HF 2661

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; appropriating money; 
  1.3             changing provisions for medical education and research 
  1.4             trust fund, rural physician education account, mobile 
  1.5             food unit, restaurants and food stands, health 
  1.6             reports; establishing core functions for public 
  1.7             health; amending Minnesota Statutes 1996, sections 
  1.8             144.702, subdivisions 2 and 8; 145.9265; 157.15, 
  1.9             subdivisions 9, 10, 12, 12a, 13, 14, and by adding 
  1.10            subdivisions; and 157.16, by adding a subdivision; 
  1.11            Minnesota Statutes 1997 Supplement, sections 62J.69, 
  1.12            subdivisions 1 and 2; 144.1494, subdivision 1; and 
  1.13            157.16, subdivision 3; Laws 1997, chapter 203, article 
  1.14            1, section 2, subdivisions 7 and 12; proposing coding 
  1.15            for new law in Minnesota Statutes, chapter 144; 
  1.16            repealing Minnesota Statutes 1996, sections 144.701, 
  1.17            subdivision 4; 144.702, subdivision 7; and 157.15, 
  1.18            subdivision 15. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20                           APPROPRIATIONS
  1.21  Section 1.  [HEALTH AND HUMAN SERVICES APPROPRIATIONS.] 
  1.22     The sums in the columns headed "APPROPRIATIONS" are 
  1.23  appropriated or reductions from appropriations from the general 
  1.24  fund, or another named fund, to the agencies and for the 
  1.25  purposes specified to be available for the fiscal years 
  1.26  indicated for each purpose. 
  1.27                          SUMMARY BY FUND
  1.28                                            1998         1999
  1.29  General                           $ (118,953,000)$ (138,047,000)
  1.30  State Government Special
  1.31  Revenue Fund                             113,000        964,000 
  1.32  Special Revenue Fund                     483,000     14,152,000 
  2.1   Health Care Access                     7,816,000     (1,083,000)
  2.2                                              APPROPRIATIONS 
  2.3                                          Available for the Year 
  2.4                                              Ending June 30 
  2.5                                             1998         1999 
  2.6   Sec. 2.  COMMISSIONER OF HUMAN SERVICES
  2.7   Subdivision 1.  Total
  2.8   Appropriation                       (110,654,000)  (144,977,000)
  2.9                           Summary by Fund
  2.10                        1998           1999        
  2.11  General            (118,953,000) (157,787,000)
  2.12  Special Revenue 
  2.13  Fund                    483,000    14,152,000
  2.14  Health Care Access    7,816,000    (1,342,000)
  2.15  Subd. 2. Children's Grants            
  2.16  General                                  -0-          1,865,000 
  2.17  Special Revenue Fund                     -0-         10,000,000 
  2.18  [FAMILY PRESERVATION PROGRAM TANF 
  2.19  FUNDING.] $10,000,000 of federal TANF 
  2.20  funds are transferred to the title XX 
  2.21  grant and are allocated to the family 
  2.22  preservation program in fiscal year 
  2.23  1999.  Notwithstanding Minnesota 
  2.24  Statutes 1996, section 256E.07, the 
  2.25  commissioner shall distribute this 
  2.26  money according to the family 
  2.27  preservation formula in Minnesota 
  2.28  Statutes, section 256F.05, subdivision 
  2.29  3.  Funds allocated to counties must be 
  2.30  used in accordance with federal TANF 
  2.31  requirements and Minnesota Statutes, 
  2.32  chapter 256F. 
  2.33  Subd. 3.  Children's Services
  2.34  Management                                                      
  2.35  General                                  -0-            400,000 
  2.36  Subd. 4.  Basic Health Care
  2.37  Grants                                                          
  2.38  General                              (74,679,000)   (90,866,000)
  2.39  Health Care Access                     6,808,000     (3,917,000)
  2.40  The amounts that may be spent from this 
  2.41  appropriation for each purpose are as 
  2.42  follows: 
  2.43  (a) MA Basic Health Care Grants; 
  2.44  Families and Children                                           
  2.45  General                              (23,231,000)   (38,950,000)
  2.46  (b) MA Basic Health Care Grants; 
  2.47  Elderly and Disabled                                            
  2.48  General                              (23,819,000)   (42,052,000)
  3.1   (c) General Assistance 
  3.2   Medical Care                                            
  3.3   General                              (27,629,000)    (9,864,000)
  3.4   [HEALTH CARE ACCESS FUND TRANSFERS TO 
  3.5   THE GENERAL FUND.] Notwithstanding Laws 
  3.6   1997, chapter 203, article 1, section 
  3.7   2, subdivision 5, funds shall be 
  3.8   transferred from the health care access 
  3.9   fund to the general fund to offset the 
  3.10  projected savings to general assistance 
  3.11  medical care (GAMC) that would result 
  3.12  from the transition of GAMC parents and 
  3.13  adults without children to 
  3.14  MinnesotaCare.  For fiscal year 1998, 
  3.15  the amount transferred from the health 
  3.16  care access fund to the general fund 
  3.17  shall be $13,700,000.  The amount of 
  3.18  transfer for fiscal year 1999 shall be 
  3.19  $2,659,000. 
  3.20  (d) MinnesotaCare Grants                                        
  3.21  Health Care Access                     6,808,000     (3,917,000)
  3.22  Subd. 5.  Basic Health Care
  3.23  Management                                                      
  3.24  General                                  -0-            236,000 
  3.25  Health Care Access                      (192,000)     2,034,000 
  3.26  The amounts that may be spent from this 
  3.27  appropriation for each purpose are as 
  3.28  follows: 
  3.29  (a) Health Care Policy
  3.30  Administration                                                  
  3.31  General                                  -0-            148,000 
  3.32  Health Care Access                      (192,000)        37,000 
  3.33  [DELAY IN TRANSFERRING GAMC CLIENTS.] 
  3.34  Due to the delay in transferring GAMC 
  3.35  clients to MinnesotaCare on January 1, 
  3.36  2000, $192,000 in fiscal year 1998 
  3.37  health care access fund administrative 
  3.38  funds, appropriated in Laws 1997, 
  3.39  chapter 225, article 7, section 2, 
  3.40  subdivision 1, are canceled. 
  3.41  (b) Health Care Operations                                      
  3.42  General                                  -0-             88,000 
  3.43  Health Care Access                       -0-          1,997,000
  3.44  [MINNESOTACARE OUTREACH.] Unexpended 
  3.45  money in fiscal year 1998 for 
  3.46  MinnesotaCare outreach activities 
  3.47  appropriated in Laws 1997, chapter 225, 
  3.48  article 7, section 2, subdivision 1, 
  3.49  does not cancel, but is available for 
  3.50  those purposes in fiscal year 1999. 
  3.51  Subd. 6.  State-Operated
  3.52  Services                                                        
  3.53  General                                  -0-            750,000 
  4.1   The amounts that may be spent from this 
  4.2   appropriation for each purpose are as 
  4.3   follows: 
  4.4   RTC Facilities
  4.5   General                                  -0-            750,000 
  4.6   Subd. 7.  Continuing Care and
  4.7   Community Support Grants                                        
  4.8   General                              (35,100,000)   (27,302,000)
  4.9   The amounts that may be spent from this 
  4.10  appropriation for each purpose are as 
  4.11  follows: 
  4.12  (a) Community Services Block
  4.13  Grant
  4.14  General                                  130,000        -0-     
  4.15  (b) Mental Health Grants
  4.16  General                                  300,000      1,900,000 
  4.17  [COMPULSIVE GAMBLING CARRYFORWARD.] 
  4.18  Unexpended funds appropriated to the 
  4.19  commissioner for compulsive gambling 
  4.20  programs for fiscal year 1998 do not 
  4.21  cancel but are available for these 
  4.22  purposes for fiscal year 1999. 
