provider has policies and procedures that govern:

(1) compliance with prohibitions and standards developed by the commissioner to
meet federal requirements regarding the use of restraints and restrictive interventions;

(2) documentation of service needs and outcomes, regular reviews of progress,
and periodic reports; and

(3) safe medication management and administration.

The commissioner shall review at least biennially that each service provider's policies and
procedures governing basic health, safety, and protection of rights standards continue to
meet minimum standards.

new text begin (f) The commissioner shall seek federal waiver approval for Medicaid reimbursement
of family adult day services under all disability waivers. After the waiver is granted, the
commissioner shall include family adult day services in the common services menu that
is currently under development.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 245A.10, subdivision 5, new text end new text begin is repealed.
new text end

ARTICLE 5

HEALTH-RELATED LICENSING

Section 1.

Minnesota Statutes 2010, section 148.07, subdivision 1, is amended to read:

Subdivision 1.

Renewal fees.

All persons practicing chiropractic within this state,
or licensed so to do, shall pay, on or before the date of expiration of their licenses, to the
Board of Chiropractic Examiners a renewal fee set deleted text begin by the board deleted text end new text begin in accordance with section
16A.1283 new text end , with a penalty deleted text begin set by the board deleted text end for each month or portion thereof for which a
license fee is in arrears and upon payment of the renewal and upon compliance with all the
rules of the board, shall be entitled to renewal of their license.

Sec. 2.

Minnesota Statutes 2010, section 148.108, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Animal chiropractic. new text end

new text begin (a) Animal chiropractic registration fee is $125.
new text end

new text begin (b) Animal chiropractic registration renewal fee is $75.
new text end

new text begin (c) Animal chiropractic inactive renewal fee is $25.
new text end

Sec. 3.

Minnesota Statutes 2010, section 148.191, subdivision 2, is amended to read:

Subd. 2.

Powers.

(a) The board is authorized to adopt and, from time to time, revise
rules not inconsistent with the law, as may be necessary to enable it to carry into effect the
provisions of sections 148.171 to 148.285. The board shall prescribe by rule curricula
and standards for schools and courses preparing persons for licensure under sections
148.171 to 148.285. It shall conduct or provide for surveys of such schools and courses
at such times as it may deem necessary. It shall approve such schools and courses as
meet the requirements of sections 148.171 to 148.285 and board rules. It shall examine,
license, and renew the license of duly qualified applicants. It shall hold examinations
at least once in each year at such time and place as it may determine. It shall by rule
adopt, evaluate, and periodically revise, as necessary, requirements for licensure and for
registration and renewal of registration as defined in section 148.231. It shall maintain a
record of all persons licensed by the board to practice professional or practical nursing and
all registered nurses who hold Minnesota licensure and registration and are certified as
advanced practice registered nurses. It shall cause the prosecution of all persons violating
sections 148.171 to 148.285 and have power to incur such necessary expense therefor.
It shall register public health nurses who meet educational and other requirements
established by the board by rule, including payment of a fee. deleted text begin Prior to the adoption of rules,
the board shall use the same procedures used by the Department of Health to certify public
health nurses. deleted text end It shall have power to issue subpoenas, and to compel the attendance of
witnesses and the production of all necessary documents and other evidentiary material.
Any board member may administer oaths to witnesses, or take their affirmation. It shall
keep a record of all its proceedings.

(b) The board shall have access to hospital, nursing home, and other medical records
of a patient cared for by a nurse under review. If the board does not have a written consent
from a patient permitting access to the patient's records, the nurse or facility shall delete
any data in the record that identifies the patient before providing it to the board. The board
shall have access to such other records as reasonably requested by the board to assist the
board in its investigation. Nothing herein may be construed to allow access to any records
protected by section 145.64. The board shall maintain any records obtained pursuant to
this paragraph as investigative data under chapter 13.

new text begin (c) The board may accept and expend grants or gifts of money or in-kind services
from a person, a public or private entity, or any other source for purposes consistent with
the board's role and within the scope of its statutory authority.
new text end

new text begin (d) The board may accept registration fees for meetings and conferences conducted
for the purposes of board activities that are within the scope of its authority.
new text end

Sec. 4.

Minnesota Statutes 2010, section 148.212, subdivision 1, is amended to read:

Subdivision 1.

Issuance.

