HF 2832

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2016 03:10pm

A bill for an act
relating to state government; creating a Health and Human Services Coordinating
and Financing Board to coordinate health and human services programs;
restructuring the Department of Human Services by establishing a Department
of Health Care Services, Department of Forensic Services, Department of
Direct Care Services, and Office of Eligibility Services; transferring duties from
the Department of Human Services and other state agencies to the new state
agencies and office; transferring other duties among state agencies; requiring a
report; amending Minnesota Statutes 2014, sections 15.01; 15.06, subdivision 1;
15A.0815, subdivision 2; 43A.08, subdivision 1a; 299A.015; proposing coding
for new law in Minnesota Statutes, chapters 60A; 144A; 256; proposing coding
for new law as Minnesota Statutes, chapters 246C; 246D; 256R; 256S.

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

ARTICLE 1

HEALTH AND HUMAN SERVICES COORDINATING AND FINANCING BOARD

Section 1.

new text begin [256.0165] HEALTH AND HUMAN SERVICES COORDINATING
AND FINANCING BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; duties. new text end

new text begin The governor shall establish a Health and
Human Services Coordinating and Financing Board. The board shall coordinate the
implementation, administration, and financing of health and human services programs and
initiatives that are managed by, or impact, multiple state and county agencies, to:
new text end

new text begin (1) deliver state and county services more effectively and efficiently, improve service
integration, and reduce duplication of services;
new text end

new text begin (2) set funding and outcome priorities for programs and initiatives that are managed
by, or impact, multiple state and county agencies, and allocate federal, state, and local
funds across these programs, initiatives, and agencies, according to these priorities;
new text end

new text begin (3) improve responsiveness to consumer needs and concerns, and improve the
consumer experience;
new text end

new text begin (4) address problems in service delivery and service quality promptly and
effectively; and
new text end

new text begin (5) reduce state and county administrative costs.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The board is comprised of:
new text end

new text begin (1) the commissioners of commerce, direct care services, employment and economic
development, forensic services, health, health care services, human services, and public
safety;
new text end

new text begin (2) the director of the Office of Eligibility Services; and
new text end

new text begin (3) three county representatives, with one member representing a large county, one
representing an intermediate county, and one representing a small county by population,
appointed by the governor upon the recommendation of the Association of Minnesota
Counties.
new text end

new text begin Subd. 3. new text end

new text begin Governance. new text end

new text begin (a) The commissioners of health care services and health
shall serve as cochairs. The board is governed by section 15.0575. The board shall meet at
least monthly.
new text end

new text begin (b) The board shall appoint an executive director, who shall serve in the unclassified
service. The constituent state and county agencies shall, using existing resources, make
staff available to the board who shall serve under the executive director.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

ARTICLE 2

DEPARTMENT OF HEALTH CARE SERVICES

Section 1.

Minnesota Statutes 2014, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government:
the Department of Administration; the Department of Agriculture; the Department of
Commerce; the Department of Corrections; the Department of Education; the Department
of Employment and Economic Development; the Department of Health; new text begin the Department
of Health Care Services; new text end the Department of Human Rights; new text begin the Department of Human
Services; new text end the Department of Labor and Industry; the Department of Management and
Budget; the Department of Military Affairs; the Department of Natural Resources; the
Department of Public Safety; deleted text begin the Department of Human Services; deleted text end the Department of
Revenue; the Department of Transportation; the Department of Veterans Affairs; and
their successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2014, section 15.06, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administration deleted text begin , deleted text end new text begin ; new text end Agriculture deleted text begin , deleted text end new text begin ; new text end Commerce deleted text begin , deleted text end new text begin ; new text end Corrections deleted text begin , deleted text end new text begin ; new text end
Education deleted text begin , deleted text end new text begin ; new text end Employment and Economic Development deleted text begin , deleted text end new text begin ; new text end Health deleted text begin , deleted text end new text begin ; Health Care Services; new text end
Human Rights deleted text begin , deleted text end new text begin ; Human Services; new text end Labor and Industry deleted text begin , deleted text end new text begin ; new text end Management and Budget deleted text begin , deleted text end new text begin ; new text end Natural
Resources deleted text begin , deleted text end new text begin ; new text end Public Safety deleted text begin , Human Services, deleted text end new text begin ; new text end Revenue deleted text begin , deleted text end new text begin ; new text end Transportation deleted text begin , deleted text end new text begin ; new text end and Veterans
Affairs; the Housing Finance and Pollution Control Agencies; the Office of Commissioner
of Iron Range Resources and Rehabilitation; the Office of MN.IT Services; the Bureau
of Mediation Services; and their successor departments and agencies. The heads of the
foregoing departments or agencies are "commissioners."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2014, section 15A.0815, subdivision 2, is amended to read:

Subd. 2.