  4.23  (c) Medical Assistance Long-term
  4.24  Care Waivers and Home Care
  4.25  General                               (8,463,000)   (14,166,000)
  4.26  (d) Medical Assistance Long-term
  4.27  Care Facilities
  4.28  General                              (18,272,000)   (19,757,000)
  4.29  [ICF/MR RECEIVERSHIP.] If a facility 
  4.30  which is in receivership under 
  4.31  Minnesota Statutes, section 245A.12 or 
  4.32  245A.13, is sold during fiscal years 
  4.33  1998 or 1999 to an unrelated 
  4.34  organization:  (1) the facility shall 
  4.35  be considered a newly established 
  4.36  facility for rate setting purposes 
  4.37  notwithstanding any provisions to the 
  4.38  contrary in Minnesota Statutes, section 
  4.39  256B.501, subdivision 11; and (2) the 
  4.40  facility's historical basis for the 
  4.41  physical plant, land, and land 
  4.42  improvements for each facility must not 
  4.43  exceed the prior owner's aggregate 
  4.44  historical basis for these same assets 
  4.45  for each facility.  The allocation of 
  4.46  the purchase price between land, land 
  4.47  improvements, and physical plant shall 
  4.48  be based on the real estate appraisal 
  4.49  using the depreciated replacement cost 
  4.50  method. 
  4.51  [NEW ICF/MR.] A newly constructed or 
  4.52  newly established intermediate care 
  4.53  facility for persons with mental 
  4.54  retardation that is developed and 
  4.55  financed during fiscal year 1998 or 
  5.1   1999 shall not be subject to the equity 
  5.2   requirements in Minnesota Statutes, 
  5.3   section 256B.501, subdivision 11, 
  5.4   paragraph (d), or Minnesota Rules, part 
  5.5   9553.0060, subpart 3, item F, provided 
  5.6   that the provider's interest rate does 
  5.7   not exceed the interest rate available 
  5.8   through state agency tax exempt 
  5.9   financing. 
  5.10  [FLOOD COSTS.] Of this appropriation, 
  5.11  $300,000 for fiscal year 1998 and 
  5.12  $1,000,000 for fiscal year 1999 is to 
  5.13  pay for flood-related mental health 
  5.14  services and to reimburse mental health 
  5.15  centers for the cost of disruptions in 
  5.16  the mental health centers' other 
  5.17  services that were caused by diversion 
  5.18  of staff to flood efforts.  Funding is 
  5.19  limited to costs which cannot be 
  5.20  reimbursed through any other source of 
  5.21  services in counties officially 
  5.22  declared as disaster areas. 
  5.23  Of this appropriation, $130,000 for 
  5.24  fiscal year 1998 is to reimburse Wilkin 
  5.25  county for flood-related human service 
  5.26  and public health costs which cannot be 
  5.27  reimbursed through any other source. 
  5.28  [ICFs/MR AND NURSING FACILITY 
  5.29  FLOOD-RELATED REPORTING.] For the 
  5.30  reporting year ending December 31, 
  5.31  1997, for ICFs/MR that temporarily 
  5.32  admitted victims of the flood of 1997, 
  5.33  the resident days related to those 
  5.34  temporary placements (persons not 
  5.35  formally admitted which continued to be 
  5.36  billed under the evacuated facility's 
  5.37  provider number) will not be counted in 
  5.38  the cost report submitted to calculate 
  5.39  October 1, 1998, rates, and the 
  5.40  additional expenditures will be 
  5.41  considered nonallowable. 
  5.42  For the reporting year ending September 
  5.43  30, 1997, for nursing facilities that 
  5.44  temporarily admitted victims of the 
  5.45  flood of 1997, the resident days 
  5.46  related to those temporary placements 
  5.47  (persons not formally admitted which 
  5.48  continued to be billed under the 
  5.49  evacuated facility's provider number) 
  5.50  will not be counted in the cost report 
  5.51  submitted to calculate July 1, 1998, 
  5.52  rates, and the additional expenditures 
  5.53  will be considered nonallowable. 
  5.54  (e) Alternative Care Grants
  5.55  General                                  -0-         21,666,000 
  5.56  (f) Group Residential Housing
  5.57  General                               (8,795,000)    (9,447,000)
  5.58  (g) Chemical Dependency
  5.59  Entitlement Grants 
  5.60  General                                  -0-         (7,498,000)
  6.1   Subd. 8.  Economic Support Grants                               
  6.2   General                               (9,174,000)   (42,905,000)
  6.3   State Government Special
  6.4   Revenue Fund                             483,000      4,152,000 
  6.5   The amounts that may be spent from this 
  6.6   appropriation for each purpose are as 
  6.7   follows: 
  6.8   (a) Assistance to Families
  6.9   Grants                                                          
  6.10  General                                  -0-        (20,343,000)
  6.11  Special Revenue Fund                     483,000      4,152,000
  6.12  (b) General Assistance 
  6.13  General                               (6,933,000)   (19,813,000)
  6.14  (c) Minnesota Supplemental
  6.15  Aid
  6.16  General                               (2,241,000)    (2,749,000)
  6.17  Subd. 9.  Economic Support
  6.18  Management
  6.19  General                                  -0-             35,000 
  6.20  The amounts that may be spent from this 
  6.21  appropriation for each purpose are as 
  6.22  follows: 
  6.23  Economic Support
  6.24  Operations
  6.25  General                                  -0-             35,000 
  6.26  Health Care Access                       300,000      1,084,000 
  6.27  Sec. 3.  COMMISSIONER OF HEALTH
  6.28  Subdivision 1.  Total
  6.29  Appropriation                            -0-         20,840,000
  6.30                Summary by Fund
  6.31  General                 -0-        19,740,000
  6.32  State Government Special
  6.33  Revenue Fund            -0-           841,000
  6.34  Health Care
  6.35  Access Fund             -0-           259,000
  6.36  Subd. 2.  Health Systems and
  6.37  Special Populations                      -0-         15,259,000 
  6.38                Summary by Fund
  6.39  General                 -0-        15,000,000
  6.40  Health Care
  6.41  Access                  -0-           259,000
  6.42  [FETAL ALCOHOL SYNDROME.] (a) Of this 
  6.43  appropriation, $5,000,000 is for 
  6.44  education, prevention, and intervention 
  7.1   activities for Fetal Alcohol 
  7.2   Syndrome/Fetal Alcohol Effect (FAS/FAE).
  7.3   (b) Of the amount in paragraph (a), 
  7.4   $2,050,000 is transferred to the 
  7.5   department of human services for the 
  7.6   expansion of substance abuse and 
  7.7   treatment services. 
  7.8   (c) Of the amount in paragraph (a), 
  7.9   $200,000 is transferred to the 
  7.10  department of children, families, and 
  7.11  learning for a school-based pilot 
  7.12  program to develop best practices 
  7.13  educational curricula for individuals 
  7.14  with FAS/FAE. 
  7.15  Subd. 3.  Health Protection              -0-          5,581,000 
  7.16                Summary by Fund
  7.17  General                 -0-         4,740,000
  7.18  State Government
  7.19  Special Revenue         -0-           841,000
  7.20  [OCCUPATIONAL RESPIRATORY DISEASE 
  7.21  INFORMATION SYSTEM.] Of the general 
  7.22  fund appropriation, $300,000 is to 
  7.23  design an occupational respiratory 
  7.24  disease information system and is 
  7.25  available until expended. 
  7.26  [INFECTION CONTROL.] Of the general 
  7.27  fund appropriation, $450,000 is for 
  7.28  infection control activities to include 
  7.29  training and technical assistance of 
  7.30  health care personnel to prevent and 
  7.31  control disease outbreaks, and for 
  7.32  hospital and public health laboratory 
  7.33  testing and other activities to monitor 
  7.34  trends in drug-resistant infections. 
  7.35  [CANCER SCREENING.] Of the general fund 
  7.36  appropriation, $989,000 is for 
  7.37  increased cancer screening and 
  7.38  diagnostic services for women, 
  7.39  particularly underserved women, and to 
  7.40  improve cancer screening rates for the 
  7.41  general population.  Of this amount, at 
  7.42  least $665,000 is for grants and up to 
  7.43  $324,000 is for technical assistance, 
  7.44  consultation, and outreach.  The grants 
  7.45  support local boards of health in 
  7.46  providing outreach and coordination and 
  7.47  reimburse health care providers for 
  7.48  screening and diagnostic tests. 
  7.49  Sec. 4.  HEALTH-RELATED BOARDS 
  7.50  Subdivision 1.  Total       
  7.51  Appropriation                            113,000        123,000 
  7.52  The appropriations in this section are 
  7.53  from the State Government Special 
  7.54  Revenue Fund. 
  7.55  Subd. 2.  Board of Medical  
  7.56  Practice                                  80,000         90,000 
  7.57  This appropriation is added to the 
  8.1   appropriation in Laws 1997, chapter 
  8.2   203, article 1, section 5, subdivision 
  8.3   6, and is for the health professional 
  8.4   services activity. 