Upon receipt of the applicable licensure or reregistration
fee and permit fee, and in accordance with rules of the board, the board may issue
a nonrenewable temporary permit to practice professional or practical nursing to an
applicant for licensure or reregistration who is not the subject of a pending investigation
or disciplinary action, nor disqualified for any other reason, under the following
circumstances:

(a) deleted text begin The applicant for licensure by examination under section 148.211, subdivision
1, has graduated from an approved nursing program within the 60 days preceding board
receipt of an affidavit of graduation or transcript and has been authorized by the board to
write the licensure examination for the first time in the United States. The permit holder
must practice professional or practical nursing under the direct supervision of a registered
nurse. The permit is valid from the date of issue until the date the board takes action on
the application or for 60 days whichever occurs first.
deleted text end

deleted text begin (b) deleted text end The applicant for licensure by endorsement under section 148.211, subdivision 2,
is currently licensed to practice professional or practical nursing in another state, territory,
or Canadian province. The permit is valid deleted text begin from submission of a proper request deleted text end until the
date of board action on the application new text begin or for 60 days, whichever comes first new text end .

deleted text begin (c) deleted text end new text begin (b) new text end The applicant for licensure by endorsement under section 148.211,
subdivision 2, or for reregistration under section 148.231, subdivision 5, is currently
registered in a formal, structured refresher course or its equivalent for nurses that includes
clinical practice.

deleted text begin (d) The applicant for licensure by examination under section 148.211, subdivision
1, who graduated from a nursing program in a country other than the United States or
Canada has completed all requirements for licensure except registering for and taking the
nurse licensure examination for the first time in the United States. The permit holder must
practice professional nursing under the direct supervision of a registered nurse. The permit
is valid from the date of issue until the date the board takes action on the application or for
60 days, whichever occurs first.
deleted text end

Sec. 5.

Minnesota Statutes 2010, section 148.231, is amended to read:

148.231 REGISTRATION; FAILURE TO REGISTER; REREGISTRATION;
VERIFICATION.

Subdivision 1.

Registration.

Every person licensed to practice professional or
practical nursing must maintain with the board a current registration for practice as a
registered nurse or licensed practical nurse which must be renewed at regular intervals
established by the board by rule. No deleted text begin certificate of deleted text end registration shall be issued by the board
to a nurse until the nurse has submitted satisfactory evidence of compliance with the
procedures and minimum requirements established by the board.

The fee for periodic registration for practice as a nurse shall be determined by the
board by deleted text begin rule deleted text end new text begin law new text end . deleted text begin A penalty fee shall be added for any application received after the
required date as specified by the board by rule. deleted text end Upon receipt of the application and the
required fees, the board shall verify the application and the evidence of completion of
continuing education requirements in effect, and thereupon issue to the nurse deleted text begin a certificate
of deleted text end registration for the next renewal period.

Subd. 4.

Failure to register.

Any person licensed under the provisions of sections
148.171 to 148.285 who fails to register within the required period shall not be entitled to
practice nursing in this state as a registered nurse or licensed practical nurse.

Subd. 5.

Reregistration.

A person whose registration has lapsed desiring to
resume practice shall make application for reregistration, submit satisfactory evidence of
compliance with the procedures and requirements established by the board, and pay the
deleted text begin registration deleted text end new text begin reregistration new text end fee for the current period to the board. A penalty fee shall be
required from a person who practiced nursing without current registration. Thereupon, deleted text begin the deleted text end
registration deleted text begin certificate deleted text end shall be issued to the person who shall immediately be placed on
the practicing list as a registered nurse or licensed practical nurse.

Subd. 6.

Verification.

A person licensed under the provisions of sections 148.171 to
148.285 who requests the board to verify a Minnesota license to another state, territory,
or country or to an agency, facility, school, or institution shall pay a fee deleted text begin to the board deleted text end
for each verification.

Sec. 6.

new text begin [148.242] FEES.
new text end

new text begin The fees specified in section 148.243 are nonrefundable and must be deposited in
the state government special revenue fund.
new text end

Sec. 7.

new text begin [148.243] FEE AMOUNTS.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure by examination. new text end

new text begin The fee for licensure by examination is
$105.
new text end

new text begin Subd. 2. new text end

new text begin Reexamination fee. new text end

new text begin The reexamination fee is $60.
new text end

new text begin Subd. 3. new text end

new text begin Licensure by endorsement. new text end

new text begin The fee for licensure by endorsement is $105.
new text end

new text begin Subd. 4. new text end

new text begin Registration renewal. new text end

new text begin The fee for registration renewal is $85.
new text end

new text begin Subd. 5. new text end

new text begin Reregistration. new text end

new text begin The fee for reregistration is $105.
new text end

new text begin Subd. 6. new text end

new text begin Replacement license. new text end

new text begin The fee for a replacement license is $20.
new text end

new text begin Subd. 7. new text end

new text begin Public health nurse certification. new text end

new text begin The fee for public health nurse
certification is $30.
new text end