Group I salary limits.

The salary for a position listed in this subdivision
shall not exceed 133 percent of the salary of the governor. This limit must be adjusted
annually on January 1. The new limit must equal the limit for the prior year increased
by the percentage increase, if any, in the Consumer Price Index for all urban consumers
from October of the second prior year to October of the immediately prior year. The
commissioner of management and budget must publish the limit on the department's Web
site. This subdivision applies to the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of health;

new text begin Commissioner of health care services;
new text end

Commissioner, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Executive director, Public Employees Retirement Association;

Commissioner of public safety;

Commissioner of revenue;

Executive director, State Retirement System;

Executive director, Teachers Retirement Association;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2014, section 43A.08, subdivision 1a, is amended to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the
following agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
Education; Employment and Economic Development; Explore Minnesota Tourism;
Management and Budget; Health; new text begin Health Care Services; new text end Human Rights; new text begin Human Services;
new text end Labor and Industry; Natural Resources; Public Safety; deleted text begin Human Services; deleted text end Revenue;
Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies;
the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the
Office of MN.IT Services; the Offices of the Attorney General, Secretary of State, and State
Auditor; the Minnesota State Colleges and Universities; the Minnesota Office of Higher
Education; the Perpich Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating
specifically to that agency;

(2) the person occupying the position would report directly to the agency head or
deputy agency head and would be designated as part of the agency head's management
team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or
other technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant
to the agency head; and

(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 5.

new text begin [256R.01] DEPARTMENT OF HEALTH CARE SERVICES.
new text end

new text begin The Department of Health Care Services is created. The governor shall appoint
the commissioner of health care services under section 15.06. The commissioner shall
administer:
new text end

new text begin (1) the medical assistance program under chapters 256 and 256B;
new text end

new text begin (2) the MinnesotaCare program under chapter 256L;
new text end

new text begin (3) mental health and chemical dependency services under chapters 245, 253C,
254A, and 254B;
new text end

new text begin (4) services for the elderly under chapters 256 and 256B;
new text end

new text begin (5) services for persons with disabilities under chapters 245D, 248, 252, 256C,
and 256Q; and
new text end

new text begin (6) health care quality, health care analysis, health economics, and related data
collection initiatives under chapters 62J, 62U, and 144.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 6.

new text begin [256R.05] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end

new text begin (b) The commissioner of administration, with the approval of the governor, may
issue reorganization orders under section 16B.37 as necessary to carry out the transfer of
duties required by this chapter. The provision of section 16B.37, subdivision 1, stating that
transfers under section 16B.37 may be made only to an agency that has been in existence
for at least one year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The initial salary for the commissioner of health care services is the same as the
salary for the commissioner of health. The salary may be changed in the manner specified
in section 15A.0815.
new text end

new text begin (d) The commissioner of management and budget must ensure that the aggregate
cost for the commissioner of health care services is not more than the aggregate cost of the
primary executives in the Department of Human Services and the Department of Health
responsible for management of health care services immediately before the effective
date of this chapter.
new text end

new text begin (e) For an employee affected by the transfer of duties required by this chapter,
the seniority accrued by the employee at the employee's former agency transfers to the
employee's new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 7. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research
Department; House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal
Analysis; and the respective departments shall prepare legislation for introduction in the
2017 legislative session proposing the statutory changes needed to implement the transfers
of duties required by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

ARTICLE 3

DEPARTMENT OF FORENSIC SERVICES

Section 1.