  8.5   Subd. 3.  Board of 
  8.6   Veterinary Medicine                       33,000         33,000 
  8.7   This appropriation is added to the 
  8.8   appropriation in Laws 1997, chapter 
  8.9   203, article 1, section 5, subdivision 
  8.10  14, and is for national examination 
  8.11  costs. 
  8.12     Sec. 5.  Laws 1997, chapter 203, article 1, section 2, 
  8.13  subdivision 7, is amended to read: 
  8.14  Subd. 7.  State-Operated Services
  8.15  General             207,174,000   203,429,000
  8.16  The amounts that may be spent from this 
  8.17  appropriation for each purpose are as 
  8.18  follows: 
  8.19  (a) RTC Facilities
  8.20  General             193,647,000   188,883,000
  8.21  [MITIGATION RELATED TO DD DOWNSIZING 
  8.22  AND MH PILOTS.] Money appropriated to 
  8.23  finance mitigation expenses related to 
  8.24  the downsizing of regional treatment 
  8.25  center developmental disabilities 
  8.26  programs and the establishment of 
  8.27  mental health pilot projects may be 
  8.28  transferred between fiscal years within 
  8.29  the biennium. 
  8.30  [LEAVE LIABILITIES.] The accrued leave 
  8.31  liabilities of state employees 
  8.32  transferred to state-operated community 
  8.33  services programs may be paid out of 
  8.34  this appropriation.  Funds set aside 
  8.35  for this purpose shall not exceed the 
  8.36  amount of the actual leave liability 
  8.37  calculated as of June 30, 1999, and 
  8.38  shall be available until expended. 
  8.39  [FUNDING FOR GRAVE MARKERS.] Of this 
  8.40  appropriation, $200,000 for the 
  8.41  biennium ending June 30, 1999, is for 
  8.42  the commissioner to fund markers with 
  8.43  the names of individuals whose graves 
  8.44  are located at regional treatment 
  8.45  centers.  This appropriation is 
  8.46  available only after reasonable efforts 
  8.47  have been made to acquire funds from 
  8.48  private sources to fund the markers, 
  8.49  and after the private funds collected, 
  8.50  if any, have been exhausted.  Of the 
  8.51  $200,000, $5,000 shall be transferred 
  8.52  to Advocating Change Together for a 
  8.53  public awareness campaign to increase 
  8.54  public knowledge of the issues 
  8.55  surrounding developmental disabilities 
  8.56  and to encourage private contributions 
  8.57  to assist in the completion of this 
  8.58  project. 
  9.1   [RTC CHEMICAL DEPENDENCY PROGRAMS.] 
  9.2   When the operations of the regional 
  9.3   treatment center chemical dependency 
  9.4   fund created in Minnesota Statutes, 
  9.5   section 246.18, subdivision 2, are 
  9.6   impeded by projected cash deficiencies 
  9.7   resulting from delays in the receipt of 
  9.8   grants, dedicated income, or other 
  9.9   similar receivables, and when the 
  9.10  deficiencies would be corrected within 
  9.11  the budget period involved, the 
  9.12  commissioner of finance may transfer 
  9.13  general fund cash reserves into this 
  9.14  account as necessary to meet cash 
  9.15  demands.  The cash flow transfers must 
  9.16  be returned to the general fund in the 
  9.17  fiscal year that the transfer was 
  9.18  made.  Any interest earned on general 
  9.19  fund cash flow transfers accrues to the 
  9.20  general fund and not the regional 
  9.21  treatment center chemical dependency 
  9.22  fund. 
  9.23  [SHORT-TERM TREATMENT PROGRAM.] The 
  9.24  commissioner shall report to the 
  9.25  legislature by January 15, 1998, with 
  9.26  recommendations on the establishment of 
  9.27  a short-term treatment program of less 
  9.28  than 45 days to be administered by the 
  9.29  Anoka regional center to serve persons 
  9.30  with mental illness.  The report must 
  9.31  include a plan to qualify the program 
  9.32  for medical assistance reimbursement 
  9.33  and estimates of the capital bonding 
  9.34  and ongoing funding necessary to 
  9.35  operate the program. 
  9.36  [RTC PILOT PROJECTS.] The commissioner 
  9.37  may authorize regional treatment 
  9.38  centers to enter into contracts with 
  9.39  health plans that provide services to 
  9.40  publicly funded clients to provide 
  9.41  services within the diagnostic 
  9.42  categories related to mental illness 
  9.43  and chemical dependency, provided that 
  9.44  the revenue is sufficient to cover 
  9.45  actual costs.  Regional treatment 
  9.46  centers may establish revenue-based 
  9.47  acute care services to be provided 
  9.48  under these contracts, separate from 
  9.49  the appropriation-based services 
  9.50  otherwise provided at the regional 
  9.51  treatment center.  The appropriation to 
  9.52  regional treatment centers may be used 
  9.53  to cover start-up costs related to 
  9.54  these services, offset by revenue.  The 
  9.55  commissioner, in conjunction with the 
  9.56  commissioner of administration, is 
  9.57  authorized to modify state contract 
  9.58  procedures that would otherwise impede 
  9.59  pilot projects in order for the 
  9.60  facility to participate in managed care 
  9.61  activities.  The commissioner may 
  9.62  delegate the execution of these 
  9.63  contracts to the chief executive 
  9.64  officer of the regional treatment 
  9.65  center.  The commissioner shall report 
  9.66  to the legislature by January 15, 1998, 
  9.67  on pilot project development and 
  9.68  implementation. 
 10.1   [CAMBRIDGE REGIONAL HUMAN SERVICES 
 10.2   CENTER.] (a) The commissioner shall 
 10.3   maintain capacity at Cambridge regional 
 10.4   human services center and shall 
 10.5   continue to provide residential and 
 10.6   crisis services at Cambridge for 
 10.7   persons with complex behavioral and 
 10.8   social problems committed by the courts 
 10.9   from the Faribault regional center and 
 10.10  Cambridge regional human services 
 10.11  center catchment areas.  Campus 
 10.12  programs shall operate with the aim of 
 10.13  facilitating the return of individuals 
 10.14  with clinically complex behavior and 
 10.15  social problems to community settings 
 10.16  and shall maintain sufficient support 
 10.17  services on campus as needed by the 
 10.18  programs. 
 10.19  (b) The commissioner shall develop and 
 10.20  present a plan and recommendations to 
 10.21  the legislature by January 15, 1998, 
 10.22  for the second phase of the Minnesota 
 10.23  extended treatment options (METO) 
 10.24  program at Cambridge regional human 
 10.25  services center to serve persons with 
 10.26  developmental disabilities who pose a 
 10.27  public risk.  Phase two shall increase 
 10.28  the on-campus program capacity of METO 
 10.29  by at least 36 additional beds, unless 
 10.30  program configuration changes are 
 10.31  agreed to by the affected exclusive 
 10.32  bargaining representative. 
 10.33  [RTC RESTRUCTURING.] For purposes of 
 10.34  restructuring the regional treatment 
 10.35  centers and state nursing homes, any 
 10.36  regional treatment center or state 
 10.37  nursing home employee whose position is 
 10.38  to be eliminated shall be afforded the 
 10.39  options provided in applicable 
 10.40  collective bargaining agreements.  All 
 10.41  salary and mitigation allocations from 
 10.42  fiscal year 1998 shall be carried 
 10.43  forward into fiscal year 1999.  
 10.44  Provided there is no conflict with any 
 10.45  collective bargaining agreement, any 
 10.46  regional treatment center or state 
 10.47  nursing home position reduction must 
 10.48  only be accomplished through 
 10.49  mitigation, attrition, transfer, and 
 10.50  other measures as provided in state or 
 10.51  applicable collective bargaining 
 10.52  agreements and in Minnesota Statutes, 
 10.53  section 252.50, subdivision 11, and not 
 10.54  through layoff. 