new text begin Subd. 8. new text end

new text begin Drug Enforcement Administration verification for Advanced Practice
Registered Nurse (APRN). new text end

new text begin The Drug Enforcement Administration verification for
APRN is $50.
new text end

new text begin Subd. 9. new text end

new text begin Licensure verification other than through Nursys. new text end

new text begin The fee for
verification of licensure status other than through Nursys verification is $20.
new text end

new text begin Subd. 10. new text end

new text begin Verification of examination scores. new text end

new text begin The fee for verification of
examination scores is $20.
new text end

new text begin Subd. 11. new text end

new text begin Microfilmed licensure application materials. new text end

new text begin The fee for a copy of
microfilmed licensure application materials is $20.
new text end

new text begin Subd. 12. new text end

new text begin Nursing business registration; initial application. new text end

new text begin The fee for the initial
application for nursing business registration is $100.
new text end

new text begin Subd. 13. new text end

new text begin Nursing business registration; annual application. new text end

new text begin The fee for the
annual application for nursing business registration is $25.
new text end

new text begin Subd. 14. new text end

new text begin Practicing without current registration. new text end

new text begin The fee for practicing without
current registration is two times the amount of the current registration renewal fee for any
part of the first calendar month, plus the current registration renewal fee for any part of
any subsequent month up to 24 months.
new text end

new text begin Subd. 15. new text end

new text begin Practicing without current APRN certification. new text end

new text begin The fee for practicing
without current APRN certification is $200 for the first month or any part thereof, plus
$100 for each subsequent month or part thereof.
new text end

new text begin Subd. 16. new text end

new text begin Dishonored check fee. new text end

new text begin The service fee for a dishonored check is as
provided in section 604.113.
new text end

new text begin Subd. 17. new text end

new text begin Border state registry fee. new text end

new text begin The initial application fee for border state
registration is $50. Any subsequent notice of employment change to remain or be
reinstated on the registry is $50.
new text end

Sec. 8.

Minnesota Statutes 2010, section 148B.17, is amended to read:

148B.17 FEES.

new text begin Subdivision. 1. new text end

new text begin Fees; Board of Marriage and Family Therapy. new text end

deleted text begin Each board shall
by rule establish deleted text end new text begin The board's new text end fees, including late fees, for licenses and renewals new text begin are
established new text end so that the total fees collected by the board will as closely as possible equal
anticipated expenditures during the fiscal biennium, as provided in section 16A.1285.
Fees must be credited to deleted text begin accounts deleted text end new text begin the board's account new text end in the new text begin state government new text end special
revenue fund.

new text begin Subd. 2. new text end

new text begin Licensure and application fees. new text end

new text begin Nonrefundable licensure and application
fees charged by the board are as follows:
new text end

new text begin (1) application fee for national examination is $220;
new text end

new text begin (2) application fee for Licensed Marriage and Family Therapist (LMFT) state
examination is $110;
new text end

new text begin (3) initial LMFT license fee is prorated, but cannot exceed $125;
new text end

new text begin (4) annual renewal fee for LMFT license is $125;
new text end

new text begin (5) late fee for initial Licensed Associate Marriage and Family Therapist LAMFT
license renewal is $50;
new text end

new text begin (6) application fee for LMFT licensure by reciprocity is $340;
new text end

new text begin (7) fee for initial Licensed Associate Marriage and Family Therapist (LAMFT)
license is $75;
new text end

new text begin (8) annual renewal fee for LAMFT license is $75;
new text end

new text begin (9) late fee for LAMFT renewal is $50;
new text end

new text begin (10) fee for reinstatement of license is $150; and
new text end

new text begin (11) fee for emeritus status is $125.
new text end

new text begin Subd. 3. new text end

new text begin Other fees. new text end

new text begin Other fees charged by the board are as follows:
new text end

new text begin (1) sponsor application fee for approval of a continuing education course is $60;
new text end

new text begin (2) fee for license verification by mail is $10;
new text end

new text begin (3) duplicate license fee is $25;
new text end

new text begin (4) duplicate renewal card fee is $10;
new text end

new text begin (5) fee for licensee mailing list is $60;
new text end

new text begin (6) fee for a rule book is $10; and
new text end

new text begin (7) fees as authorized by section 148B.175, subdivision 6, clause (7).
new text end

Sec. 9.

Minnesota Statutes 2010, section 148B.33, subdivision 2, is amended to read:

Subd. 2.

