Minnesota Legislature
HF 2900
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/16/2023 03:52pm
2.22 2.23
2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32
2.33
2.34 2.35 2.36 2.37 2.38 2.39 2.40 3.1 3.2
3.3
3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30
3.31
4.1 4.2 4.3 4.4 4.5 4.6
4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31
5.1
5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14
5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17
6.18
6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17
7.18
7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29
7.30
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8
8.9
8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13
9.14
9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32
10.1
10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24
11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22
13.23
13.24 13.25 13.26 13.27 13.28 13.29 13.30 14.1 14.2 14.3 14.4
14.5
14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13
14.14
14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 15.1 15.2 15.3
15.4
15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14
15.15
15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11
16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 20.1 20.2 20.3 20.4 20.5 20.6
20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9
21.10
21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 22.1 22.2 22.3 22.4 22.5 22.6
22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 25.1 25.2 25.3
25.4
25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27
25.28
25.29 25.30 25.31 26.1 26.2 26.3 26.4
26.5
26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9
27.10
27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18
28.19
28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15
29.16
29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27
29.28 29.29 29.30 29.31 29.32 30.1 30.2 30.3 30.4 30.5 30.6
30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19
30.20 30.21 30.22
30.23 30.24
31.1 31.2
31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16
31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 32.1 32.2 32.3 32.4 32.5 32.6
32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31
34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30
35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6
36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24
36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20
37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 38.1 38.2
38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20
38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28
38.29 38.30 38.31 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 41.1 41.2 41.3 41.4
41.5 41.6 41.7 41.8 41.9 41.10
41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24
43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18
44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32
45.1 45.2 45.3 45.4 45.5 45.6 45.7
45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18
45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11
46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19
46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29
47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27
47.28 47.29 47.30 47.31 47.32 48.1 48.2
48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34
49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8
49.9 49.10 49.11 49.12 49.13 49.14 49.15
49.16 49.17 49.18 49.19 49.20
49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17
50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11
53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 55.1 55.2
55.3 55.4
55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29
55.30
56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16
56.17
56.18 56.19 56.20 56.21 56.22
56.23
56.24 56.25 56.26 56.27 56.28 56.29 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25
58.26
58.27 58.28 58.29 58.30 58.31 58.32 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19
75.20
75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12
76.13
76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23
76.24
76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26
81.27
81.28 81.29 81.30 81.31 81.32 81.33
82.1 82.2
82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25
82.26
82.27 82.28 82.29 82.30
82.31
83.1 83.2 83.3 83.4 83.5 83.6 83.7
83.8
83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10
84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18
84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25
85.26 85.27 85.28 85.29
86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17
87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26
87.27 87.28 87.29 87.30 87.31 88.1 88.2 88.3 88.4
88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26
88.27 88.28 88.29 88.30 88.31 88.32 89.1 89.2 89.3 89.4
89.5 89.6 89.7 89.8
89.9
89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20
89.21
89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29
89.30
90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16
90.17
90.18 90.19 90.20 90.21
90.22
90.23 90.24 90.25 90.26 90.27 90.28
90.29
91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20
91.21
91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16
92.17
92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 93.1 93.2
93.3 93.4
93.5 93.6 93.7 93.8 93.9 93.10
93.11
93.12 93.13 93.14 93.15 93.16 93.17
93.18
93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9
94.10
94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18
94.19
94.20 94.21 94.22 94.23
94.24
94.25 94.26 94.27 94.28 94.29 94.30 95.1 95.2 95.3
95.4 95.5 95.6 95.7 95.8 95.9 95.10
95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 96.1 96.2 96.3
96.4
96.5 96.6 96.7 96.8 96.9 96.10
96.11
96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20
97.21
97.22 97.23 97.24 97.25 97.26
97.27
98.1 98.2 98.3 98.4 98.5
98.6
98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16
98.17
98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11
100.12 100.13
100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21
100.22
100.23 100.24 100.25 100.26 100.27 100.28 100.29 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10
101.11
101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23
101.24
101.25 101.26 101.27 101.28 101.29 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10
102.11
102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21
102.22
102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18
103.19
103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21
104.22
104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30
105.1 105.2 105.3 105.4 105.5
105.6 105.7 105.8
105.9 105.10
105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13
106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 107.1 107.2
107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25
107.26 107.27 107.28 107.29 107.30 107.31 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25
108.26
108.27 108.28 108.29 108.30 108.31 108.32 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27
110.28 110.29 110.30 110.31 110.32 110.33 110.34
111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9
111.10 111.11 111.12 111.13 111.14
111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23
112.24 112.25 112.26 112.27 112.28
113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18
113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32
114.1 114.2
114.3 114.4 114.5 114.6 114.7
114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10
115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 116.1
116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10
116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20
118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 119.1 119.2 119.3
119.4
119.5 119.6 119.7 119.8 119.9
119.10 119.11 119.12
119.13 119.14
119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 121.1 121.2 121.3 121.4 121.5 121.6
121.7
121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11
122.12
122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22
122.23
122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23
123.24 123.25
123.26 123.27 123.28 123.29 123.30 123.31 123.32
124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28
125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27
125.28 125.29 125.30 125.31 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16
127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20
130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9
131.10
131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29
131.30
132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10
132.11
132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20
132.21
132.22 132.23
132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20
134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29
135.30 135.31 135.32 135.33 135.34 136.1 136.2 136.3 136.4 136.5 136.6
136.7
136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 138.34 138.35 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32
140.1
140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 142.1 142.2 142.3 142.4 142.5 142.6 142.7
142.8
142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20
142.21
142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32
143.1
143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22
143.23 143.24 143.25
143.26 143.27 143.28 143.29 143.30 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18
145.19 145.20 145.21
145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12
146.13
146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 146.35 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22
149.23
149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10
150.11
150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19
150.20 150.21 150.22
150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30
156.31 156.32 156.33 156.34 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 158.1 158.2 158.3 158.4
158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 161.1 161.2 161.3 161.4 161.5 161.6
161.7
161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19
165.20
165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23
167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10
170.11 170.12 170.13
170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18
172.19 172.20 172.21
172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 173.1 173.2 173.3 173.4
173.5
173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8
174.9
174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 176.1 176.2
176.3 176.4 176.5
176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20
176.21 176.22
176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21
177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 179.1 179.2 179.3 179.4 179.5 179.6
179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12
181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 182.1 182.2 182.3
182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11
182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16
186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 187.34 187.35 188.1 188.2 188.3 188.4 188.5 188.6 188.7
188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22
188.23 188.24 188.25
188.26 188.27
188.28 188.29 188.30 188.31 189.1 189.2 189.3
189.4 189.5 189.6
189.7 189.8 189.9 189.10
189.11 189.12 189.13
189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24
189.25 189.26 189.27
189.28 189.29 189.30 189.31 190.1 190.2 190.3 190.4 190.5 190.6 190.7
190.8 190.9 190.10
190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26
191.27 191.28 191.29 191.30
191.31 191.32 191.33 191.34 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20
192.21
192.22 192.23
192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32 193.1 193.2 193.3 193.4
193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28
194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27
195.1 195.2
195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10
195.11 195.12 195.13 195.14 195.15 195.16
195.17 195.18 195.19 195.20 195.21 195.22 195.23
195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31
196.1 196.2 196.3 196.4 196.5 196.6 196.7
196.8 196.9 196.10 196.11 196.12 196.13
196.14 196.15 196.16 196.17 196.18 196.19 196.20
196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29
197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8
197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16
197.17 197.18 197.19 197.20 197.21
197.22 197.23 197.24 197.25 197.26 197.27 197.28
197.29 197.30 197.31 198.1 198.2 198.3
198.4 198.5 198.6 198.7 198.8
198.9 198.10 198.11 198.12 198.13 198.14
198.15 198.16 198.17 198.18 198.19 198.20 198.21
198.22 198.23 198.24 198.25 198.26 198.27
198.28 198.29 198.30 199.1 199.2
199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11
199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27
199.28 199.29 199.30
200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12
204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21
204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 206.33 206.34 207.1 207.2 207.3 207.4 207.5
207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 208.33 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 210.34 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19
211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8
212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 212.33 213.1 213.2 213.3
213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30
215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11
215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17
216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16
217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24
218.25 218.26 218.27 218.28 218.29 218.30 218.31 218.32 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 219.34 219.35 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 220.33 220.34 220.35 221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33 221.34 221.35 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 222.34 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 223.33 224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10
224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19
225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29
228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13
228.14 228.15 228.16 228.17 228.18
228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 228.31 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12
229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27 229.28 229.29 229.30 229.31 229.32 229.33 229.34 230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 230.32 230.33 230.34 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17
231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30 231.31 231.32 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 233.32 233.33 233.34 234.1 234.2
234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29 234.30 234.31 234.32 235.1 235.2 235.3 235.4 235.5
235.6 235.7 235.8 235.9 235.10
235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18
235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30 235.31 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29
236.30 236.31 236.32 236.33 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 238.31 238.32 238.33 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23
239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32 239.33 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15
240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 240.32 241.1 241.2
241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18
241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 241.32 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26
242.27 242.28 242.29
243.1 243.2
243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 244.32 244.33 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14
246.15 246.16 246.17 246.18 246.19
246.20 246.21 246.22
246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 247.32 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 248.32 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19
249.20 249.21 249.22
249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 250.31 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 251.32 252.1 252.2 252.3 252.4
252.5 252.6 252.7
252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31
253.32 253.33 253.34
254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28
254.29 254.30 254.31
255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13
255.14 255.15 255.16