Minnesota Statutes 2014, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government:
the Department of Administration; the Department of Agriculture; the Department of
Commerce; the Department of Corrections; the Department of Education; the Department
of Employment and Economic Development; new text begin the Department of Forensic Services; new text end the
Department of Health; the Department of Human Rights; new text begin the Department of Human
Services; new text end the Department of Labor and Industry; the Department of Management and
Budget; the Department of Military Affairs; the Department of Natural Resources; the
Department of Public Safety; deleted text begin the Department of Human Services; deleted text end the Department of
Revenue; the Department of Transportation; the Department of Veterans Affairs; and
their successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2014, section 15.06, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administration deleted text begin , deleted text end new text begin ; new text end Agriculture deleted text begin , deleted text end new text begin ; new text end Commerce deleted text begin , deleted text end new text begin ; new text end Corrections deleted text begin , deleted text end new text begin ; new text end
Education deleted text begin , deleted text end new text begin ; new text end Employment and Economic Development deleted text begin , deleted text end new text begin ; Forensic Services; new text end Health deleted text begin , deleted text end new text begin ; new text end
Human Rights deleted text begin , deleted text end new text begin ; Human Services; new text end Labor and Industry deleted text begin , deleted text end new text begin ; new text end Management and Budget deleted text begin , deleted text end new text begin ; new text end Natural
Resources deleted text begin , deleted text end new text begin ; new text end Public Safety deleted text begin , Human Services, deleted text end new text begin ; new text end Revenue deleted text begin , deleted text end new text begin ; new text end Transportation deleted text begin , deleted text end new text begin ; new text end and Veterans
Affairs; the Housing Finance and Pollution Control Agencies; the Office of Commissioner
of Iron Range Resources and Rehabilitation; the Office of MN.IT Services; the Bureau
of Mediation Services; and their successor departments and agencies. The heads of the
foregoing departments or agencies are "commissioners."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2014, section 15A.0815, subdivision 2, is amended to read:

Subd. 2.

Group I salary limits.

The salary for a position listed in this subdivision
shall not exceed 133 percent of the salary of the governor. This limit must be adjusted
annually on January 1. The new limit must equal the limit for the prior year increased
by the percentage increase, if any, in the Consumer Price Index for all urban consumers
from October of the second prior year to October of the immediately prior year. The
commissioner of management and budget must publish the limit on the department's Web
site. This subdivision applies to the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

new text begin Commissioner of forensic services;
new text end

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Executive director, Public Employees Retirement Association;

Commissioner of public safety;

Commissioner of revenue;

Executive director, State Retirement System;

Executive director, Teachers Retirement Association;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2014, section 43A.08, subdivision 1a, is amended to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the
following agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
Education; Employment and Economic Development; Explore Minnesota Tourism;
new text begin Forensic Services; new text end Management and Budget; Health; Human Rights; new text begin Human Services;
new text end Labor and Industry; Natural Resources; Public Safety; deleted text begin Human Services; deleted text end Revenue;
Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies;
the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the
Office of MN.IT Services; the Offices of the Attorney General, Secretary of State, and State
Auditor; the Minnesota State Colleges and Universities; the Minnesota Office of Higher
Education; the Perpich Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating
specifically to that agency;

(2) the person occupying the position would report directly to the agency head or
deputy agency head and would be designated as part of the agency head's management
team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or
other technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant
to the agency head; and

(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 5.

new text begin [246C.01] DEPARTMENT OF FORENSIC SERVICES.
new text end

new text begin (a) The Department of Forensic Services is created. The governor shall appoint the
commissioner of forensic services under section 15.06. The commissioner shall create and
maintain forensic services programs. Forensic services shall be provided in coordination
with counties and other vendors. Forensic services shall include specialized inpatient
programs at secure treatment facilities as defined in sections 253B.02, subdivision 18a,
and 253D.02, subdivision 13; community preparation services; consultative services;
aftercare services; community-based services and programs; transition services; nursing
home services; or other services consistent with the mission of the Department of Forensic
Services.
new text end

new text begin (b) "Community preparation services" means specialized inpatient or outpatient
services or programs that are operated outside of a secure environment but administered
by a secure treatment facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 6.