Fee.

Each applicant shall pay a nonrefundable application fee deleted text begin set by
the board deleted text end new text begin under section 148B.17 new text end .

Sec. 10.

Minnesota Statutes 2010, section 148B.52, is amended to read:

148B.52 DUTIES OF THE BOARD.

(a) The Board of Behavioral Health and Therapy shall:

(1) establish by rule appropriate techniques, including examinations and other
methods, for determining whether applicants and licensees are qualified under sections
148B.50 to 148B.593;

(2) establish by rule standards for professional conduct, including adoption of a
Code of Professional Ethics and requirements for continuing education and supervision;

(3) issue licenses to individuals qualified under sections 148B.50 to 148B.593;

(4) establish by rule standards for initial education including coursework for
licensure and content of professional education;

(5) establish, maintain, and publish annually a register of current licensees and
approved supervisors;

(6) establish initial and renewal application and examination fees sufficient to cover
operating expenses of the board and its agents new text begin in accordance with section 16A.1283 new text end ;

(7) educate the public about the existence and content of the laws and rules for
licensed professional counselors to enable consumers to file complaints against licensees
who may have violated the rules; and

(8) periodically evaluate its rules in order to refine the standards for licensing
professional counselors and to improve the methods used to enforce the board's standards.

(b) The board may appoint a professional discipline committee for each occupational
licensure regulated by the board, and may appoint a board member as chair. The
professional discipline committee shall consist of five members representative of the
licensed occupation and shall provide recommendations to the board with regard to rule
techniques, standards, procedures, and related issues specific to the licensed occupation.

Sec. 11.

Minnesota Statutes 2010, section 150A.091, subdivision 2, is amended to read:

Subd. 2.

Application fees.

Each applicant shall submit with a license new text begin , advanced
dental therapist certificate, new text end or permit application a nonrefundable fee in the following
amounts in order to administratively process an application:

(1) dentist, $140;

new text begin (2) full faculty dentist, $140;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end limited faculty dentist, $140;

deleted text begin (3) deleted text end new text begin (4) new text end resident dentist new text begin or dental provider new text end , $55;

new text begin (5) advanced dental therapist, $100;
new text end

deleted text begin (4) deleted text end new text begin (6) new text end dental therapist, $100;

deleted text begin (5) deleted text end new text begin (7) new text end dental hygienist, $55;

deleted text begin (6) deleted text end new text begin (8) new text end licensed dental assistant, $55; and

deleted text begin (7) deleted text end new text begin (9) new text end dental assistant with a permit as described in Minnesota Rules, part
3100.8500, subpart 3, $15.

Sec. 12.

Minnesota Statutes 2010, section 150A.091, subdivision 3, is amended to read:

Subd. 3.

Initial license or permit fees.

Along with the application fee, each of the
following applicants shall submit a separate prorated initial license or permit fee. The
prorated initial fee shall be established by the board based on the number of months of the
applicant's initial term as described in Minnesota Rules, part 3100.1700, subpart 1a, not to
exceed the following monthly fee amounts:

(1) dentist new text begin or full faculty dentist new text end , $14 times the number of months of the initial term;

(2) dental therapist, $10 times the number of months of the initial term;

(3) dental hygienist, $5 times the number of months of the initial term;

(4) licensed dental assistant, $3 times the number of months of the initial term; and

(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500,
subpart 3, $1 times the number of months of the initial term.

Sec. 13.

Minnesota Statutes 2010, section 150A.091, subdivision 4, is amended to read:

Subd. 4.

Annual license fees.

Each limited faculty or resident dentist shall submit
with an annual license renewal application a fee established by the board not to exceed
the following amounts:

(1) limited faculty dentist, $168; and

(2) resident dentist new text begin or dental provider new text end , $59.

Sec. 14.

Minnesota Statutes 2010, section 150A.091, subdivision 5, is amended to read:

Subd. 5.

Biennial license or permit fees.

Each of the following applicants shall
submit with a biennial license or permit renewal application a fee as established by the
board, not to exceed the following amounts:

(1) dentist new text begin or full faculty dentist new text end , $336;

(2) dental therapist, $180;

(3) dental hygienist, $118;

(4) licensed dental assistant, $80; and

(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500,
subpart 3, $24.

Sec. 15.

Minnesota Statutes 2010, section 150A.091, subdivision 8, is amended to read:

Subd. 8.

Duplicate license or certificate fee.