255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29 255.30 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 256.32 256.33 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28
257.29 257.30 257.31
258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18
264.19 264.20 264.21
264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 264.31 264.32 265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14
265.15 265.16 265.17
265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32 265.33 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24
267.25 267.26 267.27
267.28 267.29 267.30 267.31 268.1 268.2
268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32 268.33 268.34 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 269.31 269.32 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28 270.29 270.30 271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18
271.19
271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 272.30 272.31 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 273.32 273.33 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13
274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 274.31 275.1 275.2 275.3 275.4 275.5
275.6
275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17
276.18
276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 276.32 276.33 276.34 277.1 277.2
277.3
277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24
277.25
277.26 277.27 277.28 277.29 277.30 277.31 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19
278.20
278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31 278.32 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15
279.16
279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26
279.27 279.28 279.29 279.30 279.31 279.32 280.1 280.2 280.3 280.4 280.5 280.6 280.7
280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 280.30 280.31 280.32 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 281.33 281.34 281.35 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 282.32 282.33 282.34 283.1 283.2
283.3
283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17
283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28
284.1 284.2 284.3 284.4 284.5
284.6
284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18
284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 284.32 285.1 285.2
285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 285.33 285.34 286.1 286.2 286.3 286.4 286.5 286.6 286.7
286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 287.1 287.2 287.3
287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 288.1 288.2 288.3 288.4 288.5 288.6 288.7
288.8 288.9 288.10 288.11 288.12
288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20
288.21
288.22 288.23 288.24 288.25 288.26 288.27 288.28
288.29
289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11
289.12
289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24
289.25
289.26 289.27 289.28 289.29 289.30 289.31 290.1 290.2 290.3 290.4 290.5
290.6
290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22
290.23
290.24 290.25 290.26 290.27 290.28 290.29 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12
291.13
291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25
291.26
291.27 291.28 291.29 291.30 291.31 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27
292.28
292.29 292.30 292.31 292.32 292.33 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24
293.25
293.26 293.27 293.28 293.29 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27
294.28
294.29 294.30 294.31 294.32 294.33 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18
295.19
295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 295.32 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 296.32 296.33 296.34 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31 297.32 297.33 297.34 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26 298.27 298.28
298.29 298.30 298.31 298.32 299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14
299.15
299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 300.32
301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18
301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 302.1 302.2 302.3
302.4 302.5
302.6 302.7 302.8
302.9 302.10
302.11 302.12 302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22
302.23 302.24 302.25 302.26 302.27 302.28 302.29 302.30 302.31 302.32 302.33 303.1 303.2 303.3 303.4 303.5 303.6 303.7 303.8 303.9 303.10 303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19
303.20 303.21
303.22 303.23
303.24 303.25 303.26 303.27 303.28 303.29 303.30 303.31 304.1 304.2 304.3 304.4
304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 304.32 304.33 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26 305.27 305.28 305.29 305.30 305.31 305.32 305.33 306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14 306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 306.29 306.30 306.31 306.32 306.33 306.34 307.1 307.2 307.3 307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13 307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30 307.31 307.32 307.33 307.34 307.35 308.1 308.2 308.3 308.4 308.5 308.6 308.7 308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 308.31 308.32 308.33 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24 309.25 309.26 309.27 309.28 309.29 309.30 309.31 309.32 309.33 310.1 310.2 310.3 310.4 310.5 310.6 310.7 310.8 310.9 310.10 310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21 310.22 310.23 310.24 310.25 310.26 310.27 310.28 310.29 310.30 310.31 310.32 310.33 310.34 311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31 311.32 311.33 311.34 312.1 312.2 312.3 312.4 312.5 312.6 312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15 312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28 312.29 312.30 312.31 312.32 312.33 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29 313.30 313.31 313.32 313.33 313.34 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32 314.33 314.34 315.1 315.2 315.3 315.4 315.5 315.6 315.7 315.8 315.9 315.10 315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18 315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 315.32 315.33 315.34 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26 316.27 316.28 316.29 316.30 316.31 316.32 316.33 316.34 317.1 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20 317.21 317.22 317.23 317.24 317.25 317.26 317.27 317.28 317.29 317.30 317.31 317.32 317.33 317.34 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9 318.10 318.11 318.12 318.13 318.14 318.15 318.16 318.17 318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30 318.31 318.32 318.33 318.34 318.35 319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11 319.12 319.13 319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26 319.27 319.28 319.29 319.30 319.31 319.32 319.33 319.34 320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21 320.22 320.23 320.24 320.25 320.26 320.27 320.28 320.29 320.30 320.31 320.32 320.33 320.34 320.35 321.1 321.2 321.3 321.4 321.5 321.6 321.7 321.8 321.9 321.10
321.11 321.12 321.13 321.14 321.15 321.16 321.17 321.18
321.19 321.20 321.21 321.22
321.23 321.24 321.25 321.26 321.27 321.28 321.29 321.30 321.31 321.32 322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10
322.11 322.12 322.13 322.14 322.15 322.16 322.17 322.18 322.19 322.20 322.21 322.22 322.23 322.24 322.25 322.26 322.27
A bill for an act
relating to state government; modifying provisions governing child care, child
safety and permanency, child support, economic assistance, deep poverty, housing
and homelessness, behavioral health, the medical education and research cost
account, MinnesotaCare, the Tribal Elder Office, background studies, and licensing;
making forecast adjustments; requiring reports; transferring money; making
technical and conforming changes; allocating funds for a specific purpose;
establishing certain grants; appropriating money; amending Minnesota Statutes
2022, sections 62A.045; 62A.673, subdivision 2; 62J.692, subdivisions 1, 3, 4, 5,
8; 119B.011, subdivisions 2, 5, 13, 19a; 119B.025, subdivision 4; 119B.03,
subdivision 4a; 119B.125, subdivisions 1, 1a, 1b, 2, 3, 4, 6, 7; 119B.13, subdivisions
1, 6; 119B.16, subdivisions 1c, 3; 119B.161, subdivisions 2, 3; 119B.19, subdivision
7; 145.4716, subdivision 3; 245.095; 245.4889, subdivision 1; 245A.02, subdivision
2c; 245A.04, subdivisions 1, 7, 7a; 245A.05; 245A.055, subdivision 2; 245A.06,
subdivisions 1, 2, 4; 245A.07, subdivision 3, by adding subdivisions; 245A.10,
subdivision 6, by adding a subdivision; 245A.16, by adding a subdivision; 245A.50,
subdivisions 3, 4, 5, 6, 9; 245C.04, subdivision 1; 245C.05, subdivision 4; 245C.10,
subdivisions 1d, 2, 3, 4, 5, 6, 8, 9, 9a, 10, 11, 12, 13, 14, 16, 17, 20, 21, by adding
a subdivision; 245C.17, subdivision 6; 245C.23, subdivision 2; 245C.32,
subdivision 2; 245H.01, subdivision 3, by adding a subdivision; 245H.03,
subdivisions 2, 3, 4; 245H.06, subdivisions 1, 2; 245H.07, subdivisions 1, 2;
245I.20, subdivisions 10, 13, 14, 16; 254B.02, subdivision 5; 254B.05, subdivision
1; 256.046, subdivision 3; 256.0471, subdivision 1; 256.969, subdivisions 2b, 9,
25; 256.983, subdivision 5; 256B.055, subdivision 17; 256B.056, subdivision 7;
256B.0625, subdivisions 5m, 9, 13c, 13e, 28b, 30, by adding a subdivision;
256B.0631, subdivision 1; 256B.0638, subdivisions 1, 2, 4, 5, by adding a
subdivision; 256B.064, subdivision 1a; 256B.0924, subdivision 5; 256B.0941, by
adding a subdivision; 256B.196, subdivision 2; 256B.69, subdivision 5a; 256B.75;
256B.76, subdivisions 1, 2, 4; 256D.01, subdivision 1a; 256D.024, subdivision 1;
256D.03, by adding a subdivision; 256D.06, subdivision 5; 256D.63, subdivision
2; 256E.34, subdivision 4; 256E.35, subdivisions 1, 2, 3, 4a, 6, 7; 256I.03,
subdivisions 7, 13; 256I.04, subdivision 1; 256I.06, subdivisions 6, 8, by adding
a subdivision; 256J.08, subdivisions 71, 79; 256J.21, subdivisions 3, 4; 256J.26,
subdivision 1; 256J.33, subdivisions 1, 2; 256J.37, subdivisions 3, 3a; 256J.95,
subdivision 19; 256K.45, subdivisions 3, 7; 256L.04, subdivisions 1c, 7a, 10, by
adding a subdivision; 256L.07, subdivision 1; 256L.15, subdivision 2; 256P.01,
by adding subdivisions; 256P.02, subdivision 2, by adding a subdivision; 256P.04,
subdivisions 4, 8; 256P.06, subdivision 3, by adding a subdivision; 256P.07,
subdivisions 1, 2, 3, 4, 6, 7, by adding subdivisions; 260.761, subdivision 2;
260C.007, subdivision 14; 260C.451, by adding subdivisions; 260C.452, by adding
a subdivision; 260C.605, subdivision 1, by adding a subdivision; 260C.704;
260E.01; 260E.02, subdivision 1; 260E.03, subdivision 22, by adding subdivisions;
260E.09; 260E.14, subdivisions 2, 5; 260E.17, subdivision 1; 260E.18; 260E.20,
subdivision 2; 260E.24, subdivisions 2, 7; 260E.33, subdivision 1; 260E.35,
subdivision 6; 270B.14, subdivision 1; 297F.10, subdivision 1; 518A.31; 518A.32,
subdivisions 3, 4; 518A.34; 518A.41; 518A.42, subdivisions 1, 3; 518A.65;
518A.77; 609B.425, subdivision 2; 609B.435, subdivision 2; Laws 2020, First
Special Session chapter 7, section 1, subdivision 1, as amended; Laws 2021, First
Special Session chapter 7, article 1, section 36; article 6, section 26; article 16,
section 2, subdivision 32, as amended; article 17, section 5, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 119B; 245; 256; 256D; 256E;
256K; 256P; 260; proposing coding for new law as Minnesota Statutes, chapter
245J; repealing Minnesota Statutes 2022, sections 62J.692, subdivisions 4a, 7, 7a;
119B.03, subdivision 4; 137.38, subdivision 1; 245.735, subdivision 3; 245C.02,
subdivision 14b; 245C.032; 245C.11, subdivision 3; 245C.30, subdivision 1a;
256.8799; 256.9864; 256B.69, subdivision 5c; 256J.08, subdivisions 10, 53, 61,
62, 81, 83; 256J.30, subdivisions 5, 7, 8; 256J.33, subdivisions 3, 4, 5; 256J.34,
subdivisions 1, 2, 3, 4; 256J.37, subdivision 10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHILD CARE
Section 1.
Minnesota Statutes 2022, section 119B.011, subdivision 2, is amended to read:
Subd. 2.
Applicant.
"Child care fund applicants" means all parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end legal
guardiansdeleted text begin , ordeleted text end new text begin ;new text end eligible relative caregivers deleted text begin who aredeleted text end new text begin ; relative custodians who accepted a transfer
of permanent legal and physical custody of a child under section 260C.515, subdivision 4,
or similar permanency disposition in Tribal code; successor custodians or guardians as
established by section 256N.22, subdivision 10; or foster parents providing care to a child
placed in a family foster home under section 260C.007, subdivision 16b. Applicants must
benew text end members of the family and reside in the household that applies for child care assistance
under the child care fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 25, 2024.
new text end
Sec. 2.
Minnesota Statutes 2022, section 119B.011, subdivision 5, is amended to read:
Subd. 5.
Child care.
"Child care" means the care of a child by someone other than a
parentdeleted text begin ,deleted text end new text begin ;new text end stepparentdeleted text begin ,deleted text end new text begin ;new text end legal guardiandeleted text begin ,deleted text end new text begin ;new text end eligible relative caregiverdeleted text begin ,deleted text end new text begin ; relative custodian who
accepted a transfer of permanent legal and physical custody of a child under section
260C.515, subdivision 4, or similar permanency disposition in Tribal code; successor
custodian or guardian as established according to section 256N.22, subdivision 10; foster
parent providing care to a child placed in a family foster home under section 260C.007,
subdivision 16b;new text end or deleted text begin the spousesdeleted text end new text begin spousenew text end of any of the foregoing in or outside the child's own
home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 25, 2024.
new text end
Sec. 3.
Minnesota Statutes 2022, section 119B.011, subdivision 13, is amended to read:
Subd. 13.
Family.
"Family" means parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end guardians and their spousesdeleted text begin ,
ordeleted text end new text begin ;new text end other eligible relative caregivers and their spousesdeleted text begin ,deleted text end new text begin ; relative custodians who accepted a
transfer of permanent legal and physical custody of a child under section 260C.515,
subdivision 4, or similar permanency disposition in Tribal code, and their spouses; successor
custodians or guardians as established by section 256N.22, subdivision 10, and their spouses;
foster parents providing care to a child placed in a family foster home under section
260C.007, subdivision 16b, and their spouses;new text end and deleted text begin their blood relateddeleted text end new text begin the blood-relatednew text end
dependent children and adoptive siblings under the age of 18 years living in the same home
deleted text begin includingdeleted text end new text begin as any of the above. Family includesnew text end children temporarily absent from the
household in settings such as schools, foster care, and residential treatment facilities deleted text begin or
parents, stepparents, guardians and their spouses, or other relative caregivers and their
spousesdeleted text end new text begin and adultsnew text end temporarily absent from the household in settings such as schools, military
service, or rehabilitation programs. An adult family member who is not in an authorized
activity under this chapter may be temporarily absent for up to 60 days. When a minor
parent or parents and his, her, or their child or children are living with other relatives, and
the minor parent or parents apply for a child care subsidy, "family" means only the minor
parent or parents and their child or children. An adult age 18 or older who meets this
definition of family and is a full-time high school or postsecondary student may be considered
a dependent member of the family unit if 50 percent or more of the adult's support is provided
by the parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end guardiansnew text begin and their spouses; relative custodians who accepted
a transfer of permanent legal and physical custody of a child under section 260C.515,
subdivision 4, or similar permanency disposition in Tribal code, and their spouses; successor
custodians or guardians as established by section 256N.22, subdivision 10, and their spouses;
foster parents providing care to a child placed in a family foster home under section
260C.007, subdivision 16bnew text end , and their spousesnew text begin ;new text end or eligible relative caregivers and their spouses
residing in the same household.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 25, 2024.
new text end
Sec. 4.