 10.55  [RTC POPULATION.] If the resident 
 10.56  population at the regional treatment 
 10.57  centers is projected to be higher than 
 10.58  the estimates upon which the medical 
 10.59  assistance forecast and budget 
 10.60  recommendations for the 1998-1999 
 10.61  biennium were based, the amount of the 
 10.62  medical assistance appropriation that 
 10.63  is attributable to the cost of services 
 10.64  that would have been provided as an 
 10.65  alternative to regional treatment 
 10.66  center services, including resources 
 10.67  for community placements and waivered 
 10.68  services for persons with mental 
 11.1   retardation and related conditions, is 
 11.2   transferred to the residential 
 11.3   facilities appropriation. 
 11.4   [REPAIRS AND BETTERMENTS.] The 
 11.5   commissioner may transfer unencumbered 
 11.6   appropriation balances between fiscal 
 11.7   years for the state residential 
 11.8   facilities repairs and betterments 
 11.9   account and special equipment. 
 11.10  [PROJECT LABOR.] Wages for project 
 11.11  labor may be paid by the commissioner 
 11.12  of human services out of repairs and 
 11.13  betterments money if the individual is 
 11.14  to be engaged in a construction project 
 11.15  or a repair project of short-term and 
 11.16  nonrecurring nature.  Compensation for 
 11.17  project labor shall be based on the 
 11.18  prevailing wage rates, as defined in 
 11.19  Minnesota Statutes, section 177.42, 
 11.20  subdivision 6.  Project laborers are 
 11.21  excluded from the provisions of 
 11.22  Minnesota Statutes, sections 43A.22 to 
 11.23  43A.30, and shall not be eligible for 
 11.24  state-paid insurance and benefits. 
 11.25  [STATE-OPERATED SERVICES CD 
 11.26  CONSOLIDATION.] Notwithstanding the 
 11.27  provisions of Minnesota Statutes, 
 11.28  section 246.0135, paragraph (a), the 
 11.29  commissioner may consolidate the 
 11.30  extended plus chemical dependency 
 11.31  program operated by Moose Lake Regional 
 11.32  State-Operated Services at Cambridge 
 11.33  and the chemical dependency program 
 11.34  operated by Anoka-Metro Regional 
 11.35  Treatment Center at the Anoka 
 11.36  location.  With the concurrence of the 
 11.37  affected bargaining unit 
 11.38  representatives, this consolidation may 
 11.39  commence upon the date following 
 11.40  enactment. 
 11.41  [DEVELOPMENT OF ADULT MENTAL HEALTH 
 11.42  PILOT PROJECTS.] The commissioner shall 
 11.43  ensure that exclusive bargaining 
 11.44  representatives are informed about and 
 11.45  allowed to participate in all aspects 
 11.46  of the development of adult mental 
 11.47  health pilot projects.  Prior to 
 11.48  authorizing additional funding for any 
 11.49  county adult mental health pilot 
 11.50  project, the commissioner shall give 
 11.51  written assurance to the affected 
 11.52  exclusive bargaining representatives 
 11.53  that the mental health pilot project: 
 11.54  (1) does not infringe on existing 
 11.55  collective bargaining agreements or the 
 11.56  relationships between public employees 
 11.57  and their employers; 
 11.58  (2) will effectively use bargaining 
 11.59  unit employees; and 
 11.60  (3) will foster cooperative and 
 11.61  constructive labor and management 
 11.62  practices under Minnesota Statutes, 
 11.63  chapters 43A and 179A. 
 12.1   [RTC STAFFING LEVELS.] In order to 
 12.2   maintain adequate staffing levels 
 12.3   during reallocations, downsizing, or 
 12.4   transfer of regional center nonfiscal 
 12.5   resources, the commissioner must ensure 
 12.6   that any reallocation of positions 
 12.7   between regional centers does not 
 12.8   reduce required staffing at regional 
 12.9   center programs for adults and 
 12.10  adolescents with mental illness. 
 12.11  Each regional treatment center serving 
 12.12  persons with mental illness must have a 
 12.13  written staffing plan based on program 
 12.14  services and treatment plans that are 
 12.15  required for individuals with mental 
 12.16  illness at the regional center using 
 12.17  standards established by the 
 12.18  commissioner.  The written plan must 
 12.19  include a detailed account of the 
 12.20  staffing needed at the regional center 
 12.21  for the following inpatient and other 
 12.22  psychiatric programs: 
 12.23  (1) acute inpatient; 
 12.24  (2) long-term inpatient; 
 12.25  (3) adolescent programs; and 
 12.26  (4) mobile and other crisis services 
 12.27  and transitional services. 
 12.28  If requested, the regional treatment 
 12.29  center chief executive officer must 
 12.30  provide the exclusive bargaining 
 12.31  representative or any other interested 
 12.32  party with a copy of the staffing plan. 
 12.33  If the exclusive bargaining 
 12.34  representative or another interested 
 12.35  party believes that actual staffing or 
 12.36  planned staffing for a regional 
 12.37  treatment center is not adequate to 
 12.38  provide necessary treatment, they may 
 12.39  request the ombudsman for mental health 
 12.40  and mental retardation to investigate, 
 12.41  report findings, and make 
 12.42  recommendations under Minnesota 
 12.43  Statutes, chapter 245.  If an 
 12.44  investigation is requested in light of 
 12.45  such circumstances, the report and 
 12.46  recommendations must be completed no 
 12.47  less than 30 days before an actual 
 12.48  reallocation, downsizing of staff, or 
 12.49  transfer of nonfiscal resources from a 
 12.50  regional treatment center. 
 12.51  By November 1, 1997, the commissioner 
 12.52  shall begin to develop regional 
 12.53  treatment center staffing plans for 
 12.54  inpatient and other psychiatric 
 12.55  programs.  The commissioner will 
 12.56  consult with representatives of 
 12.57  exclusive bargaining representatives 
 12.58  during the development of these plans.  
 12.59  By February 1, 1998, the commissioner 
 12.60  shall prepare and transmit to the 
 12.61  legislature a report of the staffing 
 12.62  level standards for regional treatment 
 12.63  centers.  The commissioner may also 
 13.1   recommend any changes in statute, 
 13.2   rules, and appropriations needed to 
 13.3   implement the recommendations. 
 13.4   (b) State-Operated Community
 13.5   Services - MI Adults 
 13.6   General               3,907,000     3,976,000
 13.7   (c) State-Operated Community 
 13.8   Services - DD
 13.9   General               9,620,000    10,570,000
 13.10     Sec. 6.  Laws 1997, chapter 203, article 1, section 2, 
 13.11  subdivision 12, is amended to read: 
 13.12  Subd. 12.  Federal TANF Funds       
 13.13  [FEDERAL TANF FUNDS.] (a) Federal 
 13.14  Temporary Assistance for Needy Families 
 13.15  block grant funds authorized under 
 13.16  title I of Public Law Number 104-193, 
 13.17  the Personal Responsibility and Work 
 13.18  Opportunity Reconciliation Act of 1996, 
 13.19  are appropriated to the commissioner in 
 13.20  amounts up to $276,741,000 $240,453,000 
 13.21  in fiscal year 1998 
 13.22  and $265,795,000 $266,282,000 in fiscal 
 13.23  year 1999.  Additional TANF funds may 
 13.24  be expended but only to the extent that 
 13.25  an equal amount of state funds have 
 13.26  been transferred to the TANF reserve 
 13.27  under section 256J.03.  
 13.28  (b) The commissioner may use TANF 
 13.29  reserve funds to meet TANF maintenance 
 13.30  of effort requirements and to offset 
 13.31  federal revenue reductions. 
 13.32  (c) This subdivision is effective the 
 13.33  day following final enactment. 
 13.34     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
 13.35  62J.69, subdivision 1, is amended to read: 
 13.36     Subdivision 1.  [DEFINITIONS.] For purposes of this 
 13.37  section, the following definitions apply: 
 13.38     (a) "Medical education" means the accredited clinical 
 13.39  training of physicians (medical students and residents), doctor 
 13.40  of pharmacy practitioners, dentists, advanced practice nurses 
 13.41  (clinical nurse specialist, certified registered nurse 
 13.42  anesthetists, nurse practitioners, and certified nurse 
 13.43  midwives), and physician assistants. 
 13.44     (b) "Clinical training" means accredited training for the 
 13.45  health care practitioners listed in paragraph (a) that is funded 
 13.46  and was historically funded in part by inpatient patient care 
 13.47  revenues and that occurs in both either an inpatient and or 
 14.1   ambulatory patient care settings training site. 