Each applicant shall submit, with
a request for issuance of a duplicate of the original license, or of an annual or biennial
renewal certificate for a license or permit, a fee in the following amounts:

(1) original dentist, new text begin full faculty dentist, new text end dental therapist, dental hygiene, or dental
assistant license, $35; and

(2) annual or biennial renewal certificates, $10.

Sec. 16.

Minnesota Statutes 2010, section 150A.091, is amended by adding a
subdivision to read:

new text begin Subd. 16. new text end

new text begin Failure of professional development portfolio audit. new text end

new text begin A licensee shall
submit a fee as established by the board not to exceed the amount of $250 after failing
two consecutive professional development portfolio audits and, thereafter, for each failed
professional development portfolio audit under Minnesota Rules, part 3100.5300.
new text end

Sec. 17.

new text begin [151.065] FEE AMOUNTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application fees. new text end

new text begin Application fees for licensure and registration
are as follows:
new text end

new text begin (1) pharmacist licensed by examination, $130;
new text end

new text begin (2) pharmacist licensed by reciprocity, $225;
new text end

new text begin (3) pharmacy intern, $30;
new text end

new text begin (4) pharmacy technician, $30;
new text end

new text begin (5) pharmacy, $190;
new text end

new text begin (6) drug wholesaler, legend drugs only, $200;
new text end

new text begin (7) drug wholesaler, legend and nonlegend drugs, $200;
new text end

new text begin (8) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, $175;
new text end

new text begin (9) drug wholesaler, medical gases, $150;
new text end

new text begin (10) drug wholesaler, also licensed as a pharmacy in Minnesota, $125;
new text end

new text begin (11) drug manufacturer, legend drugs only, $200;
new text end

new text begin (12) drug manufacturer, legend and nonlegend drugs, $200;
new text end

new text begin (13) drug manufacturer, nonlegend or veterinary legend drugs, $175;
new text end

new text begin (14) drug manufacturer, medical gases, $150;
new text end

new text begin (15) drug manufacturer, also licensed as a pharmacy in Minnesota, $125;
new text end

new text begin (16) medical gas distributor, $75;
new text end

new text begin (17) controlled substance researcher, $50; and
new text end

new text begin (18) pharmacy professional corporation, $100.
new text end

new text begin Subd. 2. new text end

new text begin Original license fee. new text end

new text begin The pharmacist original licensure fee, $130.
new text end

new text begin Subd. 3. new text end

new text begin Annual renewal fees. new text end

new text begin Annual licensure and registration renewal fees
are as follows:
new text end

new text begin (1) pharmacist, $130;
new text end

new text begin (2) pharmacy technician, $30;
new text end

new text begin (3) pharmacy, $190;
new text end

new text begin (4) drug wholesaler, legend drugs only, $200;
new text end

new text begin (5) drug wholesaler, legend and nonlegend drugs, $200;
new text end

new text begin (6) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, $175;
new text end

new text begin (7) drug wholesaler, medical gases, $150;
new text end

new text begin (8) drug wholesaler, also licensed as a pharmacy in Minnesota, $125;
new text end

new text begin (9) drug manufacturer, legend drugs only, $200;
new text end

new text begin (10) drug manufacturer, legend and nonlegend drugs, $200;
new text end

new text begin (11) drug manufacturer, nonlegend, veterinary legend drugs, or both, $175;
new text end

new text begin (12) drug manufacturer, medical gases, $150;
new text end

new text begin (13) drug manufacturer, also licensed as a pharmacy in Minnesota, $125;
new text end

new text begin (14) medical gas distributor, $75;
new text end

new text begin (15) controlled substance researcher, $50; and
new text end

new text begin (16) pharmacy professional corporation, $45.
new text end

new text begin Subd. 4. new text end

new text begin Miscellaneous fees. new text end

new text begin Fees for issuance of affidavits and duplicate licenses
and certificates are as follows:
new text end

new text begin (1) intern affidavit, $15;
new text end

new text begin (2) duplicate small license, $15; and
new text end

new text begin (3) duplicate large certificate, $25.
new text end

new text begin Subd. 5. new text end

new text begin Late fees. new text end

new text begin All annual renewal fees are subject to a 50 percent late fee if
the renewal fee and application are not received by the board prior to the date specified
by the board.
new text end

new text begin Subd. 6. new text end

new text begin Reinstatement fees. new text end

new text begin (a) A pharmacist who has allowed the pharmacist's
license to lapse may reinstate the license with board approval and upon payment of any
fees and late fees in arrears, up to a maximum of $1,000.
new text end

new text begin (b) A pharmacy technician who has allowed the technician's registration to lapse
may reinstate the registration with board approval and upon payment of any fees and late
fees in arrears, up to a maximum of $90.
new text end