Minnesota Statutes 2022, section 119B.011, subdivision 19a, is amended to read:
Subd. 19a.
Registration.
"Registration" means the process used by deleted text begin a countydeleted text end new text begin the
commissionernew text end to determine whether the provider selected by a family applying for or
receiving child care assistance to care for that family's children meets the requirements
necessary for payment of child care assistance for care provided by that provider.new text begin The
commissioner shall create a process for statewide registration by April 28, 2025.
new text end
Sec. 5.
Minnesota Statutes 2022, section 119B.03, subdivision 4a, is amended to read:
Subd. 4a.
deleted text begin Temporary reprioritizationdeleted text end new text begin Funding prioritiesnew text end .
(a) deleted text begin Notwithstanding
subdivision 4deleted text end new text begin In the event that inadequate funding necessitates the use of waiting listsnew text end ,
priority for child care assistance under the basic sliding fee assistance program shall be
determined according to this subdivision deleted text begin beginning July 1, 2021, through May 31, 2024deleted text end .
(b) First priority must be given to eligible non-MFIP families who do not have a high
school diploma or commissioner of education-selected high school equivalency certification
or who need remedial and basic skill courses in order to pursue employment or to pursue
education leading to employment and who need child care assistance to participate in the
education program. This includes student parents as defined under section 119B.011,
subdivision 19b. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(c) Second priority must be given to families in which at least one parent is a veteran,
as defined under section 197.447.
(d) Third priority must be given to eligible families who do not meet the specifications
of paragraph (b), (c), (e), or (f).
(e) Fourth priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under subdivision 9.
(f) Fifth priority must be given to eligible families receiving services under section
119B.011, subdivision 20a, if the parents have completed their MFIP or DWP transition
year, or if the parents are no longer receiving or eligible for DWP supports.
(g) Families under paragraph (f) must be added to the basic sliding fee waiting list on
the date they complete their transition year under section 119B.011, subdivision 20.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 6.
Minnesota Statutes 2022, section 119B.125, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
deleted text begin A county ordeleted text end The commissioner must authorize the provider
chosen by an applicant or a participant before the county can authorize payment for care
provided by that provider. The commissioner must establish the requirements necessary for
authorization of providers. A provider must be reauthorized every two years. deleted text begin A legal,
nonlicensed family child care provider also must be reauthorized when another person over
the age of 13 joins the household, a current household member turns 13, or there is reason
to believe that a household member has a factor that prevents authorization. The provider
is required to report all family changes that would require reauthorization. When a provider
has been authorized for payment for providing care for families in more than one county,
the county responsible for reauthorization of that provider is the county of the family with
a current authorization for that provider and who has used the provider for the longest length
of time.
deleted text end
Sec. 7.
Minnesota Statutes 2022, section 119B.125, subdivision 1a, is amended to read:
Subd. 1a.
Background study required.
new text begin (a) new text end This subdivision only applies to legal,
nonlicensed family child care providers.
new text begin (b) new text end Prior to authorization, deleted text begin and as part of each reauthorization required in subdivision 1,
the countydeleted text end new text begin the commissionernew text end shall perform a background study on deleted text begin every member of the
provider's household who is age 13 and older. The county shall also perform a background
study on an individual who has reached age ten but is not yet age 13 and is living in the
household where the nonlicensed child care will be provided when the county has reasonable
cause as defined under section 245C.02, subdivision 15deleted text end new text begin individuals identified under section
245C.02, subdivision 6anew text end .
new text begin
(c) After authorization, a background study shall also be performed when an individual
identified under section 245C.02, subdivision 6a, joins the household. The provider must
report all family changes that would require a new background study.
new text end
new text begin
(d) At each reauthorization, the commissioner shall ensure that a background study
through NETStudy 2.0 has been performed on all individuals in the provider's household
for whom a background study is required under paragraphs (b) and (c).
new text end
new text begin
(e) Prior to a background study through NETStudy 2.0 expiring, another background
study shall be completed on all individuals for whom the background study is expiring.
new text end
Sec. 8.
Minnesota Statutes 2022, section 119B.125, subdivision 1b, is amended to read:
Subd. 1b.
Training required.
(a) deleted text begin Effective November 1, 2011,deleted text end Prior to initial
authorization as required in subdivision 1, a legal nonlicensed family child care provider
must complete first aid and CPR training and provide the verification of first aid and CPR
training to the deleted text begin countydeleted text end new text begin commissionernew text end . The training documentation must have valid effective
dates as of the date the registration request is submitted to the deleted text begin countydeleted text end new text begin commissionernew text end . The
training must have been provided by an individual approved to provide first aid and CPR
instruction and have included CPR techniques for infants and children.
deleted text begin
(b) Legal nonlicensed family child care providers with an authorization effective before
November 1, 2011, must be notified of the requirements before October 1, 2011, or at
authorization, and must meet the requirements upon renewal of an authorization that occurs
on or after January 1, 2012.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Upon each reauthorization after the authorization period when the initial first aid
and CPR training requirements are met, a legal nonlicensed family child care provider must
provide verification of at least eight hours of additional training listed in the Minnesota
Center for Professional Development Registry.
deleted text begin (d)deleted text end new text begin (c)new text end This subdivision only applies to legal nonlicensed family child care providers.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 9.
Minnesota Statutes 2022, section 119B.125, subdivision 2, is amended to read:
Subd. 2.
Persons who cannot be authorized.
(a) The provider seeking authorization
under this section shall collect the information required under section 245C.05deleted text begin , subdivision
1,deleted text end and forward the information to the deleted text begin county agencydeleted text end new text begin commissionernew text end . The background study
must include a review of the information required under section 245C.08, deleted text begin subdivisions 2,deleted text end new text begin
subdivisionnew text end 3deleted text begin , and 4, paragraph (b)deleted text end .
new text begin (b)new text end A new text begin legal new text end nonlicensed family child care provider is not authorized under this section
ifnew text begin :
new text end
new text begin (1) the commissioner determines thatnew text end any household member who is the subject of a
background study is deleted text begin determined to have a disqualifying characteristic under paragraphs (b)
to (e) or under section 245C.14 or 245C.15. If a county has determined that a provider is
able to be authorized in that county, and a family in another county later selects that provider,
the provider is able to be authorized in the second county without undergoing a new
background investigation unless one of the following conditions exists:deleted text end new text begin disqualified from
direct contact with, or from access to, persons served by the program and that disqualification
has not been set aside or a variance has not been granted under chapter 245C;
new text end
deleted text begin
(1) two years have passed since the first authorization;
deleted text end
deleted text begin
(2) another person age 13 or older has joined the provider's household since the last
authorization;
deleted text end
deleted text begin
(3) a current household member has turned 13 since the last authorization; or
deleted text end
deleted text begin
(4) there is reason to believe that a household member has a factor that prevents
authorization.
deleted text end
deleted text begin (b)deleted text end new text begin (2)new text end the person has refused to give written consent for disclosure of criminal history
recordsdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (c)deleted text end new text begin (3)new text end the person has been denied a family child care license deleted text begin or has received a fine or
a sanction as a licensed child care provider that has not been reversed on appeal.deleted text end new text begin ;
new text end
deleted text begin (d)deleted text end new text begin (4)new text end the person has a family child care licensing disqualification that has not been set
asidedeleted text begin .deleted text end new text begin ; or
new text end
deleted text begin (e)deleted text end new text begin (5)new text end the person has admitted or a county has found that there is a preponderance of
evidence that fraudulent information was given to the county for child care assistance
application purposes or was used in submitting child care assistance bills for payment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 10.
Minnesota Statutes 2022, section 119B.125, subdivision 3, is amended to read:
Subd. 3.
Authorization exception.
When deleted text begin a countydeleted text end new text begin the commissionernew text end denies a person
authorization as a legal nonlicensed family child care provider under subdivision 2, the
deleted text begin countydeleted text end new text begin commissionernew text end later may authorize that person as a provider if the following conditions
are met:
(1) after receiving notice of the denial of the authorization, the person applies for and
obtains a valid child care license issued under chapter 245A, issued by a tribe, or issued by
another state;
(2) the person maintains the valid child care license; and
(3) the person is providing child care in the state of licensure or in the area under the
jurisdiction of the licensing tribe.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 11.
Minnesota Statutes 2022, section 119B.125, subdivision 4, is amended to read:
Subd. 4.
Unsafe care.
deleted text begin A countydeleted text end new text begin The commissionernew text end may deny authorization as a child
care provider to any applicant or rescind authorization of any provider when deleted text begin thedeleted text end new text begin anew text end county
new text begin or commissioner new text end knows or has reason to believe that the provider is unsafe or that the
circumstances of the chosen child care arrangement are unsafe. The deleted text begin county must include
the conditions under which a provider or care arrangement will be determined to be unsafe
in the county's child care fund plan under section 119B.08, subdivision 3deleted text end new text begin commissioner
shall introduce statewide criteria for unsafe care by April 28, 2025new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 12.
Minnesota Statutes 2022, section 119B.125, subdivision 6, is amended to read:
Subd. 6.
Record-keeping requirement.
(a) As a condition of payment, all providers
receiving child care assistance payments must:
(1) keep accurate and legible daily attendance records at the site where services are
delivered for children receiving child care assistance; and
(2) make those records available immediately to the county or the commissioner upon
request. Any records not provided to a county or the commissioner at the date and time of
the request are deemed inadmissible if offered as evidence by the provider in any proceeding
to contest an overpayment or disqualification of the provider.
(b) As a condition of payment, attendance records must be completed daily and include
the date, the first and last name of each child in attendance, and the times when each child
is dropped off and picked up. To the extent possible, the times that the child was dropped
off to and picked up from the child care provider must be entered by the person dropping
off or picking up the child. The daily attendance records must be retained at the site where
services are delivered for six years after the date of service.
(c) deleted text begin A county or the commissioner may deny or revoke a provider's authorization to
receive child care assistance payments under section 119B.13, subdivision 6, paragraph (d),
pursue a fraud disqualification under section 256.98, take an action against the provider
under chapter deleted text end deleted text begin 245Edeleted text end deleted text begin , or establish an attendance record overpayment under paragraph (d)
against a current or former provider,deleted text end When the county or the commissioner knows or has
reason to believe that deleted text begin thedeleted text end new text begin a current or formernew text end provider has not complied with the
record-keeping requirement in this subdivisiondeleted text begin .deleted text end new text begin :
new text end
new text begin
(1) the commissioner may:
new text end
new text begin
(i) deny or revoke a provider's authorization to receive child care assistance payments
under section 119B.13, subdivision 6, paragraph (d);
new text end
new text begin
(ii) pursue an administrative disqualification under sections 256.046, subdivision 3, and
256.98; or
new text end
new text begin
(iii) take an action against the provider under chapter 245E; or
new text end
new text begin
(2) a county or the commissioner may establish an attendance record overpayment under
paragraph (d).
new text end
(d) To calculate an attendance record overpayment under this subdivision, the
commissioner or county agency shall subtract the maximum daily rate from the total amount
paid to a provider for each day that a child's attendance record is missing, unavailable,
incomplete, inaccurate, or otherwise inadequate.