 14.2      (c) "Trainee" means students involved in an accredited 
 14.3   clinical training program for medical education as defined in 
 14.4   paragraph (a). 
 14.5      (d) "Eligible trainee" means a student involved in an 
 14.6   accredited training program for medical education as defined in 
 14.7   paragraph (a), which meets the definition of clinical training 
 14.8   in paragraph (b), who is in a training site which is located in 
 14.9   Minnesota. 
 14.10     (e) "Health care research" means approved clinical, 
 14.11  outcomes, and health services investigations that are funded by 
 14.12  patient out-of-pocket expenses or a third-party payer. 
 14.13     (e) (f) "Commissioner" means the commissioner of health. 
 14.14     (f) (g) "Teaching institutions" means any hospital, medical 
 14.15  center, clinic, or other organization that currently sponsors or 
 14.16  conducts accredited medical education programs or clinical 
 14.17  research in Minnesota. 
 14.18     (h) "Accredited training" means training provided by a 
 14.19  program which is accredited through an organization recognized 
 14.20  by the department of education as the official accrediting body 
 14.21  for that program. 
 14.22     (i) "Sponsoring institution" means a hospital, school, or 
 14.23  consortium that sponsors and maintains primary organizational 
 14.24  and financial responsibility for an accredited medical education 
 14.25  program in Minnesota. 
 14.26     Sec. 8.  Minnesota Statutes 1997 Supplement, section 
 14.27  62J.69, subdivision 2, is amended to read: 
 14.28     Subd. 2.  [ALLOCATION AND FUNDING FOR MEDICAL EDUCATION AND 
 14.29  RESEARCH.] (a) The commissioner may establish a trust fund for 
 14.30  the purposes of funding medical education and research 
 14.31  activities in the state of Minnesota. 
 14.32     (b) By January 1, 1997, the commissioner may appoint an 
 14.33  advisory committee to provide advice and oversight on the 
 14.34  distribution of funds from the medical education and research 
 14.35  trust fund.  If a committee is appointed, the commissioner 
 14.36  shall:  (1) consider the interest of all stakeholders when 
 15.1   selecting committee members; (2) select members that represent 
 15.2   both urban and rural interest; and (3) select members that 
 15.3   include ambulatory care as well as inpatient perspectives.  The 
 15.4   commissioner shall appoint to the advisory committee 
 15.5   representatives of the following groups:  medical researchers, 
 15.6   public and private academic medical centers, managed care 
 15.7   organizations, Blue Cross and Blue Shield of Minnesota, 
 15.8   commercial carriers, Minnesota Medical Association, Minnesota 
 15.9   Nurses Association, medical product manufacturers, employers, 
 15.10  and other relevant stakeholders, including consumers.  The 
 15.11  advisory committee is governed by section 15.059, for membership 
 15.12  terms and removal of members and will sunset on June 30, 1999. 
 15.13     (c) Eligible applicants for funds are accredited medical 
 15.14  education teaching institutions, consortia, and programs 
 15.15  operating in Minnesota.  Applications must be submitted by the 
 15.16  sponsoring institution on behalf of the teaching program, and 
 15.17  must be received by September 30 of each year for distribution 
 15.18  in January of the following year.  An application for funds must 
 15.19  include the following: 
 15.20     (1) the official name and address of the sponsoring 
 15.21  institution and the official name and address of the facility or 
 15.22  program programs on whose behalf the institution is applying for 
 15.23  funding; 
 15.24     (2) the name, title, and business address of those persons 
 15.25  responsible for administering the funds; 
 15.26     (3) the total number, type, and specialty orientation of 
 15.27  eligible Minnesota-based trainees in for each accredited medical 
 15.28  education program for which funds are being sought the type and 
 15.29  specialty orientation of trainees in the program, the name, 
 15.30  address, and medical assistance provider number of each training 
 15.31  site used in the program, the total number of trainees in each 
 15.32  site, and the total number of eligible trainees in each training 
 15.33  site; 
 15.34     (4) audited clinical training costs per trainee for each 
 15.35  medical education program where available or estimates of 
 15.36  clinical training costs based on audited financial data; 
 16.1      (5) a description of current sources of funding for medical 
 16.2   education costs including a description and dollar amount of all 
 16.3   state and federal financial support, including Medicare direct 
 16.4   and indirect payments; 
 16.5      (6) other revenue received for the purposes of clinical 
 16.6   training; and 
 16.7      (7) a statement identifying unfunded costs; and 
 16.8      (8) other supporting information the commissioner, with 
 16.9   advice from the advisory committee, determines is necessary for 
 16.10  the equitable distribution of funds. 
 16.11     (d) The commissioner shall distribute medical education 
 16.12  funds to all qualifying applicants based on the following basic 
 16.13  criteria:  (1) total medical education funds available; (2) 
 16.14  total eligible trainees in each eligible education program; and 
 16.15  (3) the statewide average cost per trainee, by type of trainee, 
 16.16  in each medical education program.  Funds distributed shall not 
 16.17  be used to displace current funding appropriations from federal 
 16.18  or state sources.  Funds shall be distributed to the sponsoring 
 16.19  institutions indicating the amount to be paid to each of the 
 16.20  sponsor's medical education programs based on the criteria in 
 16.21  this paragraph.  Sponsoring institutions which receive funds 
 16.22  from the trust fund must distribute approved funds to the 
 16.23  medical education program according to the commissioner's 
 16.24  approval letter.  Further, programs must distribute funds among 
 16.25  the sites of training based on the percentage of total program 
 16.26  training performed at each site.  Sponsoring institutions which 
 16.27  fail to distribute funds as directed by the commissioner of 
 16.28  health are required to return the full amount of the MERC trust 
 16.29  fund grant to the MERC trust fund within 30 days of a notice 
 16.30  from the commissioner of health. 
 16.31     (e) Medical education programs receiving funds from the 
 16.32  trust fund must submit annual cost and program reports a MERC 
 16.33  grant verification report (GVR) through the sponsoring 
 16.34  institution based on criteria established by the 
 16.35  commissioner.  If the sponsoring institution fails to submit the 
 16.36  GVR by the stated deadline, or to request and meet the deadline 
 17.1   for an extension, the sponsoring institution is required to 
 17.2   return the full amount of the MERC trust fund grant to the MERC 
 17.3   trust fund within 30 days of a notice from the commissioner of 
 17.4   health.  The reports must include:  
 17.5      (1) the total number of eligible trainees in the program; 
 17.6      (2) the programs and residencies funded, the amounts of 
 17.7   trust fund payments to each program, and within each program, 
 17.8   the percentage dollar amount distributed to each training site; 
 17.9   and 
 17.10     (3) the average cost per trainee and a detailed breakdown 
 17.11  of the components of those costs; 
 17.12     (4) other state or federal appropriations received for the 
 17.13  purposes of clinical training; 
 17.14     (5) other revenue received for the purposes of clinical 
 17.15  training; and 
 17.16     (6) other information the commissioner, with advice from 
 17.17  the advisory committee, deems appropriate to evaluate the 
 17.18  effectiveness of the use of funds for clinical training.  
 17.19     The commissioner, with advice from the advisory committee, 
 17.20  will provide an annual summary report to the legislature on 
 17.21  program implementation due February 15 of each year. 
 17.22     (f) The commissioner is authorized to distribute funds made 
 17.23  available through: 
 17.24     (1) voluntary contributions by employers or other entities; 
 17.25     (2) allocations for the department of human services to 
 17.26  support medical education and research; and 
 17.27     (3) other sources as identified and deemed appropriate by 
 17.28  the legislature for inclusion in the trust fund. 
 17.29     (g) The advisory committee shall continue to study and make 
 17.30  recommendations on:  
 17.31     (1) the funding of medical research consistent with work 
 17.32  currently mandated by the legislature and under way at the 
 17.33  department of health; and 
 17.34     (2) the costs and benefits associated with medical 
 17.35  education and research. 
 17.36     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
 18.1   144.1494, subdivision 1, is amended to read: 
 18.2      Subdivision 1.  [CREATION OF ACCOUNT.] A rural physician 
 18.3   education account is established in the health care access 
 18.4   fund.  The commissioner shall use money from the account to 
 18.5   establish a loan forgiveness program for medical residents 
 18.6   agreeing to practice in designated rural areas, as defined by 
 18.7   the commissioner.  Appropriations made to this account are 
 18.8   available until expended. 