new text begin (c) An owner of a pharmacy, a drug wholesaler, a drug manufacturer, or a medical
gas distributor who has allowed the license of the establishment to lapse may reinstate the
license with board approval and upon payment of any fees and late fees in arrears.
new text end

new text begin (d) A controlled substance researcher who has allowed the researcher's registration
to lapse may reinstate the registration with board approval and upon payment of any fees
and late fees in arrears.
new text end

new text begin (e) A pharmacist owner of a professional corporation who has allowed the
corporation's registration to lapse may reinstate the registration with board approval and
upon payment of any fees and late fees in arrears.
new text end

Sec. 18.

Minnesota Statutes 2010, section 151.07, is amended to read:

151.07 MEETINGS; EXAMINATION FEE.

The board shall meet at times as may be necessary and as it may determine to
examine applicants for licensure and to transact its other business, giving reasonable
notice of all examinations by mail to known applicants therefor. The secretary shall record
the names of all persons licensed by the board, together with the grounds upon which
the right of each to licensure was claimed. The fee for examination shall be in deleted text begin such deleted text end new text begin the
new text end amount deleted text begin as the board may determine deleted text end new text begin specified in section 151.065 new text end , which fee may in the
discretion of the board be returned to applicants not taking the examination.

Sec. 19.

Minnesota Statutes 2010, section 151.101, is amended to read:

151.101 INTERNSHIP.

new text begin Upon payment of the fee specified in section 151.065, new text end the board may deleted text begin license deleted text end new text begin register new text end
as an intern any natural persons who have satisfied the board that they are of good moral
character, not physically or mentally unfit, and who have successfully completed the
educational requirements for intern deleted text begin licensure deleted text end new text begin registration new text end prescribed by the board. The
board shall prescribe standards and requirements for interns, pharmacist-preceptors, and
internship training but may not require more than one year of such training.

The board in its discretion may accept internship experience obtained in another
state provided the internship requirements in such other state are in the opinion of the
board equivalent to those herein provided.

Sec. 20.

Minnesota Statutes 2010, section 151.102, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Registration fee. new text end

new text begin The board shall not register an individual as a pharmacy
technician unless all applicable fees specified in section 151.065 have been paid.
new text end

Sec. 21.

Minnesota Statutes 2010, section 151.12, is amended to read:

151.12 RECIPROCITY; LICENSURE.

The board may in its discretion grant licensure without examination to any
pharmacist licensed by the Board of Pharmacy or a similar board of another state which
accords similar recognition to licensees of this state; provided, the requirements for
licensure in such other state are in the opinion of the board equivalent to those herein
provided. The fee for licensure shall be in deleted text begin such deleted text end new text begin the new text end amount deleted text begin as the board may determine by
rule deleted text end new text begin specified in section 151.065 new text end .

Sec. 22.

Minnesota Statutes 2010, section 151.13, subdivision 1, is amended to read:

Subdivision 1.

Renewal fee.

Every person licensed by the board new text begin as a pharmacist
new text end shall pay to the board deleted text begin a deleted text end new text begin the annual new text end renewal fee deleted text begin to be fixed by it deleted text end new text begin specified in section
151.065 new text end . The board may deleted text begin promulgate by rule a deleted text end charge deleted text begin to be assessed for the delinquent
payment of a fee. deleted text end new text begin the late fee specified in section 151.065 if the renewal fee and
application are not received by the board prior to the date specified by the board. new text end It shall
be unlawful for any person licensed as a pharmacist who refuses or fails to pay deleted text begin such deleted text end new text begin any
applicable new text end renewal new text begin or late new text end fee to practice pharmacy in this state. Every certificate and
license shall expire at the time therein prescribed.

Sec. 23.

Minnesota Statutes 2010, section 151.19, is amended to read:

151.19 REGISTRATION; FEES.

Subdivision 1.

Pharmacy registration.

The board shall require and provide for the
annual registration of every pharmacy now or hereafter doing business within this state.
Upon the payment of deleted text begin a deleted text end new text begin any applicable new text end fee deleted text begin to be set by the board deleted text end new text begin specified in section
151.065 new text end , the board shall issue a registration certificate in such form as it may prescribe to
such persons as may be qualified by law to conduct a pharmacy. Such certificate shall be
displayed in a conspicuous place in the pharmacy for which it is issued and expire on the
30th day of June following the date of issue. It shall be unlawful for any person to conduct
a pharmacy unless such certificate has been issued to the person by the board.