(e) The commissioner shall develop criteria for a county to determine an attendance
record overpayment under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 13.
Minnesota Statutes 2022, section 119B.125, subdivision 7, is amended to read:
Subd. 7.
Failure to comply with attendance record requirements.
(a) In establishing
an overpayment claim for failure to provide attendance records in compliance with
subdivision 6, the county or commissioner is limited to the six years prior to the date the
county or the commissioner requested the attendance records.
(b) The commissioner new text begin or county new text end may periodically audit child care providers to determine
compliance with subdivision 6.
(c) When the commissioner or county establishes an overpayment claim against a current
or former provider, the commissioner or county must provide notice of the claim to the
provider. A notice of overpayment claim must specify the reason for the overpayment, the
authority for making the overpayment claim, the time period in which the overpayment
occurred, the amount of the overpayment, and the provider's right to appeal.
(d) The commissioner or county shall seek to recoup or recover overpayments paid to
a current or former provider.
(e) When a provider has been disqualified or convicted of fraud under section 256.98,
theft under section 609.52, or a federal crime relating to theft of state funds or fraudulent
billing for a program administered by the commissioner or a county, recoupment or recovery
must be sought regardless of the amount of overpayment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 14.
Minnesota Statutes 2022, section 119B.13, subdivision 1, is amended to read:
Subdivision 1.
Subsidy restrictions.
(a) Beginning deleted text begin November 15, 2021deleted text end new text begin October 30,
2023new text end , the maximum rate paid for child care assistance in any county or county price cluster
under the child care fund shall bedeleted text begin :
deleted text end
deleted text begin (1) for all infants and toddlers,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the 2021 child
care provider rate survey or the rates in effect at the time of the updatedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) for all preschool and school-age children, the greater of the 30th percentile of the
2021 child care provider rate survey or the rates in effect at the time of the update.
deleted text end
(b) Beginning the first full service period on or after January 1, 2025, new text begin and every three
years thereafter, new text end the maximum rate paid for child care assistance in a county or county price
cluster under the child care fund shall bedeleted text begin :
deleted text end
deleted text begin (1) for all infants and toddlers,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the deleted text begin 2024deleted text end new text begin most
recentnew text end child care provider rate survey or the rates in effect at the time of the updatedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) for all preschool and school-age children, the greater of the 30th percentile of the
2024 child care provider rate survey or the rates in effect at the time of the update.
deleted text end
The rates under paragraph (a) continue until the rates under this paragraph go into effect.
(c) For a child care provider located within the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid for child
care assistance shall be equal to the maximum rate paid in the county with the highest
maximum reimbursement rates or the provider's charge, whichever is less. The commissioner
may: (1) assign a county with no reported provider prices to a similar price cluster; and (2)
consider county level access when determining final price clusters.
(d) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.
(e) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.
(f) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.
(g) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:
(1) the daily rate for one day of care;
(2) the weekly rate for one week of care by the child's primary provider; and
(3) two daily rates during two weeks of care by a child's secondary provider.
(h) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.
(i) If the provider charge is greater than the maximum provider rate allowed, the parent
is responsible for payment of the difference in the rates in addition to any family co-payment
fee.
(j) new text begin Beginning October 30, 2023, new text end the maximum registration fee paid for child care
assistance in any county or county price cluster under the child care fund shall be deleted text begin set as
follows: (1) beginning November 15, 2021,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the
deleted text begin 2021deleted text end new text begin most recentnew text end child care provider rate survey or the registration fee in effect at the time
of the updatedeleted text begin ; and (2) beginning the first full service period on or after January 1, 2025, the
maximum registration fee shall be the greater of the 40th percentile of the 2024 child care
provider rate survey or the registration fee in effect at the time of the update. The registration
fees under clause (1) continue until the registration fees under clause (2) go into effectdeleted text end .
(k) Maximum registration fees must be set for licensed family child care and for child
care centers. For a child care provider located in the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum registration fee paid
for child care assistance shall be equal to the maximum registration fee paid in the county
with the highest maximum registration fee or the provider's charge, whichever is less.
Sec. 15.
Minnesota Statutes 2022, section 119B.13, subdivision 6, is amended to read:
Subd. 6.
Provider payments.
(a) A provider shall bill only for services documented
according to section 119B.125, subdivision 6. The provider shall bill for services provided
within ten days of the end of the service period. Payments under the child care fund shall
be made within 21 days of receiving a complete bill from the provider. Counties or the state
may establish policies that make payments on a more frequent basis.
(b) If a provider has received an authorization of care and been issued a billing form for
an eligible family, the bill must be submitted within 60 days of the last date of service on
the bill. A bill submitted more than 60 days after the last date of service must be paid if the
county determines that the provider has shown good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
section 119B.08, subdivision 3, and the definition of good cause must include county error.
Any bill submitted more than a year after the last date of service on the bill must not be
paid.
(c) If a provider provided care for a time period without receiving an authorization of
care and a billing form for an eligible family, payment of child care assistance may only be
made retroactively for a maximum of three months from the date the provider is issued an
authorization of care and a billing form. For a family at application, if a provider provided
child care during a time period without receiving an authorization of care and a billing form,
a county may only make child care assistance payments to the provider retroactively from
the date that child care began, or from the date that the family's eligibility began under
section 119B.09, subdivision 7, or from the date that the family meets authorization
requirements, not to exceed six months from the date that the provider is issued an
authorization of care and a billing form, whichever is later.
(d) deleted text begin A county ordeleted text end The commissioner may refuse to issue a child care authorization to a
certified, licensed, or legal nonlicensed provider, revoke an existing child care authorization
to a certified, licensed, or legal nonlicensed provider, stop payment issued to a certified,
licensed, or legal nonlicensed provider, or refuse to pay a bill submitted by a certified,
licensed, or legal nonlicensed provider if:
(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms;
(2) deleted text begin a county ordeleted text end the commissioner finds by a preponderance of the evidence that the
provider intentionally gave the county materially false information on the provider's billing
forms, or provided false attendance records to a county or the commissioner;
(3) the provider is in violation of child care assistance program rules, until the agency
determines those violations have been corrected;
(4) the provider is operating after:
(i) an order of suspension of the provider's license issued by the commissioner;
(ii) an order of revocation of the provider's license issued by the commissioner; or
(iii) an order of decertification issued to the provider;
(5) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request;
(6) the provider gives false child care price information; or
(7) the provider fails to report decreases in a child's attendance as required under section
119B.125, subdivision 9.
(e) For purposes of paragraph (d), clauses (3), (5), (6), and (7), deleted text begin the county ordeleted text end the
commissioner may withhold the provider's authorization or payment for a period of time
not to exceed three months beyond the time the condition has been corrected.
(f) A county's payment policies must be included in the county's child care plan under
section 119B.08, subdivision 3. If payments are made by the state, in addition to being in
compliance with this subdivision, the payments must be made in compliance with section
16A.124.
(g) If the commissioner deleted text begin or responsible county agencydeleted text end suspends or refuses payment to a
provider under paragraph (d), clause (1) or (2), or chapter 245E and the provider has:
(1) a disqualification for wrongfully obtaining assistance under section 256.98,
subdivision 8, paragraph (c);
(2) an administrative disqualification under section 256.046, subdivision 3; or
(3) a termination under section 245E.02, subdivision 4, paragraph (c), clause (4), or
245E.06;
then the provider forfeits the payment to the commissioner or the responsible county agency,
regardless of the amount assessed in an overpayment, charged in a criminal complaint, or
ordered as criminal restitution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 16.
Minnesota Statutes 2022, section 119B.16, subdivision 1c, is amended to read:
Subd. 1c.
Notice to providers.
(a) Before taking an action appealable under subdivision
1a, paragraph (b), a county agency or the commissioner must mail written notice to the
provider against whom the action is being taken. Unless otherwise specified under this
chapter, chapter 245E, or Minnesota Rules, chapter 3400, a county agency or the
commissioner must mail the written notice at least 15 calendar days before the adverse
action's effective date.
(b) The notice shall state (1) the factual basis for the new text begin county agency or new text end department's
determination, (2) the action the new text begin county agency or new text end department intends to take, (3) the dollar
amount of the monetary recovery or recoupment, if known, and (4) the provider's right to
appeal the department's proposed action.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 17.
Minnesota Statutes 2022, section 119B.16, subdivision 3, is amended to read:
Subd. 3.
Fair hearing stayed.
(a) If deleted text begin a county agency ordeleted text end the commissioner denies or
revokes a provider's authorization based on a licensing action under section 245A.07, and
the provider appeals, the provider's fair hearing must be stayed until the commissioner issues
an order as required under section 245A.08, subdivision 5.
(b) If the commissioner denies or revokes a provider's authorization based on
decertification under section 245H.07, and the provider appeals, the provider's fair hearing
must be stayed until the commissioner issues a final order as required under section 245H.07.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 18.
Minnesota Statutes 2022, section 119B.161, subdivision 2, is amended to read:
Subd. 2.
Notice.
(a) deleted text begin A county agency ordeleted text end The commissioner must mail written notice to
a provider within five days of suspending payment or denying or revoking the provider's
authorization under subdivision 1.
(b) The notice must:
(1) state the provision under which deleted text begin a county agency ordeleted text end the commissioner is denying,
revoking, or suspending the provider's authorization or suspending payment to the provider;
(2) set forth the general allegations leading to the denial, revocation, or suspension of
the provider's authorization. The notice need not disclose any specific information concerning
an ongoing investigation;
(3) state that the denial, revocation, or suspension of the provider's authorization is for
a temporary period and explain the circumstances under which the action expires; and
(4) inform the provider of the right to submit written evidence and argument for
consideration by the commissioner.
(c) Notwithstanding Minnesota Rules, part 3400.0185, if deleted text begin a county agency ordeleted text end the
commissioner suspends payment to a provider under chapter 245E or denies or revokes a
provider's authorization under section 119B.13, subdivision 6, paragraph (d), clause (1) or
(2), a county agency or the commissioner must send notice of service authorization closure
to each affected family. The notice sent to an affected family is effective on the date the
notice is created.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 19.
Minnesota Statutes 2022, section 119B.161, subdivision 3, is amended to read:
Subd. 3.
Duration.
If a provider's payment is suspended under chapter 245E or a
provider's authorization is denied or revoked under section 119B.13, subdivision 6, paragraph
(d), clause (1) or (2), the provider's denial, revocation, temporary suspension, or payment
suspension remains in effect until:
(1) the commissioner or a law enforcement authority determines that there is insufficient
evidence warranting the action and deleted text begin a county agency ordeleted text end the commissioner does not pursue
an additional administrative remedy under chapter 245E or section 256.98; or
(2) all criminal, civil, and administrative proceedings related to the provider's alleged
misconduct conclude and any appeal rights are exhausted.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 20.
Minnesota Statutes 2022, section 119B.19, subdivision 7, is amended to read:
Subd. 7.
Child care resource and referral programs.