 18.9      Sec. 10.  [144.7011] [FILING FEE; REPORTING.] 
 18.10     Subdivision 1.  [FILING FEES.] When a hospital or 
 18.11  outpatient surgical center submits a report to the commissioner 
 18.12  of health or to a voluntary nonprofit reporting organization 
 18.13  under sections 144.695 to 144.703, the hospital or outpatient 
 18.14  surgical center shall submit to the commissioner a filing fee in 
 18.15  the amount determined under subdivision 2.  Fees received under 
 18.16  this subdivision shall be deposited in the special revenue fund 
 18.17  and are appropriated to the commissioner of health for purposes 
 18.18  of sections 144.695 to 144.703. 
 18.19     Subd. 2.  [FEE DETERMINATION.] The base for calculating the 
 18.20  filing fee under subdivision 1 is the sum of the nonoperating 
 18.21  revenue plus the operating revenue reported by the hospital 
 18.22  under Minnesota Rules, part 4650.0112, for the accounting period 
 18.23  immediately preceding the reporting year for which the fee is 
 18.24  due.  The fee shall be determined as follows: 
 18.25     (1) for a hospital with a base less than or equal to 
 18.26  $12,000,000, the fee is $1,200; 
 18.27     (2) for a hospital with a base greater than $12,000,000 but 
 18.28  less than or equal to $40,000,000, the fee is equal to the base 
 18.29  multiplied by 0.0001; 
 18.30     (3) for a hospital with a base greater than $40,000,000 but 
 18.31  less than or equal to $80,000,000, the fee is equal to $4,000 
 18.32  plus the amount of the base exceeding $40,000,000 multiplied by 
 18.33  0.00009; 
 18.34     (4) for a hospital with a base greater than $80,000,000, 
 18.35  the fee is equal to $7,600 plus the amount of the base exceeding 
 18.36  $80,000,000 multiplied by 0.00008.  The maximum fee shall not 
 19.1   exceed $8,300; 
 19.2      (5) for a hospital that was not in operation and did not 
 19.3   file a report for the accounting period immediately preceding 
 19.4   the reporting year for which the fee is due, the fee is $1,200; 
 19.5   and 
 19.6      (6) for a hospital that was in operation, but failed to 
 19.7   file the report required under this chapter for the accounting 
 19.8   period immediately preceding the reporting year for which the 
 19.9   fee is due, the commissioner shall determine the amount of the 
 19.10  fee after considering one or more of the following factors: 
 19.11     (i) data submitted by the hospital in a previous year; 
 19.12     (ii) data submitted by the hospital on its Medicare cost 
 19.13  report; 
 19.14     (iii) data submitted by the hospital on its audited 
 19.15  financial statement; or 
 19.16     (iv) fees paid by similar hospitals. 
 19.17     Subd. 3.  [STAFF POSITION.] The commissioner shall use 
 19.18  sufficient money from the appropriation under subdivision 1 to 
 19.19  cover the costs of one professional staff position that directly 
 19.20  administers the health care cost information system. 
 19.21     Subd. 4.  [REPORTS FILED WITH COMMISSIONER.] For reports 
 19.22  filed with the commissioner of health, the commissioner shall 
 19.23  use money from the appropriation under subdivision 1 to produce 
 19.24  reports, analyses, and other deliverables related to the 
 19.25  commissioner's data collection and reporting duties.  
 19.26     Subd. 5.  [REPORTS FILED WITH REPORTING ORGANIZATION.] For 
 19.27  reports filed with the voluntary, nonprofit reporting 
 19.28  organization, the commissioner of health shall determine whether 
 19.29  the voluntary, nonprofit reporting organization has met the 
 19.30  obligations of the written operating requirements established 
 19.31  under section 144.702, subdivision 2.  If the commissioner 
 19.32  determines that the obligations have been met, the commissioner 
 19.33  shall make payments from the money appropriated under 
 19.34  subdivision 1 to the voluntary, nonprofit reporting organization 
 19.35  consistent with the written operating requirements.  
 19.36     Subd. 6.  [TERMINATION OR NONRENEWAL OF REPORTING 
 20.1   ORGANIZATION.] Upon the withdrawal of approval of a reporting 
 20.2   organization or the decision of the commissioner to not renew a 
 20.3   reporting organization under section 144.702, subdivision 8, 
 20.4   filing fees reserved for payment to the voluntary, nonprofit 
 20.5   reporting organization under subdivision 5 shall be used by the 
 20.6   commissioner of health to complete the reports, analyses, and 
 20.7   other deliverables that were not completed by the voluntary, 
 20.8   nonprofit reporting organization.  
 20.9      Sec. 11.  Minnesota Statutes 1996, section 144.702, 
 20.10  subdivision 2, is amended to read: 
 20.11     Subd. 2.  [APPROVAL OF ORGANIZATION'S REPORTING PROCEDURES; 
 20.12  WRITTEN OPERATING REQUIREMENTS; RULEMAKING.] (a) The 
 20.13  commissioner of health may approve voluntary reporting 
 20.14  procedures consistent with written operating requirements for 
 20.15  the voluntary, nonprofit reporting organization which shall be 
 20.16  established annually by the commissioner.  These 
 20.17     (b) The written operating requirements shall specify 
 20.18  reports, analyses, and other deliverables to be produced by the 
 20.19  voluntary, nonprofit reporting organization, and the dates on 
 20.20  which those deliverables must be submitted to the commissioner.  
 20.21  These The written operating requirements shall specify 
 20.22  deliverable dates sufficient to enable the commissioner of 
 20.23  health to process and report health care cost information system 
 20.24  data to the commissioner of human services by August 15 of each 
 20.25  year.  
 20.26     (c) The written operating requirements shall specify a 
 20.27  schedule for payments to the voluntary, nonprofit reporting 
 20.28  organization from the money appropriated under section 144.7011, 
 20.29  subdivision 1.  The payments shall be contingent on performance 
 20.30  of deliverables by the voluntary, nonprofit reporting 
 20.31  organization.  
 20.32     (d) The written operating requirements shall ensure that 
 20.33  budgeted costs are reasonably related to the projected total 
 20.34  fees for reports submitted to the voluntary, nonprofit reporting 
 20.35  organization.  
 20.36     (e) The commissioner of health shall, by rule, prescribe 
 21.1   standards for submission of data by hospitals and outpatient 
 21.2   surgical centers to the voluntary, nonprofit reporting 
 21.3   organization or to the commissioner.  These standards shall 
 21.4   provide for: 
 21.5      (a) (1) the filing of appropriate financial information 
 21.6   with the reporting organization; 
 21.7      (b) (2) adequate analysis and verification of that 
 21.8   financial information; and 
 21.9      (c) (3) timely publication of the costs, revenues, and 
 21.10  rates of individual hospitals and outpatient surgical centers 
 21.11  prior to the effective date of any proposed rate increase.  
 21.12     (f) The commissioner of health shall annually review the 
 21.13  procedures approved pursuant to this subdivision. 
 21.14     Sec. 12.  Minnesota Statutes 1996, section 144.702, 
 21.15  subdivision 8, is amended to read: 
 21.16     Subd. 8.  [TERMINATION OR NONRENEWAL OF REPORTING 
 21.17  ORGANIZATION.] (a) The commissioner may withdraw approval of any 
 21.18  voluntary, nonprofit reporting organization for failure on the 
 21.19  part of the voluntary, nonprofit reporting organization to 
 21.20  comply with the written operating requirements under subdivision 
 21.21  2.  Upon the effective date of the withdrawal, all funds 
 21.22  collected by the voluntary, nonprofit reporting organization 
 21.23  under section 144.701, subdivision 4, but not expended shall be 
 21.24  deposited in the general fund. 
 21.25     (b) The commissioner may choose not to renew approval of a 
 21.26  voluntary, nonprofit reporting organization if the organization 
 21.27  has failed to perform its obligations satisfactorily under the 
 21.28  written operating requirements under subdivision 2. 
 21.29     (c) The commissioner shall report the termination or 
 21.30  nonrenewal of the voluntary reporting organization to the chair 
 21.31  of the health and human services finance division of the health 
 21.32  and human services committee of the house of representatives, to 
 21.33  the chair of the health and family security budget division of 
 21.34  the health and family security committee of the senate, and to 
 21.35  the commissioner of finance.  