Subd. 2.

Nonresident pharmacies.

The board shall require and provide for an
annual nonresident special pharmacy registration for all pharmacies located outside of this
state that regularly dispense medications for Minnesota residents and mail, ship, or deliver
prescription medications into this state. Nonresident special pharmacy registration shall
be granted by the board upon new text begin payment of any applicable fee specified in section 151.065
and new text end the disclosure and certification by a pharmacy:

(1) that it is licensed in the state in which the dispensing facility is located and from
which the drugs are dispensed;

(2) the location, names, and titles of all principal corporate officers and all
pharmacists who are dispensing drugs to residents of this state;

(3) that it complies with all lawful directions and requests for information from
the Board of Pharmacy of all states in which it is licensed or registered, except that it
shall respond directly to all communications from the board concerning emergency
circumstances arising from the dispensing of drugs to residents of this state;

(4) that it maintains its records of drugs dispensed to residents of this state so that the
records are readily retrievable from the records of other drugs dispensed;

(5) that it cooperates with the board in providing information to the Board of
Pharmacy of the state in which it is licensed concerning matters related to the dispensing
of drugs to residents of this state;

(6) that during its regular hours of operation, but not less than six days per week, for
a minimum of 40 hours per week, a toll-free telephone service is provided to facilitate
communication between patients in this state and a pharmacist at the pharmacy who has
access to the patients' records; the toll-free number must be disclosed on the label affixed
to each container of drugs dispensed to residents of this state; and

(7) that, upon request of a resident of a long-term care facility located within the
state of Minnesota, the resident's authorized representative, or a contract pharmacy or
licensed health care facility acting on behalf of the resident, the pharmacy will dispense
medications prescribed for the resident in unit-dose packaging or, alternatively, comply
with the provisions of section 151.415, subdivision 5.

Subd. 3.

Sale of federally restricted medical gases.

The board shall require and
provide for the annual registration of every person or establishment not licensed as a
pharmacy or a practitioner engaged in the retail sale or distribution of federally restricted
medical gases. Upon the payment of deleted text begin a deleted text end new text begin any applicable new text end fee deleted text begin to be set by the board deleted text end new text begin specified
in section 151.065 new text end , the board shall issue a registration certificate in such form as it may
prescribe to those persons or places that may be qualified to sell or distribute federally
restricted medical gases. The certificate shall be displayed in a conspicuous place in the
business for which it is issued and expire on the date set by the board. It is unlawful for
a person to sell or distribute federally restricted medical gases unless a certificate has
been issued to that person by the board.

Sec. 24.

Minnesota Statutes 2010, section 151.25, is amended to read:

151.25 REGISTRATION OF MANUFACTURERS; FEE; PROHIBITIONS.

The board shall require and provide for the annual registration of every person
engaged in manufacturing drugs, medicines, chemicals, or poisons for medicinal purposes,
now or hereafter doing business with accounts in this state. Upon a payment of deleted text begin a deleted text end new text begin any
applicable new text end fee deleted text begin as set by the board deleted text end new text begin specified in section 151.065 new text end , the board shall issue a
registration certificate in such form as it may prescribe to such manufacturer. Such
registration certificate shall be displayed in a conspicuous place in such manufacturer's
or wholesaler's place of business for which it is issued and expire on the date set by the
board. It shall be unlawful for any person to manufacture drugs, medicines, chemicals,
or poisons for medicinal purposes unless such a certificate has been issued to the person
by the board. It shall be unlawful for any person engaged in the manufacture of drugs,
medicines, chemicals, or poisons for medicinal purposes, or the person's agent, to sell
legend drugs to other than a pharmacy, except as provided in this chapter.

Sec. 25.

Minnesota Statutes 2010, section 151.47, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

All wholesale drug distributors are subject to the
requirements in paragraphs (a) to (f).

(a) No person or distribution outlet shall act as a wholesale drug distributor without
first obtaining a license from the board and paying deleted text begin the required deleted text end new text begin any applicable new text end fee new text begin
specified in section 151.065 new text end .

(b) No license shall be issued or renewed for a wholesale drug distributor to operate
unless the applicant agrees to operate in a manner prescribed by federal and state law and
according to the rules adopted by the board.

(c) The board may require a separate license for each facility directly or indirectly
owned or operated by the same business entity within the state, or for a parent entity
with divisions, subsidiaries, or affiliate companies within the state, when operations
are conducted at more than one location and joint ownership and control exists among
all the entities.