Within each region, a child care
resource and referral program must:
(1) maintain one database of all existing child care resources and services and one
database of family referrals;
(2) provide a child care referral service for families;
(3) develop resources to meet the child care service needs of families;
(4) increase the capacity to provide culturally responsive child care services;
(5) coordinate professional development opportunities for child care and school-age
care providers;
(6) administer and award child care services grants;
(7) cooperate with the Minnesota Child Care Resource and Referral Network and its
member programs to develop effective child care services and child care resources; deleted text begin and
deleted text end
(8) assist in fostering coordination, collaboration, and planning among child care programs
and community programs such as school readiness, Head Start, early childhood family
education, local interagency early intervention committees, early childhood screening,
special education services, and other early childhood care and education services and
programs that provide flexible, family-focused services to families with young children to
the extent possibledeleted text begin .deleted text end new text begin ;
new text end
new text begin
(9) administer the child care one-stop regional assistance network to assist child care
providers and individuals interested in becoming child care providers with establishing and
sustaining a licensed family child care or group family child care program or a child care
center; and
new text end
new text begin
(10) provide supports that enable economically challenged individuals to obtain the jobs
skills training, career counseling, and job placement assistance necessary to begin a career
path in child care.
new text end
Sec. 21.
new text begin
[119B.27] CHILD CARE RETENTION PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A child care retention program is established to provide
eligible child care programs with payments to improve access to child care in Minnesota
and to strengthen the ability of child care programs to recruit and retain qualified early
educators to work in child care programs. The child care retention program shall be
administered by the commissioner of human services.
new text end
new text begin Subd. 2. new text end
new text begin Eligible programs. new text end
new text begin
(a) The following programs are eligible to receive child
care retention payments under this section:
new text end
new text begin
(1) family and group family child care homes licensed under Minnesota Rules, chapter
9502;
new text end
new text begin
(2) child care centers licensed under Minnesota Rules, chapter 9503;
new text end
new text begin
(3) certified license-exempt child care centers under chapter 245H;
new text end
new text begin
(4) Tribally licensed child care programs; and
new text end
new text begin
(5) other programs as determined by the commissioner.
new text end
new text begin
(b) To be eligible, programs must not be:
new text end
new text begin
(1) the subject of a finding of fraud for which the program or individual is currently
serving a penalty or exclusion;
new text end
new text begin
(2) the subject of suspended, denied, or terminated payments to a provider under section
256.98, subdivision 1; 119B.13, subdivision 6, paragraph (d), clauses (1) and (2); or 245E.02,
subdivision 4, paragraph (c), clause (4), regardless of whether the action is under appeal;
new text end
new text begin
(3) prohibited from receiving public funds under section 245.095, regardless of whether
the action is under appeal; or
new text end
new text begin
(4) under license revocation, suspension, temporary immediate suspension, or
decertification, regardless of whether the action is under appeal.
new text end
new text begin Subd. 3. new text end
new text begin Requirements. new text end
new text begin
(a) As a condition of payment, all providers receiving retention
payments under this section must:
new text end
new text begin
(1) complete an application developed by the commissioner for each payment period
for which the eligible program applies for funding;
new text end
new text begin
(2) attest and agree in writing that the program intends to remain operating and serving
a minimum number of children, as determined by the commissioner, for the duration of the
payment period, with the exceptions of:
new text end
new text begin
(i) service disruptions that are necessary to protect the safety and health of children and
child care programs based on public health guidance issued by the Centers for Disease
Control and Prevention, the commissioner of health, the commissioner of human services,
or a local public health agency; and
new text end
new text begin
(ii) planned temporary closures for provider vacation and holidays during each payment
period. The maximum allowed duration of vacations and holidays must be established by
the commissioner.
new text end
new text begin
(b) Funds received under this section must be expended by a provider no later than six
months after the date the payment was received.
new text end
new text begin
(c) Recipients must comply with all requirements listed in the application under this
section. Methods for demonstrating that requirements have been met shall be determined
by the commissioner.
new text end
new text begin
(d) Recipients must keep accurate and legible records of the following at the site where
services are delivered:
new text end
new text begin
(1) use of money;
new text end
new text begin
(2) attendance records. Daily attendance records must be completed every day and
include the date, the first and last name of each child in attendance, and the times when
each child is dropped off and picked up. To the extent possible, the times that the child was
dropped off and picked up from the child care provider must be entered by the person
dropping off or picking up the child; and
new text end
new text begin
(3) staff employment, compensation, and benefits records. Employment, compensation,
and benefits records must include time sheets or other records of daily hours worked and
documentation of compensation and benefits.
new text end
new text begin
(e) The requirement to document compensation and benefits only applies to family child
care providers if retention payment funds are used for compensation and benefits.
new text end
new text begin
(f) All records must be retained at the site where services are delivered for six years after
the date of receipt of payment and be made immediately available to the commissioner upon
request. Any records not provided to the commissioner at the date and time of the request
are deemed inadmissible if offered as evidence by a provider in any proceeding to contest
an overpayment or disqualification of the provider.
new text end
new text begin
(g) Recipients that fail to meet the requirements under this section are subject to
discontinuation of future installment payments, recovery of overpayments, and actions under
chapter 245E. Except when based on a finding of fraud, actions to establish an overpayment
must be made within six years of receipt of the payments. Once an overpayment is
established, collection may continue until funds have been repaid in full. The appeal process
under section 119B.16 applies to actions taken for failure to meet the requirements of this
section.
new text end
new text begin Subd. 4. new text end
new text begin Providing payments. new text end
new text begin
(a) The commissioner shall provide retention payments
under this section to all eligible programs on a noncompetitive basis.
new text end
new text begin
(b) The commissioner shall award retention payments to all eligible programs. The
payment amounts shall be based on the number of full-time equivalent staff who regularly
care for children in the program, including any employees, sole proprietors, or independent
contractors.
new text end
new text begin
(c) One full-time equivalent is defined as an individual caring for children 32 hours per
week. An individual can count as more or less than one full-time equivalent staff, but as no
more than two full-time equivalent staff.
new text end
new text begin
(d) The amount awarded per full-time equivalent individual caring for children for each
payment type must be established by the commissioner.
new text end
new text begin
(e) Payments must be increased by 25 percent for providers receiving payments through
the child care assistance programs under section 119B.03 or 119B.05 or early learning
scholarships under section 124D.165 or whose program is located in a child care access
equity area. Child care access equity areas are areas with low access to child care, high
poverty rates, high unemployment rates, low home ownership rates, and low median
household incomes. The commissioner must develop a method for establishing child care
access equity areas.
new text end
new text begin
(f) The commissioner shall make payments to eligible programs under this section in
the form, frequency, and manner established by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Eligible uses of money. new text end
new text begin
(a) Recipients that are child care centers licensed under
Minnesota Rules, chapter 9503; certified license-exempt child care centers under chapter
245H; or Tribally licensed child care centers must use money provided under this section
to pay for increases in compensation, benefits, premium pay, or additional federal taxes
assessed on the compensation of employees as a result of paying increased compensation
or premium pay to all paid employees or independent contractors regularly caring for
children. The increases in this paragraph must occur no less frequently than once per year.
new text end
new text begin
(b) Recipients that are family and group family child care homes licensed under
Minnesota Rules, chapter 9502, or are Tribally licensed family child care homes shall use
money provided under this section for one or more of the following uses:
new text end
new text begin
(1) paying personnel costs, such as payroll, salaries, or similar compensation; employee
benefits; premium pay; or employee recruitment and retention for an employee, including
a sole proprietor or an independent contractor;
new text end
new text begin
(2) paying rent, including rent under a lease agreement, or making payments on any
mortgage obligation, utilities, facility maintenance or improvements, or insurance;
new text end
new text begin
(3) purchasing or updating equipment, supplies, goods, or services;
new text end
new text begin
(4) providing mental health supports for children; or
new text end
new text begin
(5) purchasing training or other professional development.
new text end
new text begin Subd. 6. new text end
new text begin Legal nonlicensed child care provider payments. new text end
new text begin
(a) Legal nonlicensed child
care providers, as defined in section 119B.011, subdivision 16, may be eligible to apply for
a payment of up to $500 for costs incurred before the first month when payments from the
child care assistance program are issued.
new text end
new text begin
(b) Payments must be used on one or more of the following eligible activities to meet
child care assistance program requirements under sections 119B.03 and 119B.05:
new text end
new text begin
(1) purchasing or updating equipment, supplies, goods, or services; or
new text end
new text begin
(2) purchasing training or other professional development.
new text end
new text begin
(c) The commissioner shall determine the form and manner of the application for a
payment under this subdivision.
new text end
new text begin Subd. 7. new text end
new text begin Carryforward authority. new text end
new text begin
Funds appropriated under this section are available
until expended.
new text end
new text begin Subd. 8. new text end
new text begin Report. new text end
new text begin
By January 1 each year, the commissioner must report to the chairs
and ranking minority members of the legislative committees with jurisdiction over child
care the number of payments provided to recipients and outcomes of the retention payment
program since the last report. This subdivision expires January 31, 2033.
new text end
Sec. 22.
new text begin
[119B.28] SHARED SERVICES GRANTS.
new text end
new text begin
(a) The commissioner of human services shall establish a grant program to distribute
funds for the planning, establishment, expansion, improvement, or operation of shared
services alliances to allow family child care providers to achieve economies of scale. The
commissioner must develop a process to fund organizations to operate shared services
alliances that includes application forms, timelines, and standards for renewal. For purposes
of this section, "shared services alliances" means networks of licensed family child care
providers that share services to reduce costs and achieve efficiencies.
new text end
new text begin
(b) Programs eligible to be a part of the shared services alliances supported through this
grant program include:
new text end
new text begin
(1) family child care or group family child care homes licensed under Minnesota Rules,
chapter 9502;
new text end
new text begin
(2) Tribally licensed family child care or group family child care; and
new text end
new text begin
(3) individuals in the process of starting a family child care or group family child care
home.
new text end
new text begin
(c) Eligible applicants include public entities and private for-profit and nonprofit
organizations.
new text end
new text begin
(d) Grantees shall use the grant funds to deliver one or more of the following services:
new text end
new text begin
(1) pooling the management of payroll and benefits, banking, janitorial services, food
services, and other operations;
new text end
new text begin
(2) shared administrative staff for tasks such as record keeping and reporting for programs
such as the child care assistance program, Head Start, the child and adult care food program,
and early learning scholarships;
new text end
new text begin
(3) coordination of bulk purchasing;
new text end
new text begin
(4) management of a substitute pool;
new text end
new text begin
(5) support for implementing shared curriculum and assessments;
new text end
new text begin
(6) mentoring child care provider participants to improve business practices;
new text end
new text begin
(7) provision of and training in child care management software to simplify processes
such as enrollment, billing, and tracking expenditures;
new text end
new text begin
(8) support for a group of providers sharing one or more physical spaces within a larger
building; or
new text end
new text begin
(9) other services as determined by the commissioner.
new text end
new text begin
(e) The commissioner must develop a process by which grantees will report to the
Department of Human Services on activities funded by the grant.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 23.
new text begin
[119B.29] CHILD CARE PROVIDER ACCESS TO TECHNOLOGY
GRANTS.
new text end
new text begin
(a) The commissioner of human services shall distribute money provided by this section
through grants to one or more organizations to offer grants or other supports to child care
providers for technology intended to improve the providers' business practices. The
commissioner must develop a process to fund organizations to provide technology supports
that includes application forms, timelines, reporting requirements, and standards for renewal.
new text end
new text begin
(b) Programs eligible to be supported through this grant program include:
new text end
new text begin
(1) child care centers licensed under Minnesota Rules, chapter 9503;
new text end
new text begin
(2) family or group family child care homes licensed under Minnesota Rules, chapter
9502; and
new text end
new text begin
(3) Tribally licensed centers, family child care, and group family child care.
new text end
new text begin
(c) Eligible applicants include public entities and private for-profit and nonprofit
organizations with the ability to develop technology products for child care business
management or offer training, technical assistance, coaching, or other supports for child
care providers to use technology products for child care business management.
new text end
new text begin
(d) Grantees shall use the grant funds, either directly or through grants to providers, for
one or more of the following purposes:
new text end
new text begin
(1) the purchase of computers or mobile devices for use in business management;
new text end
new text begin
(2) access to the Internet through the provision of necessary hardware such as routers
or modems or by covering the costs of monthly fees for Internet access;
new text end
new text begin
(3) covering the costs of subscription to child care management software;
new text end
new text begin
(4) covering the costs of training in the use of technology for business management
purposes; and
new text end
new text begin
(5) other services as determined by the commissioner.
new text end
Sec. 24.