new text begin [246C.05] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end

new text begin (b) The commissioner of administration, with the approval of the governor, may
issue reorganization orders under section 16B.37 as necessary to carry out the transfer of
duties required by this chapter. The provision of section 16B.37, subdivision 1, stating that
transfers under section 16B.37 may be made only to an agency that has been in existence
for at least one year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The initial salary for the commissioner of forensic services is the same as the
salary for the commissioner of health. The salary may be changed in the manner specified
in section 15A.0815.
new text end

new text begin (d) The commissioner of management and budget must ensure that the aggregate
cost for the commissioner of forensic services is not more than the aggregate cost of the
primary executives in the Department of Human Services responsible for management of
forensic services immediately before the effective date of this chapter.
new text end

new text begin (e) For an employee affected by the transfer of duties required by this chapter,
the seniority accrued by the employee at the employee's former agency transfers to the
employee's new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 7. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research
Department; House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal
Analysis; and the respective departments shall prepare legislation for introduction in the
2017 legislative session proposing the statutory changes needed to implement the transfers
of duties required by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

ARTICLE 4

DEPARTMENT OF DIRECT CARE SERVICES

Section 1.

Minnesota Statutes 2014, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government:
the Department of Administration; the Department of Agriculture; the Department of
Commerce; the Department of Corrections; new text begin the Department of Direct Care Services; new text end the
Department of Education; the Department of Employment and Economic Development;
the Department of Health; the Department of Human Rights; new text begin the Department of Human
Services; new text end the Department of Labor and Industry; the Department of Management and
Budget; the Department of Military Affairs; the Department of Natural Resources; the
Department of Public Safety; deleted text begin the Department of Human Services; deleted text end the Department of
Revenue; the Department of Transportation; the Department of Veterans Affairs; and
their successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2014, section 15.06, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administration deleted text begin , deleted text end new text begin ; new text end Agriculture deleted text begin , deleted text end new text begin ; new text end Commerce deleted text begin , deleted text end new text begin ; new text end Corrections deleted text begin , deleted text end new text begin ; new text end
new text begin Direct Care Services; new text end Education deleted text begin , deleted text end new text begin ; new text end Employment and Economic Development deleted text begin , deleted text end new text begin ; new text end Health deleted text begin , deleted text end new text begin ; new text end
Human Rights deleted text begin , deleted text end new text begin ; Human Services; new text end Labor and Industry deleted text begin , deleted text end new text begin ; new text end Management and Budget deleted text begin , deleted text end new text begin ; new text end Natural
Resources deleted text begin , deleted text end new text begin ; new text end Public Safety deleted text begin , Human Services, deleted text end new text begin ; new text end Revenue deleted text begin , deleted text end new text begin ; new text end Transportation deleted text begin , deleted text end new text begin ; new text end and Veterans
Affairs; the Housing Finance and Pollution Control Agencies; the Office of Commissioner
of Iron Range Resources and Rehabilitation; the Office of MN.IT Services; the Bureau
of Mediation Services; and their successor departments and agencies. The heads of the
foregoing departments or agencies are "commissioners."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2014, section 15A.0815, subdivision 2, is amended to read:

Subd. 2.

Group I salary limits.

The salary for a position listed in this subdivision
shall not exceed 133 percent of the salary of the governor. This limit must be adjusted
annually on January 1. The new limit must equal the limit for the prior year increased
by the percentage increase, if any, in the Consumer Price Index for all urban consumers
from October of the second prior year to October of the immediately prior year. The
commissioner of management and budget must publish the limit on the department's Web
site. This subdivision applies to the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

new text begin Commissioner of direct care services;
new text end

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Executive director, Public Employees Retirement Association;

Commissioner of public safety;

Commissioner of revenue;

Executive director, State Retirement System;

Executive director, Teachers Retirement Association;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2014, section 43A.08, subdivision 1a, is amended to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the
following agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
new text begin Direct Care Services; new text end Education; Employment and Economic Development; Explore
Minnesota Tourism; Management and Budget; Health; Human Rights; new text begin Human Services;
new text end Labor and Industry; Natural Resources; Public Safety; deleted text begin Human Services; deleted text end Revenue;
Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies;
the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the
Office of MN.IT Services; the Offices of the Attorney General, Secretary of State, and State
Auditor; the Minnesota State Colleges and Universities; the Minnesota Office of Higher
Education; the Perpich Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating
specifically to that agency;

(2) the person occupying the position would report directly to the agency head or
deputy agency head and would be designated as part of the agency head's management
team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or
other technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant
to the agency head; and

(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 5.