 21.36     Sec. 13.  Minnesota Statutes 1996, section 145.9265, is 
 22.1   amended to read: 
 22.2      145.9265 [FETAL ALCOHOL SYNDROME AND EFFECTS AND 
 22.3   DRUG-EXPOSED INFANT PREVENTION.] 
 22.4      Subdivision 1.  [COORDINATED PREVENTION EFFORT; DUTIES.] 
 22.5   The commissioner of health, in coordination with the 
 22.6   commissioner of children, families, and learning and the 
 22.7   commissioner of human services, shall design and implement a 
 22.8   coordinated prevention effort to reduce the rates of fetal 
 22.9   alcohol syndrome and fetal alcohol effects, and reduce the 
 22.10  number of drug-exposed infants.  The commissioner shall: 
 22.11     (1) conduct research to determine the most effective 
 22.12  methods of preventing fetal alcohol syndrome, fetal alcohol 
 22.13  effects, and drug-exposed infants and to determine the best 
 22.14  methods for collecting information on the incidence and 
 22.15  prevalence of these problems in Minnesota; 
 22.16     (2) provide training on effective prevention methods to 
 22.17  health care professionals and human services workers; and 
 22.18     (3) operate a statewide media campaign focused on reducing 
 22.19  the incidence of fetal alcohol syndrome and fetal alcohol 
 22.20  effects, and reducing the number of drug-exposed infants. 
 22.21     Subd. 2.  [FETAL ALCOHOL COORDINATING BOARD; DUTIES.] (a) A 
 22.22  fetal alcohol coordinating board is created.  Members of the 
 22.23  board shall include the commissioners of health, human services, 
 22.24  corrections, public safety, and children, families, and 
 22.25  learning, and the director of the office of strategic and 
 22.26  long-range planning.  In addition, the governor shall appoint 
 22.27  five members from the general public to the board.  Terms, 
 22.28  compensation, removal, and filling of vacancies shall be 
 22.29  according to section 15.0575.  The board shall elect a chair to 
 22.30  serve a term of one year.  Staff and consultant support for the 
 22.31  board shall be provided by the department of health.  This 
 22.32  support shall be provided based on an annual budget and work 
 22.33  plan developed by the board.  The board shall contract with the 
 22.34  department of health for administrative services necessary to 
 22.35  the board's activities.  Administrative services include 
 22.36  personnel, budget, payroll, and contract administration.  The 
 23.1   board shall adopt an annual budget and work program.  
 23.2      (b) Board duties include:  
 23.3      (1) reviewing programs of state agencies that involve fetal 
 23.4   alcohol syndrome and coordinating those that are 
 23.5   interdepartmental in nature; 
 23.6      (2) providing an integrated and comprehensive approach to 
 23.7   fetal alcohol syndrome prevention and intervention strategies 
 23.8   both at a local and statewide level; and 
 23.9      (3) submitting a report to the governor on January 15 of 
 23.10  every odd-numbered year summarizing board operations, 
 23.11  activities, findings, and recommendations, and include fetal 
 23.12  alcohol syndrome activities throughout the state. 
 23.13     Subd. 3.  [FEDERAL FUNDS; CONTRACTS; DONATIONS.] The board 
 23.14  may apply for, receive, and disburse federal funds made 
 23.15  available to the state by federal law or rules promulgated for 
 23.16  any purpose related to the powers and duties of the board.  The 
 23.17  board shall comply with any requirements of federal law, rules, 
 23.18  and regulations in order to apply for, receive, and disburse 
 23.19  funds.  The board may contract with or provide grants to public 
 23.20  and private nonprofit entities.  The board is authorized to 
 23.21  accept any donations or grants from any public or private 
 23.22  concern.  Money received by the board must be deposited in a 
 23.23  separate account in the state treasury and invested by the state 
 23.24  board of investment.  The amount deposited, including investment 
 23.25  earnings, is appropriated to the board to carry out its duties.  
 23.26  Money deposited in the state treasury shall not cancel.  
 23.27     Sec. 14.  Minnesota Statutes 1996, section 157.15, is 
 23.28  amended by adding a subdivision to read: 
 23.29     Subd. 3a.  [CORE FUNCTION.] "Core function" means basic 
 23.30  information, training, and technical assistance services 
 23.31  provided by the state department of health to licensees and 
 23.32  local public health agencies for the protection of public 
 23.33  health.  Core functions include, but are not limited to, the 
 23.34  procedures for and control of safe handling and preparation of 
 23.35  food, inspection protocol training, and dissemination of 
 23.36  information for steps that licensees can take to protect public 
 24.1   health. 
 24.2      Sec. 15.  Minnesota Statutes 1996, section 157.15, 
 24.3   subdivision 9, is amended to read: 
 24.4      Subd. 9.  [MOBILE FOOD UNIT.] "Mobile food unit" means a 
 24.5   food and beverage service establishment that is a vehicle 
 24.6   mounted unit, either motorized or trailered, operating no more 
 24.7   than 14 21 days annually at any one place or is operated in 
 24.8   conjunction with a permanent business licensed under this 
 24.9   chapter or chapter 28A at the site of the permanent business by 
 24.10  the same individual or company, and readily movable, without 
 24.11  disassembling, for transport to another location. 
 24.12     Sec. 16.  Minnesota Statutes 1996, section 157.15, is 
 24.13  amended by adding a subdivision to read: 
 24.14     Subd. 9a.  [ESTABLISHMENT OPERATOR.] "Establishment 
 24.15  operator" means a person who has one or more licenses listed in 
 24.16  section 157.16, subdivision 3a, that are issued for the same or 
 24.17  adjoining locations. 
 24.18     Sec. 17.  Minnesota Statutes 1996, section 157.15, 
 24.19  subdivision 10, is amended to read: 
 24.20     Subd. 10.  [PERSON.] "Person" has the meaning given in 
 24.21  section 103I.005, subdivision 16. means an individual, body, 
 24.22  board, corporation, partnership, proprietorship, joint venture, 
 24.23  fund, authority, or similar entity.  This term also applies to 
 24.24  the state, its political subdivisions, and any boards, 
 24.25  commissions, schools, institutions, or authorities created or 
 24.26  recognized by them. 
 24.27     Sec. 18.  Minnesota Statutes 1996, section 157.15, 
 24.28  subdivision 12, is amended to read: 
 24.29     Subd. 12.  [RESTAURANT.] "Restaurant" means a food and 
 24.30  beverage service establishment, whether the establishment serves 
 24.31  alcoholic or nonalcoholic beverages, which operates from a 
 24.32  location for more than 14 21 days annually.  Restaurant does not 
 24.33  include a food cart or a mobile food unit. 
 24.34     Sec. 19.  Minnesota Statutes 1996, section 157.15, 
 24.35  subdivision 12a, is amended to read: 
 24.36     Subd. 12a.  [SEASONAL PERMANENT FOOD STAND.] "Seasonal 
 25.1   permanent food stand" means a food and beverage service 
 25.2   establishment which is a permanent food service stand or 
 25.3   building, but which operates no more than 14 21 days annually. 
 25.4      Sec. 20.  Minnesota Statutes 1996, section 157.15, 
 25.5   subdivision 13, is amended to read: 
 25.6      Subd. 13.  [SEASONAL TEMPORARY FOOD STAND.] "Seasonal 
 25.7   temporary food stand" means a food and beverage service 
 25.8   establishment that is a food stand which is disassembled and 
 25.9   moved from location to location, but which operates no more than 
 25.10  14 21 days annually at any one location. 
 25.11     Sec. 21.  Minnesota Statutes 1996, section 157.15, 
 25.12  subdivision 14, is amended to read: 
 25.13     Subd. 14.  [SPECIAL EVENT FOOD STAND.] "Special event food 
 25.14  stand" means a food and beverage service establishment which is 
 25.15  used in conjunction with celebrations and special events, and 
 25.16  which operates once or twice no more than three times annually 
 25.17  for no more than seven ten total days. 