Minnesota Statutes 2022, section 245C.04, subdivision 1, is amended to read:
Subdivision 1.
Licensed programs; other child care programs.
(a) The commissioner
shall conduct a background study of an individual required to be studied under section
245C.03, subdivision 1, at least upon application for initial license for all license types.
(b) The commissioner shall conduct a background study of an individual required to be
studied under section 245C.03, subdivision 1, including a child care background study
subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed
child care center, certified license-exempt child care center, or legal nonlicensed child care
provider, on a schedule determined by the commissioner. Except as provided in section
245C.05, subdivision 5a, a child care background study must include submission of
fingerprints for a national criminal history record check and a review of the information
under section 245C.08. A background study for a child care program must be repeated
within five years from the most recent study conducted under this paragraph.
new text begin
(c) At reauthorization or when a new background study is needed under section 119B.125,
subdivision 1a, for a legal nonlicensed child care provider authorized under chapter 119B:
new text end
new text begin
(1) for a background study affiliated with a legal nonlicensed child care provider, the
individual shall provide information required under section 245C.05, subdivision 1,
paragraphs (a), (b), and (d), to the commissioner and be fingerprinted and photographed
under section 245C.05, subdivision 5; and
new text end
new text begin
(2) the commissioner shall verify the information received under clause (1) and submit
the request in NETStudy 2.0 to complete the background study.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end At reapplication for a family child care license:
(1) for a background study affiliated with a licensed family child care center deleted text begin or legal
nonlicensed child care providerdeleted text end , the individual shall provide information required under
section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the county agency, and be
fingerprinted and photographed under section 245C.05, subdivision 5;
(2) the county agency shall verify the information received under clause (1) and forward
the information to the commissioner new text begin and submit the request in NETStudy 2.0 new text end to complete
the background study; and
(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08.
deleted text begin (d)deleted text end new text begin (e)new text end The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services and the following conditions are met:
(1) a study of the individual was conducted either at the time of initial licensure or when
the individual became affiliated with the license holder;
(2) the individual has been continuously affiliated with the license holder since the last
study was conducted; and
(3) the last study of the individual was conducted on or after October 1, 1995.
deleted text begin (e)deleted text end new text begin (f)new text end The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6),
who is newly affiliated with a child foster family setting license holder:
(1) the county or private agency shall collect and forward to the commissioner the
information required under section 245C.05, subdivisions 1 and 5, when the child foster
family setting applicant or license holder resides in the home where child foster care services
are provided; and
(2) the background study conducted by the commissioner of human services under this
paragraph must include a review of the information required under section 245C.08,
subdivisions 1, 3, and 4.
deleted text begin (f)deleted text end new text begin (g)new text end The commissioner shall conduct a background study of an individual specified
under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated
with an adult foster care or family adult day services and with a family child care license
holder or a legal nonlicensed child care provider authorized under chapter 119B and:
(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and
forward to the commissioner the information required under section 245C.05, subdivision
1, paragraphs (a) and (b), and subdivision 5, paragraph (b), for background studies conducted
by the commissioner for all family adult day services, for adult foster care when the adult
foster care license holder resides in the adult foster care residence, and for family child care
and legal nonlicensed child care authorized under chapter 119B;
(2) the license holder shall collect and forward to the commissioner the information
required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs
(a) and (b), for background studies conducted by the commissioner for adult foster care
when the license holder does not reside in the adult foster care residence; and
(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision 1, paragraph
(a), and subdivisions 3 and 4.
deleted text begin (g)deleted text end new text begin (h)new text end Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study requests to the commissioner using the
electronic system known as NETStudy before individuals specified in section 245C.03,
subdivision 1, begin positions allowing direct contact in any licensed program.
deleted text begin (h)deleted text end new text begin (i)new text end For an individual who is not on the entity's active roster, the entity must initiate
a new background study through NETStudy when:
(1) an individual returns to a position requiring a background study following an absence
of 120 or more consecutive days; or
(2) a program that discontinued providing licensed direct contact services for 120 or
more consecutive days begins to provide direct contact licensed services again.
The license holder shall maintain a copy of the notification provided to the commissioner
under this paragraph in the program's files. If the individual's disqualification was previously
set aside for the license holder's program and the new background study results in no new
information that indicates the individual may pose a risk of harm to persons receiving
services from the license holder, the previous set-aside shall remain in effect.
deleted text begin (i)deleted text end new text begin (j)new text end For purposes of this section, a physician licensed under chapter 147, advanced
practice registered nurse licensed under chapter 148, or physician assistant licensed under
chapter 147A is considered to be continuously affiliated upon the license holder's receipt
from the commissioner of health or human services of the physician's, advanced practice
registered nurse's, or physician assistant's background study results.
deleted text begin (j)deleted text end new text begin (k)new text end For purposes of family child care, a substitute caregiver must receive repeat
background studies at the time of each license renewal.
deleted text begin (k)deleted text end new text begin (l)new text end A repeat background study at the time of license renewal is not required if the
family child care substitute caregiver's background study was completed by the commissioner
on or after October 1, 2017, and the substitute caregiver is on the license holder's active
roster in NETStudy 2.0.
deleted text begin (l)deleted text end new text begin (m)new text end Before and after school programs authorized under chapter 119B, are exempt
from the background study requirements under section 123B.03, for an employee for whom
a background study under this chapter has been completed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 25.
Minnesota Statutes 2022, section 245C.05, subdivision 4, is amended to read:
Subd. 4.
Electronic transmission.
(a) For background studies conducted by the
Department of Human Services, the commissioner shall implement a secure system for the
electronic transmission of:
(1) background study information to the commissioner;
(2) background study results to the license holder;
(3) background study information obtained under this section and section 245C.08 to
counties and private agencies for background studies conducted by the commissioner for
child foster care, including a summary of nondisqualifying results, except as prohibited by
law; and
(4) background study results to county agencies for background studies conducted by
the commissioner for adult foster care and family adult day services and, upon
implementation of NETStudy 2.0, family child care deleted text begin and legal nonlicensed child care
authorized under chapter deleted text end deleted text begin 119Bdeleted text end .
(b) Unless the commissioner has granted a hardship variance under paragraph (c), a
license holder or an applicant must use the electronic transmission system known as
NETStudy or NETStudy 2.0 to submit all requests for background studies to the
commissioner as required by this chapter.
(c) A license holder or applicant whose program is located in an area in which high-speed
Internet is inaccessible may request the commissioner to grant a variance to the electronic
transmission requirement.
(d) Section 245C.08, subdivision 3, paragraph (c), applies to results transmitted under
this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 26.
Minnesota Statutes 2022, section 245C.17, subdivision 6, is amended to read:
Subd. 6.
Notice to county agency.
For studies on individuals related to a license to
provide adult foster care when the applicant or license holder resides in the adult foster care
residence and family adult day services and, effective upon implementation of NETStudy
2.0, family child care deleted text begin and legal nonlicensed child care authorized under chapter 119Bdeleted text end , the
commissioner shall also provide a notice of the background study results to the county
agency that initiated the background study.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 27.
Minnesota Statutes 2022, section 245C.23, subdivision 2, is amended to read:
Subd. 2.
Commissioner's notice of disqualification that is not set aside.
(a) The
commissioner shall notify the license holder of the disqualification and order the license
holder to immediately remove the individual from any position allowing direct contact with
persons receiving services from the license holder if:
(1) the individual studied does not submit a timely request for reconsideration under
section 245C.21;
(2) the individual submits a timely request for reconsideration, but the commissioner
does not set aside the disqualification for that license holder under section 245C.22, unless
the individual has a right to request a hearing under section 245C.27, 245C.28, or 256.045;
(3) an individual who has a right to request a hearing under sections 245C.27 and 256.045,
or 245C.28 and chapter 14 for a disqualification that has not been set aside, does not request
a hearing within the specified time; or
(4) an individual submitted a timely request for a hearing under sections 245C.27 and
256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
disqualification under section 245A.08, subdivision 5, or 256.045.
(b) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was previously ordered under section 245C.17 to immediately remove
the disqualified individual from direct contact with persons receiving services or to ensure
that the individual is under continuous, direct supervision when providing direct contact
services, the order remains in effect pending the outcome of a hearing under sections 245C.27
and 256.045, or 245C.28 and chapter 14.
(c) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was not previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous direct supervision when providing direct
contact services, the commissioner shall order the individual to remain under continuous
direct supervision pending the outcome of a hearing under sections 245C.27 and 256.045,
or 245C.28 and chapter 14.
(d) For background studies related to child foster care when the applicant or license
holder resides in the home where services are provided, the commissioner shall also notify
the county or private agency that initiated the study of the results of the reconsideration.
(e) For background studies related to family child care, deleted text begin legal nonlicensed child care,deleted text end
adult foster care programs when the applicant or license holder resides in the home where
services are provided, and family adult day services, the commissioner shall also notify the
county that initiated the study of the results of the reconsideration.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 28.
Minnesota Statutes 2022, section 256.046, subdivision 3, is amended to read:
Subd. 3.
Administrative disqualification of child care providers caring for children
receiving child care assistance.
(a) The department deleted text begin or local agencydeleted text end shall pursue an
administrative disqualification, if the child care provider is accused of committing an
intentional program violation, in lieu of a criminal action when it has not been pursued.
Intentional program violations include intentionally making false or misleading statements;
intentionally misrepresenting, concealing, or withholding facts; and repeatedly and
intentionally violating program regulations under chapters 119B and 245E. Intent may be
proven by demonstrating a pattern of conduct that violates program rules under chapters
119B and 245E.
(b) To initiate an administrative disqualification, deleted text begin a local agency ordeleted text end the commissioner
must mail written notice by certified mail to the provider against whom the action is being
taken. Unless otherwise specified under chapter 119B or 245E or Minnesota Rules, chapter
3400, deleted text begin a local agency ordeleted text end the commissioner must mail the written notice at least 15 calendar
days before the adverse action's effective date. The notice shall state (1) the factual basis
for the agency's determination, (2) the action the agency intends to take, (3) the dollar amount
of the monetary recovery or recoupment, if known, and (4) the provider's right to appeal
the agency's proposed action.
(c) The provider may appeal an administrative disqualification by submitting a written
request to the Department of Human Services, Appeals Division. A provider's request must
be received by the Appeals Division no later than 30 days after the date deleted text begin a local agency ordeleted text end
the commissioner mails the notice.
(d) The provider's appeal request must contain the following:
(1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the
dollar amount involved for each disputed item;
(2) the computation the provider believes to be correct, if applicable;
(3) the statute or rule relied on for each disputed item; and
(4) the name, address, and telephone number of the person at the provider's place of
business with whom contact may be made regarding the appeal.
(e) On appeal, the issuing agency bears the burden of proof to demonstrate by a
preponderance of the evidence that the provider committed an intentional program violation.
(f) The hearing is subject to the requirements of sections 256.045 and 256.0451. The
human services judge may combine a fair hearing and administrative disqualification hearing
into a single hearing if the factual issues arise out of the same or related circumstances and
the provider receives prior notice that the hearings will be combined.
(g) A provider found to have committed an intentional program violation and is
administratively disqualified shall be disqualified, for a period of three years for the first
offense and permanently for any subsequent offense, from receiving any payments from
any child care program under chapter 119B.
(h) Unless a timely and proper appeal made under this section is received by the
department, the administrative determination of the department is final and binding.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 29.
Minnesota Statutes 2022, section 256.983, subdivision 5, is amended to read:
Subd. 5.
Child care providers; financial misconduct.