(d) As a condition for receiving and retaining a wholesale drug distributor license
issued under sections 151.42 to 151.51, an applicant shall satisfy the board that it has
and will continuously maintain:

(1) adequate storage conditions and facilities;

(2) minimum liability and other insurance as may be required under any applicable
federal or state law;

(3) a viable security system that includes an after hours central alarm, or comparable
entry detection capability; restricted access to the premises; comprehensive employment
applicant screening; and safeguards against all forms of employee theft;

(4) a system of records describing all wholesale drug distributor activities set forth
in section 151.44 for at least the most recent two-year period, which shall be reasonably
accessible as defined by board regulations in any inspection authorized by the board;

(5) principals and persons, including officers, directors, primary shareholders,
and key management executives, who must at all times demonstrate and maintain their
capability of conducting business in conformity with sound financial practices as well
as state and federal law;

(6) complete, updated information, to be provided to the board as a condition for
obtaining and retaining a license, about each wholesale drug distributor to be licensed,
including all pertinent corporate licensee information, if applicable, or other ownership,
principal, key personnel, and facilities information found to be necessary by the board;

(7) written policies and procedures that assure reasonable wholesale drug distributor
preparation for, protection against, and handling of any facility security or operation
problems, including, but not limited to, those caused by natural disaster or government
emergency, inventory inaccuracies or product shipping and receiving, outdated product
or other unauthorized product control, appropriate disposition of returned goods, and
product recalls;

(8) sufficient inspection procedures for all incoming and outgoing product
shipments; and

(9) operations in compliance with all federal requirements applicable to wholesale
drug distribution.

(e) An agent or employee of any licensed wholesale drug distributor need not seek
licensure under this section.

(f) A wholesale drug distributor shall file with the board an annual report, in a
form and on the date prescribed by the board, identifying all payments, honoraria,
reimbursement or other compensation authorized under section 151.461, clauses (3) to
(5), paid to practitioners in Minnesota during the preceding calendar year. The report
shall identify the nature and value of any payments totaling $100 or more, to a particular
practitioner during the year, and shall identify the practitioner. Reports filed under this
provision are public data.

Sec. 26.

Minnesota Statutes 2010, section 151.48, is amended to read:

151.48 OUT-OF-STATE WHOLESALE DRUG DISTRIBUTOR LICENSING.

(a) It is unlawful for an out-of-state wholesale drug distributor to conduct business
in the state without first obtaining a license from the board and paying deleted text begin the required deleted text end new text begin any
applicable new text end fee new text begin specified in section 151.065 new text end .

(b) Application for an out-of-state wholesale drug distributor license under this
section shall be made on a form furnished by the board.

(c) No person acting as principal or agent for any out-of-state wholesale drug
distributor may sell or distribute drugs in the state unless the distributor has obtained
a license.

(d) The board may adopt regulations that permit out-of-state wholesale drug
distributors to obtain a license on the basis of reciprocity to the extent that an out-of-state
wholesale drug distributor:

(1) possesses a valid license granted by another state under legal standards
comparable to those that must be met by a wholesale drug distributor of this state as
prerequisites for obtaining a license under the laws of this state; and

(2) can show that the other state would extend reciprocal treatment under its own
laws to a wholesale drug distributor of this state.

Sec. 27.

Minnesota Statutes 2010, section 152.12, subdivision 3, is amended to read:

Subd. 3.

Research project use of controlled substances.

Any qualified person
may use controlled substances in the course of a bona fide research project but cannot
administer or dispense such drugs to human beings unless such drugs are prescribed,
dispensed and administered by a person lawfully authorized to do so. Every person
who engages in research involving the use of such substances shall apply annually for
registration by the state Board of Pharmacy new text begin and shall pay any applicable fee specified in
section 151.065, new text end provided that such registration shall not be required if the person is
covered by and has complied with federal laws covering such research projects.

Sec. 28.

new text begin [214.107] HEALTH-RELATED LICENSING BOARDS
ADMINISTRATIVE SERVICES UNIT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin An administrative services unit is established
for the health-related licensing boards in section 214.01, subdivision 2, to perform
administrative, financial, and management functions common to all the boards in a manner
that streamlines services, reduces expenditures, targets the use of state resources, and
meets the mission of public protection.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin The administrative services unit shall act as an agent of the
boards.
new text end

new text begin Subd. 3. new text end

new text begin Funding. new text end

new text begin (a) The administrative service unit shall apportion among the
health-related licensing boards an amount to be allocated to each health-related licensing
board. The amount apportioned to each board shall equal each board's share of the annual
operating costs for the unit and shall be deposited into the state government special
revenue fund.
new text end

new text