new text begin [246D.01] DEPARTMENT OF DIRECT CARE SERVICES.
new text end

new text begin The Department of Direct Care Services is created. The governor shall appoint the
commissioner of direct care services under section 15.06. The commissioner shall develop
and maintain direct care services in a manner consistent with sections 245.461 and 245.487
and chapters 246, 252, 253, 254A, and 254B. Direct care services shall be provided
in coordination with counties and other vendors. Direct care services shall include
regional treatment centers, enterprise services, community-based services and programs,
community preparation services, consultative services, and other services consistent with
the mission of the Department of Direct Care Services. These services shall include
crisis beds, waivered homes, intermediate care facilities, and day training and habilitation
facilities. The administrative structure of direct care services must be statewide in character.
The direct care services staff may deliver services at any location throughout the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 6.

new text begin [246D.05] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end

new text begin (b) The commissioner of administration, with the approval of the governor, may
issue reorganization orders under section 16B.37 as necessary to carry out the transfer of
duties required by this chapter. The provision of section 16B.37, subdivision 1, stating that
transfers under section 16B.37 may be made only to an agency that has been in existence
for at least one year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The initial salary for the commissioner of direct care services is the same as the
salary for the commissioner of health. The salary may be changed in the manner specified
in section 15A.0815.
new text end

new text begin (d) The commissioner of management and budget must ensure that the aggregate
cost for the commissioner of direct care services is not more than the aggregate cost of the
primary executives in the Department of Human Services responsible for management of
direct care services immediately before the effective date of this chapter.
new text end

new text begin (e) For an employee affected by the transfer of duties required by this chapter,
the seniority accrued by the employee at the employee's former agency transfers to the
employee's new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 7. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research
Department; House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal
Analysis; and the respective departments shall prepare legislation for introduction in the
2017 legislative session proposing the statutory changes needed to implement the transfers
of duties required by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

ARTICLE 5

OFFICE OF ELIGIBILITY SERVICES

Section 1.

new text begin [256S.01] OFFICE OF ELIGIBILITY SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin A state Office of Eligibility Services is created.
new text end

new text begin Subd. 2. new text end

new text begin Director. new text end

new text begin (a) The office shall be under the direction of a director who
shall be appointed by the governor, with the advice and consent of the senate, for a term
ending on June 30 of the sixth calendar year after appointment. Senate confirmation of
the director shall be as provided by section 15.066. The director shall appoint deputies
to serve in the office as necessary to fulfill the duties of the office. The director may
delegate to a subordinate employee the exercise of a specified statutory power or duty,
subject to the control of the director. Every delegation must be by written order filed
with the secretary of state.
new text end

new text begin (b) The director shall be in the unclassified service, but may be removed only for
cause.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The director of eligibility services shall determine initial and
ongoing client eligibility, and act on client appeals, for:
new text end

new text begin (1) social service and income assistance programs administered under chapters
119B, 256, 256D, 256E, 256F, 256I, 256J, 256K, 256N, and 256P;
new text end

new text begin (2) mental health and chemical dependency programs administered under chapters
245, 253C, 254A, and 254B;
new text end

new text begin (3) health care programs administered under chapters 256, 256B, and 256L;
new text end

new text begin (4) programs for persons with disabilities administered under chapters 245D, 248,
252, 256C, and 256Q;
new text end

new text begin (5) student higher education grant, loan, and assistance programs administered
under chapter 136A;
new text end

new text begin (6) student prekindergarten through grade 12 scholarship, nutrition, and assistance
programs administered under chapters 119A and 120A to 127A; and
new text end

new text begin (7) housing assistance programs administered under chapters 462A and 462C.
new text end

new text begin (b) The director of eligibility services shall work with the commissioners of the
relevant state agencies and directors of relevant local agencies to coordinate eligibility
determination for the programs listed in paragraph (a) with program operations, and to
streamline, simplify, and consolidate the application and renewal process for persons
seeking or receiving assistance through the programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 2.