(a) A county or tribal agency
may conduct investigations of financial misconduct by child care providers as described in
chapter 245E. Prior to opening an investigation, a county or tribal agency must contact the
commissioner to determine whether an investigation under this chapter may compromise
an ongoing investigation.
(b) If, upon investigation, a preponderance of evidence shows a provider committed an
intentional program violation, intentionally gave the county or tribe materially false
information on the provider's billing forms, provided false attendance records to a county,
tribe, or the commissioner, or committed financial misconduct as described in section
245E.01, subdivision 8, the county or tribal agency may new text begin recommend that the commissioner
new text end suspend a provider's payment pursuant to chapter 245E, or deny or revoke a provider's
authorization pursuant to section 119B.13, subdivision 6, paragraph (d), clause (2), prior to
pursuing other available remedies. deleted text begin The county or tribe must send notice in accordance with
the requirements of section 119B.161, subdivision 2. If a provider's payment is suspended
under this section, the payment suspension shall remain in effect until: (1) the commissioner,
county, tribe, or a law enforcement authority determines that there is insufficient evidence
warranting the action and a county, tribe, or the commissioner does not pursue an additional
administrative remedy under chapter deleted text end deleted text begin 119Bdeleted text end deleted text begin or deleted text end deleted text begin 245Edeleted text end deleted text begin , or section 256.046 or 256.98; or (2)
all criminal, civil, and administrative proceedings related to the provider's alleged misconduct
conclude and any appeal rights are exhausted.
deleted text end
deleted text begin
(c) For the purposes of this section, an intentional program violation includes intentionally
making false or misleading statements; intentionally misrepresenting, concealing, or
withholding facts; and repeatedly and intentionally violating program regulations under
chapters
deleted text end
deleted text begin
119B
deleted text end
deleted text begin
and
deleted text end
deleted text begin
245E
deleted text end
deleted text begin
.
deleted text end
deleted text begin
(d) A provider has the right to administrative review under section 119B.161 if: (1)
payment is suspended under chapter
deleted text end
deleted text begin
245E
deleted text end
deleted text begin
; or (2) the provider's authorization was denied
or revoked under section 119B.13, subdivision 6, paragraph (d), clause (2).
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 30. new text begin DIRECTION TO COMMISSIONER; TRANSITION CHILD CARE
STABILIZATION GRANTS.
new text end
new text begin
(a) The commissioner of human services must continue providing child care stabilization
grants under Laws 2021, First Special Session chapter 7, article 14, section 21, from July
1, 2023, through September 30, 2023.
new text end
new text begin
(b) The commissioner shall award transition child care stabilization grant amounts to
all eligible programs. The transition month grant amounts must be based on the number of
full-time equivalent staff who regularly care for children in the program, including employees,
sole proprietors, or independent contractors. One full-time equivalent staff is defined as an
individual caring for children 32 hours per week. An individual can count as more, or less,
than one full-time equivalent staff, but as no more than two full-time equivalent staff.
new text end
Sec. 31. new text begin DIRECTION TO COMMISSIONER; INCREASE FOR MAXIMUM CHILD
CARE ASSISTANCE RATES.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the
commissioner must allocate the additional basic sliding fee child care funds for calendar
year 2024 to counties for updated maximum rates based on relative need to cover maximum
rate increases. In distributing the additional funds, the commissioner shall consider the
following factors by county:
new text end
new text begin
(1) the number of children;
new text end
new text begin
(2) the provider type;
new text end
new text begin
(3) the age of children served; and
new text end
new text begin
(4) the amount of the increase in maximum rates.
new text end
Sec. 32. new text begin DIRECTION TO COMMISSIONER; ALLOCATING BASIC SLIDING
FEE FUNDS.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the
commissioner of human services must allocate additional basic sliding fee child care money
for calendar year 2025 to counties and Tribes to account for the change in the definition of
family in Minnesota Statutes, section 119B.011, in this article. In allocating the additional
money, the commissioner shall consider:
new text end
new text begin
(1) the number of children in the county or Tribe who receive care from a relative
custodian who accepted a transfer of permanent legal and physical custody of a child under
section 260C.515, subdivision 4, or similar permanency disposition in Tribal code; successor
custodian or guardian as established according to section 256N.22, subdivision 10; or foster
parents in a family foster home under section 260C.007, subdivision 16b; and
new text end
new text begin
(2) the average basic sliding fee cost of care in the county or Tribe.
new text end
Sec. 33. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, section 119B.03, subdivision 4,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, section 245C.11, subdivision 3,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (a) is effective July 1, 2023. Paragraph (b) is effective
April 28, 2025.
new text end
ARTICLE 2
CHILD SAFETY AND PERMANENCY
Section 1.
new text begin
[256.4791] INDEPENDENT LIVING SKILLS FOR FOSTER YOUTH
GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Program established. new text end
new text begin
The commissioner shall establish direct grants to
local social service agencies, Tribes, and other organizations to provide independent living
services to eligible foster youth as described under section 260C.452.
new text end
new text begin Subd. 2. new text end
new text begin Grant awards. new text end
new text begin
The commissioner shall request proposals and make grants to
eligible applicants. The commissioner shall determine the timing and form of the application
and the criteria for making grant awards to eligible applicants.
new text end
new text begin Subd. 3. new text end
new text begin Program reporting. new text end
new text begin
Grant recipients shall provide the commissioner with a
report that describes all of the activities and outcomes of services funded by the grant
program in a format and at a time determined by the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Undistributed funds. new text end
new text begin
Undistributed funds must be reallocated by the
commissioner for the goals of the grant process. Undistributed funds are available until
expended.
new text end
Sec. 2.
new text begin
[256.4792] SUPPORT BEYOND 21 GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment and authority. new text end
new text begin
The commissioner shall establish grants
to one or more community-based organizations to provide services and financial support
to youth eligible for the support beyond 21 program under section 260C.451, subdivision
8b.
new text end
new text begin Subd. 2. new text end
new text begin Distribution of funds by the grantee. new text end
new text begin
(a) The grantee shall distribute support
beyond 21 grant program funds to eligible youth to be used for basic well-being needs and
housing as determined solely by the youth.
new text end
new text begin
(b) The grantee shall distribute support beyond 21 grant funds on a monthly basis for
12 months.
new text end
new text begin
(c) Once a youth has completed the program, the youth must receive a stipend to complete
an exit survey on their experiences in the program.
new text end
new text begin
(d) A grantee may not deny funding to a youth based on any criteria beyond a youth's
eligibility for the support beyond 21 program under section 260C.451, subdivision 8b.
new text end
new text begin Subd. 3. new text end
new text begin Reporting. new text end
new text begin
The selected grantee must report quarterly to the commissioner of
human services in order to receive the quarterly payment. Information to be reported includes:
new text end
new text begin
(1) a list of eligible youth who have been referred;
new text end
new text begin
(2) the amount of funds that have been distributed to each youth per month;
new text end
new text begin
(3) any surveys completed by youth leaving the support beyond 21 program; and
new text end
new text begin
(4) other data as determined by the commissioner.
new text end
Sec. 3.
new text begin
[256K.47] MINOR CONNECT GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Grant program established. new text end
new text begin
The commissioner of human services shall
establish a grant program for the development, implementation, and evaluation of services
to increase housing stability for unaccompanied minors who are experiencing homelessness
or who are at risk of homelessness and not currently receiving child welfare services.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) The definitions in this subdivision apply to this section and
have the meanings given.
new text end
new text begin
(b) "Child welfare services" means services provided to children by a local social services
agency or a Tribal social services agency.
new text end
new text begin
(c) "Commissioner" means the commissioner of human services.
new text end
new text begin
(d) "Community-based provider" means an organization that provides services to
unaccompanied minors who are experiencing homelessness or who are at risk of
homelessness.
new text end
new text begin
(e) "Local social services agency" means a local agency under the authority of a county
welfare or human services board or county board of commissioners that is responsible for
human services.
new text end
new text begin
(f) "Tribal social services agency" means the unit under the authority of the governing
body of a federally recognized Indian Tribe in Minnesota that is responsible for human
services.
new text end
new text begin
(g) "Unaccompanied minor" means a person 17 years of age or younger who is alone
without the person's parent or guardian.
new text end
new text begin Subd. 3. new text end
new text begin Grant eligibility and uses. new text end
new text begin
(a) Eligible applicants include local social services
agencies, Tribal social services agencies, and community-based providers.
new text end
new text begin
(b) The commissioner must award grants to eligible applicants for the development,
implementation, and evaluation of activities and services that increase housing stability for
unaccompanied minors who are experiencing homelessness or who are at risk of
homelessness and not currently receiving child welfare services. Eligible uses of grant
money include:
new text end
new text begin
(1) identifying and addressing structural factors that contribute to unaccompanied minors
who are experiencing homelessness or who are being at risk of homelessness;
new text end
new text begin
(2) identifying and implementing strategies to reduce racial disparities in service delivery
and outcomes for unaccompanied minors who are experiencing homelessness or who are
at risk of homelessness;
new text end
new text begin
(3) providing culturally appropriate services that increase housing stability to an
unaccompanied minor. Culturally appropriate services must be based on the minor's cultural
values, beliefs, and practices and the cultural values, beliefs, and practices of the minor's
family, community, and Tribe;
new text end
new text begin
(4) using placement and reunification strategies to maintain and support an
unaccompanied minor's relationships with the minor's parents, siblings, children, kin,
significant others, and Tribe; and
new text end
new text begin
(5) supporting an unaccompanied minor and the minor's family in the minor's community
to safely avoid entering the child welfare system whenever possible.
new text end
new text begin
(c) The commissioner may give priority to grants that involve collaboration between
local social services agencies, Tribal social services agencies, and community-based
providers.
new text end
new text begin Subd. 4. new text end
new text begin Reporting. new text end
new text begin
Local social services agencies, Tribal social services agencies and
community-based agencies must report quarterly to the commissioner:
new text end
new text begin
(1) the number and identity of unaccompanied minors that the agencies serve who are
experiencing homelessness or who are at risk of homelessness;
new text end
new text begin
(2) the actions that the agency has taken to increase housing stability for unaccompanied
minors who are experiencing homelessness or who are at risk of homelessness;
new text end
new text begin
(3) any patterns identified by the agency that contribute to a lack of housing stability
for unaccompanied minors who are experiencing homelessness or who are at risk of
homelessness; and
new text end
new text begin
(4) the changes needed in the community to prevent unaccompanied minors from
experiencing homelessness or being at risk of homelessness.
new text end
Sec. 4.
new text begin
[260.014] FAMILY FIRST PREVENTION AND EARLY INTERVENTION
ALLOCATION PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization. new text end
new text begin
The commissioner shall establish a program that allocates
money to counties and federally recognized Tribes in Minnesota to provide prevention and
early intervention services under the Family First Prevention Services Act in Public Law
115-123.
new text end
new text begin Subd. 2. new text end
new text begin Uses. new text end
new text begin
(a) Money allocated to counties and Tribes may be used for the following
purposes:
new text end
new text begin
(1) to implement or expand any service or program that is included in the state's
prevention plan;
new text end
new text begin
(2) to implement or expand any proposed service or program;
new text end
new text begin
(3) to implement or expand any existing service or programming; and
new text end
new text begin
(4) any other use approved by the commissioner.
new text end
new text begin
A county or a Tribe must use at least ten percent of the allocation to provide services and
supports directly to families.
new text end
new text begin Subd. 3. new text end
new text begin Payments. new text end
new text begin
(a) The commissioner shall allocate state funds appropriated under
this section to each county board or Tribe on a calendar-year basis using a formula established
by the commissioner.
new text end
new text begin
(b) Notwithstanding this subdivision, to the extent that money is available, no county
or Tribe shall be allocated less than:
new text end
new text begin
(1) $25,000 in calendar year 2024;
new text end
new text begin
(2) $50,000 in calendar year 2025; and
new text end
new text begin
(3) $75,000 in calendar year 2026 and each year thereafter.
new text end
new text begin
(c) A county agency or an initiative Tribe must submit a plan and report the use of money
as determined by the commissioner.
new text end
new text begin
(d) The commissioner may distribute money under this section for a two-year period.
new text end
new text begin Subd. 4. new text end
new text begin Prohibition on supplanting existing funds. new text end
new text begin
Funds received under this section
must be used to address prevention and early intervention staffing, programming, and other
activities as determined by the commissioner. Funds must not be used to supplant current
county or Tribal expenditures for these purposes.
new text end
Sec. 5.