 25.18     Sec. 22.  Minnesota Statutes 1997 Supplement, section 
 25.19  157.16, subdivision 3, is amended to read: 
 25.20     Subd. 3.  [ESTABLISHMENT FEES; DEFINITIONS.] (a) The 
 25.21  following fees are required for food and beverage service 
 25.22  establishments, hotels, motels, lodging establishments, and 
 25.23  resorts licensed under this chapter.  Food and beverage service 
 25.24  establishments must pay the highest applicable fee under 
 25.25  paragraph (e), clause (1), (2), (3), or (4), and establishments 
 25.26  serving alcohol must pay the highest applicable fee under 
 25.27  paragraph (e), clause (6) or (7). 
 25.28     (b) All food and beverage service establishments, except 
 25.29  special event food stands, and all hotels, motels, lodging 
 25.30  establishments, and resorts shall pay an annual base fee of $100.
 25.31     (c) A special event food stand shall pay a flat fee 
 25.32  of $60 $30 annually.  "Special event food stand" means a fee 
 25.33  category where food is prepared or served in conjunction with 
 25.34  celebrations, county fairs, or special events from a special 
 25.35  event food stand as defined in section 157.15. 
 25.36     (d) A special event food stand-limited shall pay a flat fee 
 26.1   of $30. 
 26.2      (e) In addition to the base fee in paragraph (b), each food 
 26.3   and beverage service establishment, other than a special event 
 26.4   food stand, and each hotel, motel, lodging establishment, and 
 26.5   resort shall pay an additional annual fee for each fee category 
 26.6   as specified in this paragraph: 
 26.7      (1) Limited food menu selection, $30.  "Limited food menu 
 26.8   selection" means a fee category that provides one or more of the 
 26.9   following: 
 26.10     (i) prepackaged food that receives heat treatment and is 
 26.11  served in the package; 
 26.12     (ii) frozen pizza that is heated and served; 
 26.13     (iii) a continental breakfast such as rolls, coffee, juice, 
 26.14  milk, and cold cereal; 
 26.15     (iv) soft drinks, coffee, or nonalcoholic beverages; or 
 26.16     (v) cleaning for eating, drinking, or cooking utensils, 
 26.17  when the only food served is prepared off site. 
 26.18     (2) Small establishment, including boarding establishments, 
 26.19  $55.  "Small establishment" means a fee category that has no 
 26.20  salad bar and meets one or more of the following: 
 26.21     (i) possesses food service equipment that consists of no 
 26.22  more than a deep fat fryer, a grill, two hot holding containers, 
 26.23  and one or more microwave ovens; 
 26.24     (ii) serves dipped ice cream or soft serve frozen desserts; 
 26.25     (iii) serves breakfast in an owner-occupied bed and 
 26.26  breakfast establishment; 
 26.27     (iv) is a boarding establishment; or 
 26.28     (v) meets the equipment criteria in clause (3), item (i) or 
 26.29  (ii), and has a maximum patron seating capacity of not more than 
 26.30  50.  
 26.31     (3) Medium establishment, $150.  "Medium establishment" 
 26.32  means a fee category that meets one or more of the following: 
 26.33     (i) possesses food service equipment that includes a range, 
 26.34  oven, steam table, salad bar, or salad preparation area; 
 26.35     (ii) possesses food service equipment that includes more 
 26.36  than one deep fat fryer, one grill, or two hot holding 
 27.1   containers; or 
 27.2      (iii) is an establishment where food is prepared at one 
 27.3   location and served at one or more separate locations. 
 27.4      Establishments meeting criteria in clause (2), item (v), 
 27.5   are not included in this fee category.  
 27.6      (4) Large establishment, $250.  "Large establishment" means 
 27.7   either: 
 27.8      (i) a fee category that (A) meets the criteria in clause 
 27.9   (3), items (i) or (ii), for a medium establishment, (B) seats 
 27.10  more than 175 people, and (C) offers the full menu selection an 
 27.11  average of five or more days a week during the weeks of 
 27.12  operation; or 
 27.13     (ii) a fee category that (A) meets the criteria in clause 
 27.14  (3), item (iii), for a medium establishment, and (B) prepares 
 27.15  and serves 500 or more meals per day. 
 27.16     (5) Other food and beverage service, including food carts, 
 27.17  mobile food units, seasonal temporary food stands, and seasonal 
 27.18  permanent food stands, $30. 
 27.19     (6) Beer or wine table service, $30.  "Beer or wine table 
 27.20  service" means a fee category where the only alcoholic beverage 
 27.21  service is beer or wine, served to customers seated at tables. 
 27.22     (7) Alcoholic beverage service, other than beer or wine 
 27.23  table service, $75. 
 27.24     "Alcohol beverage service, other than beer or wine table 
 27.25  service" means a fee category where alcoholic mixed drinks are 
 27.26  served or where beer or wine are served from a bar. 
 27.27     (8) Lodging per sleeping accommodation unit, $4, including 
 27.28  hotels, motels, lodging establishments, and resorts, up to a 
 27.29  maximum of $400.  "Lodging per sleeping accommodation unit" 
 27.30  means a fee category including the number of guest rooms, 
 27.31  cottages, or other rental units of a hotel, motel, lodging 
 27.32  establishment, or resort; or the number of beds in a dormitory. 
 27.33     (9) First public swimming pool, $100; each additional 
 27.34  public swimming pool, $50.  "Public swimming pool" means a fee 
 27.35  category that has the meaning given in Minnesota Rules, part 
 27.36  4717.0250, subpart 8. 
 28.1      (10) First spa, $50; each additional spa, $25.  "Spa pool" 
 28.2   means a fee category that has the meaning given in Minnesota 
 28.3   Rules, part 4717.0250, subpart 9. 
 28.4      (11) Private sewer or water, $30.  "Individual private 
 28.5   water" means a fee category with a water supply other than a 
 28.6   community public water supply as defined in Minnesota Rules, 
 28.7   chapter 4720.  "Individual private sewer" means a fee category 
 28.8   with an individual sewage treatment system which uses subsurface 
 28.9   treatment and disposal. 
 28.10     (f) (e) A fee is not required for a food and beverage 
 28.11  service establishment operated by a school as defined in 
 28.12  sections 120.05 and 120.101. 
 28.13     (g) (f) A fee of $150 for review of the construction plans 
 28.14  must accompany the initial license application for food and 
 28.15  beverage service establishments, hotels, motels, lodging 
 28.16  establishments, or resorts. 
 28.17     (h) (g) When existing food and beverage service 
 28.18  establishments, hotels, motels, lodging establishments, or 
 28.19  resorts are extensively remodeled, a fee of $150 must be 
 28.20  submitted with the remodeling plans. 
 28.21     (i) (h) Seasonal temporary food stands, and special event 
 28.22  food stands, and special event food stands-limited are not 
 28.23  required to submit construction or remodeling plans for review. 
 28.24     Sec. 23.  Minnesota Statutes 1996, section 157.16, is 
 28.25  amended by adding a subdivision to read: 
 28.26     Subd. 3a.  [CORE FUNCTION FEE.] (a) The commissioner shall 
 28.27  require the collection of a $25 annual core function fee from 
 28.28  each establishment operator.  The core function fee applies when 
 28.29  there is a licensed: 
 28.30     (1) boarding establishment, restaurant, seasonal food 
 28.31  stand, temporary food stand, mobile food unit, or food cart; 
 28.32     (2) resort, hotel or motel, or lodging establishment; or 
 28.33     (3) manufactured home park or recreational camping area as 
 28.34  defined in section 327.14. 
 28.35     (b) When a core function fee is imposed it shall be 
 28.36  collected by the public agency issuing the license or licenses 
 29.1   to the establishment operator.  Each city, county, or board of 
 29.2   health that collects core function fees must remit the proceeds 
 29.3   of the fees to the commissioner on dates determined by the 
 29.4   commissioner.  Failure of a city, county, or board of health to 
 29.5   remit core function fees within 30 days of when due incurs a 
 29.6   five percent penalty for every 30 days the fees are not remitted 
 29.7   to the commissioner. 
 29.8      Sec. 24.  [REPEALER.] 
 29.9      Minnesota Statutes 1996, sections 144.701, subdivision 4; 
 29.10  144.702, subdivision 7; and 157.15, subdivision 15, are repealed.
 29.11     Sec. 25.  [EFFECTIVE DATE.] 
 29.12     Sections 1 to 3 are effective the day following final 
 29.13  enactment.  Section 23 is effective January 1, 1999.