new text begin [256S.05] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end

new text begin (b) The commissioner of administration, with approval of the governor, may issue
reorganization orders under section 16B.37 as necessary to carry out the transfer of duties
required by this chapter. The provision of section 16B.37, subdivision 1, stating that
transfers under that section may be made only to an agency that has been in existence for
at least one year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The commissioner of management and budget must ensure that the aggregate
cost for the director of the Office of Eligibility Services is not more than the aggregate cost
of the primary executives in state agencies responsible for client eligibility determinations
and client appeals immediately before the effective date of this chapter.
new text end

new text begin (d) For an employee affected by the transfer of duties required by this chapter,
the seniority accrued by the employee at the employee's former agency transfers to the
employee's new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research
Department; House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal
Analysis; and the respective departments shall prepare legislation for introduction in the
2017 legislative session proposing the statutory changes needed to implement the transfers
of duties required by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

ARTICLE 6

TRANSFER OF DUTIES

Section 1.

new text begin [60A.033] DUTIES TRANSFERRED FROM ANOTHER AGENCY.
new text end

new text begin (a) The following powers and duties of the Department of Health are transferred to
the Department of Commerce under section 15.039:
new text end

new text begin (1) regulation of health maintenance organizations and community integrated service
networks, including regulation of enrollee appeal and complaint resolution processes;
new text end

new text begin (2) regulation of county-based purchasing plans and utilization review organizations;
new text end

new text begin (3) certification of health care provider network adequacy in health plans; and
new text end

new text begin (4) health plan quality assurance and performance measurement activities.
new text end

new text begin (b) For an employee affected by the transfer of duties required by this section,
the seniority accrued by the employee at the employee's former agency transfers to the
employee's new agency.
new text end

Sec. 2.

new text begin [144A.491] DUTIES TRANSFERRED FROM ANOTHER AGENCY.
new text end

new text begin (a) The powers and duties of the Department of Human Services with respect to
programs and facilities licensed or regulated under chapter 245A, 245D, or 245F, are
transferred to the Department of Health under section 15.039.
new text end

new text begin (b) For an employee affected by the transfer of duties required by this section,
the seniority accrued by the employee at the employee's former agency transfers to the
employee's new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2014, section 299A.015, is amended to read:

299A.015 DUTIES TRANSFERRED FROM OTHER AGENCY.

new text begin (a) new text end The powers and duties of the Department of Children, Families, and Learning
with respect to the Office of Drug Policy and Violence Prevention and Community
Advisory Violence Prevention Council under Minnesota Statutes 1998, sections 119A.25,
119A.26, 119A.27, 119A.28, 119A.29, 119A.31, 119A.32, 119A.33, and 119A.34, are
transferred to the Department of Public Safety under section 15.039.

new text begin (b) The powers and duties of the Department of Human Services with respect to
the Department of Human Services Background Study Act under chapter 245C, are
transferred to the Department of Public Safety under section 15.039.
new text end

new text begin (c) The powers and duties of the Department of Health with respect to background
studies required by sections 144.058, 144A.476, 144A.62, 144A.754, 145A.061, and
157.17, are transferred to the Department of Public Safety under section 15.039.
new text end

new text begin (d) For the purpose of completing background studies, the commissioner of public
safety shall have authority to access:
new text end

new text begin (1) maltreatment data maintained by local welfare agencies or agencies responsible
for assessing or investigating reports under section 626.556; and
new text end

new text begin (2) names of substantiated perpetrators related to maltreatment of vulnerable adults
maintained by the commissioner of human services under section 626.557.
new text end

new text begin (e) For employees affected by the transfer of duties required by paragraphs (b) and
(c), the seniority accrued by the employee at the employee's former agency transfers to the
employee's new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 4. new text begin DIRECTION TO COMMISSIONERS OF HUMAN SERVICES AND
EMPLOYMENT AND ECONOMIC DEVELOPMENT.
new text end

new text begin The commissioners of human services and employment and economic development,
in consultation with counties and stakeholders, shall: (1) prepare legislation for the 2017
legislative session to transfer the Minnesota family investment program under Minnesota
Statutes, chapter 256J, except for the child-only TANF program under Minnesota
Statutes, section 256J.88, from the Department of Human Services to the Department of
Employment and Economic Development; and (2) report to the chairs and ranking minority
members of the legislative committees with jurisdiction over human services policy and
finance and employment and economic development policy and finance regarding the
proposed transfer of the Minnesota family investment program by February 1, 2017.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research
Department; House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal
Analysis; and the respective departments shall prepare legislation for introduction in the
2017 legislative session proposing the statutory changes needed to implement the transfers
of duties required by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end