Minnesota Statutes 2022, section 260.761, subdivision 2, is amended to read:
Subd. 2.
Agency and court notice to tribes.
(a) When a local social services agency
has information that a family assessment deleted text begin ordeleted text end new text begin ,new text end investigationnew text begin , or noncaregiver sex trafficking
assessmentnew text end being conducted may involve an Indian child, the local social services agency
shall notify the Indian child's tribe of the family assessment deleted text begin ordeleted text end new text begin ,new text end investigationnew text begin , or noncaregiver
sex trafficking assessmentnew text end according to section 260E.18. new text begin The local social services agency
shall provide new text end initial notice deleted text begin shall be provideddeleted text end by telephone and by email or facsimile. The
local social services agency shall request that the tribe or a designated tribal representative
participate in evaluating the family circumstances, identifying family and tribal community
resources, and developing case plans.
(b) When a local social services agency has information that a child receiving services
may be an Indian child, the local social services agency shall notify the tribe by telephone
and by email or facsimile of the child's full name and date of birth, the full names and dates
of birth of the child's biological parents, and, if known, the full names and dates of birth of
the child's grandparents and of the child's Indian custodian. This notification must be provided
deleted text begin sodeleted text end new text begin fornew text end the tribe deleted text begin candeleted text end new text begin tonew text end determine if the child is enrolled in the tribe or eligible fornew text begin Tribalnew text end
membership, and deleted text begin must be provideddeleted text end new text begin the agency must provide this notification to the Tribenew text end
within seven daysnew text begin of receiving information that the child may be an Indian childnew text end . If
information regarding the child's grandparents or Indian custodian is not available within
the seven-day period, the local social services agency shall continue to request this
information and shall notify the tribe when it is received. Notice shall be provided to all
tribes to which the child may have any tribal lineage. If the identity or location of the child's
parent or Indian custodian and tribe cannot be determined, the local social services agency
shall provide the notice required in this paragraph to the United States secretary of the
interior.
(c) In accordance with sections 260C.151 and 260C.152, when a court has reason to
believe that a child placed in emergency protective care is an Indian child, the court
administrator or a designee shall, as soon as possible and before a hearing takes place, notify
the tribal social services agency by telephone and by email or facsimile of the date, time,
and location of the emergency protective case hearing. The court shall make efforts to allow
appearances by telephone for tribal representatives, parents, and Indian custodians.
(d) A local social services agency must provide the notices required under this subdivision
at the earliest possible time to facilitate involvement of the Indian child's tribe. Nothing in
this subdivision is intended to hinder the ability of the local social services agency and the
court to respond to an emergency situation. Lack of participation by a tribe shall not prevent
the tribe from intervening in services and proceedings at a later date. A tribe may participatenew text begin
in a casenew text end at any time. At any stage of the local social services agency's involvement with
an Indian child, the agency shall provide full cooperation to the tribal social services agency,
including disclosure of all data concerning the Indian child. Nothing in this subdivision
relieves the local social services agency of satisfying the notice requirements in the Indian
Child Welfare Act.
Sec. 6.
new text begin
[260.786] CHILD WELFARE STAFF ALLOCATION FOR TRIBES.
new text end
new text begin Subdivision 1. new text end
new text begin Allocations. new text end
new text begin
The commissioner shall allocate $80,000 annually to each
of Minnesota's federally recognized Tribes that, at the beginning of the fiscal year, have not
joined the American Indian Child welfare initiative under section 256.01, subdivision 14b.
Tribes not participating in the initiative are: Bois Fort Band of Chippewa, Fond du Lac
Band of Lake Superior Chippewa, Grand Portage Band of Lake Superior Chippewa, Lower
Sioux Indian Community, Prairie Island Indian Community, and Upper Sioux Indian
Community.
new text end
new text begin Subd. 2. new text end
new text begin Purposes. new text end
new text begin
Funds must be used to address staffing for child protection or child
welfare services. Funds must not be used to supplant current Tribal expenditures for these
purposes.
new text end
new text begin Subd. 3. new text end
new text begin Reporting. new text end
new text begin
By June 1 each year, Tribes receiving these funds shall provide a
report to the commissioner. The report shall be written in a manner prescribed by the
commissioner and must include an accounting of funds spent, staff hired, job duties, and
other information as required by the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Redistribution of funds. new text end
new text begin
If a Tribe joins the American Indian child welfare
initiative, the payment for that Tribe shall be distributed equally among the remaining Tribes
receiving an allocation under this section.
new text end
Sec. 7.
Minnesota Statutes 2022, section 260C.007, subdivision 14, is amended to read:
Subd. 14.
Egregious harm.
"Egregious harm" means the infliction of bodily harm to a
child or neglect of a child which demonstrates a grossly inadequate ability to provide
minimally adequate parental care. The egregious harm need not have occurred in the state
or in the county where a termination of parental rights action deleted text begin is otherwise properly venueddeleted text end new text begin
has proper venuenew text end . Egregious harm includes, but is not limited to:
(1) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes a violation of sections 609.185 to
609.2114, 609.222, subdivision 2, 609.223, or any other similar law of any other state;
(2) the infliction of "substantial bodily harm" to a child, as defined in section 609.02,
subdivision 7a;
(3) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes felony malicious punishment of a
child under section 609.377;
(4) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes felony unreasonable restraint of a
child under section 609.255, subdivision 3;
(5) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes felony neglect or endangerment of
a child under section 609.378;
(6) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes assault under section 609.221, 609.222,
or 609.223;
(7) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutesnew text begin sex trafficking,new text end solicitation,
inducement, deleted text begin ordeleted text end promotion of, or receiving profit derived from prostitution under section
609.322;
(8) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes murder or voluntary manslaughter
as defined by United States Code, title 18, section 1111(a) or 1112(a);
(9) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes aiding or abetting, attempting,
conspiring, or soliciting to commit a murder or voluntary manslaughter that constitutes a
violation of United States Code, title 18, section 1111(a) or 1112(a); or
(10) conduct toward a child that constitutes criminal sexual conduct under sections
609.342 to 609.345 or sexual extortion under section 609.3458.
Sec. 8.
Minnesota Statutes 2022, section 260C.451, is amended by adding a subdivision
to read:
new text begin Subd. 8a. new text end
new text begin Transition planing. new text end
new text begin
(a) For a youth who will be discharged from foster care
at 21 years of age or older, the responsible social services agency must develop an individual
transition plan as directed by the youth during the 180-day period immediately prior to the
youth's expected date of discharge according to section 260C.452, subdivision 4. The youth's
individual transition plan may be shared with a contracted agency providing case management
services to the youth under section 260C.452.
new text end
new text begin
(b) As part of transition planning, the responsible social services agency must inform a
youth preparing to leave extended foster care of the youth's eligibility for the support beyond
21 program under subdivision 8b and must include that program in the individual transition
plan for the eligible youth. Consistent with section 13.46, the local social services agency
or initiative Tribe must refer a youth to the support beyond 21 program by providing the
program with the youth's contact information
new text end
Sec. 9.
Minnesota Statutes 2022, section 260C.451, is amended by adding a subdivision
to read:
new text begin Subd. 8b. new text end
new text begin Support beyond 21 program. new text end
new text begin
(a) The commissioner shall establish the support
beyond 21 program to provide financial assistance to a youth leaving foster care to help
ensure that the youth's basic needs are met as the youth transitions into adulthood.
new text end
new text begin
(b) An individual who has left extended foster care and was discharged at the age of 21
under subdivision 3 is eligible for the support beyond 21 program.
new text end
new text begin
(c) An eligible youth receiving benefits under the support beyond 21 program is also
eligible for the successful transition to adulthood program under section 260C.452.
new text end
new text begin
(d) A youth who transitions to adult residential services under section 256B.092 or
256B.49 or a youth in a correctional facility licensed under section 241.021 is not eligible
for the support beyond 21 program.
new text end
new text begin
(e) To the extent that funds are available under section 256.4791, an eligible youth who
participates in the support beyond 21 program must receive monthly financial assistance
for 12 months after the youth is discharged from extended foster care under subdivision 3.
The funds are available to assist the youth in meeting basic well-being and housing needs
as determined solely by the youth. Monthly payments must be reduced quarterly. Payments
must be made by a grantee according to the requirements of section 256.4791.
new text end
Sec. 10.
Minnesota Statutes 2022, section 260C.452, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Independent living skills grant program. new text end
new text begin
(a) The commissioner shall establish
direct grants to local social service agencies, Tribes, and other community organizations to
provide independent living services to eligible youth under this section.
new text end
new text begin
(b)The commissioner shall make allocations, request proposals, and specify the
information and criteria required for applications to the independent living skills grant
program.
new text end
Sec. 11.
Minnesota Statutes 2022, section 260C.605, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
(a) Reasonable efforts to finalize the adoption of a child
under the guardianship of the commissioner shall be made by the responsible social services
agency responsible for permanency planning for the child.new text begin The responsible social services
agency's reasonable efforts to finalize the adoption of a child under the guardianship of the
commissioner of human services must be subject to supervision by the commissioner
pursuant to section 393.07.
new text end
(b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent who
will commit to being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made concurrently
with reasonable, or if the child is an Indian child, active efforts to reunify the child with the
parent.
(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under section
260C.204.
(d) Reasonable efforts to finalize the adoption of the child include:
(1) considering the child's preference for an adoptive family;
(2) using age-appropriate engagement strategies to plan for adoption with the child;
(3) identifying an appropriate prospective adoptive parent for the child by updating the
child's identified needs using the factors in section 260C.212, subdivision 2;
(4) making an adoptive placement that meets the child's needs by:
(i) completing or updating the relative search required under section 260C.221 and giving
notice of the need for an adoptive home for the child to:
(A) relatives who have kept the agency or the court apprised of their whereabouts; or
(B) relatives of the child who are located in an updated search;
(ii) an updated search is required whenever:
(A) there is no identified prospective adoptive placement for the child notwithstanding
a finding by the court that the agency made diligent efforts under section 260C.221, in a
hearing required under section 260C.202;
(B) the child is removed from the home of an adopting parent; or
(C) the court determines that a relative search by the agency is in the best interests of
the child;
(iii) engaging the child's relatives or current or former foster parents to commit to being
the prospective adoptive parent of the child, and considering the child's relatives for adoptive
placement of the child in the order specified under section 260C.212, subdivision 2, paragraph
(a); or
(iv) when there is no identified prospective adoptive parent:
(A) registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exception to placing the child on the state
adoption exchange reported to the commissioner;
(B) reviewing all families with approved adoption home studies associated with the
responsible social services agency;
(C) presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;
(D) using newspapers and other media to promote the particular child;
(E) using a private agency under grant contract with the commissioner to provide adoption
services for intensive child-specific recruitment efforts; and
(F) making any other efforts or using any other resources reasonably calculated to identify
a prospective adoption parent for the child;
(5) updating and completing the social and medical history required under sections
260C.212, subdivision 15, and 260C.609;
(6) making, and keeping updated, appropriate referrals required by section 260.851, the
Interstate Compact on the Placement of Children;
(7) giving notice regarding the responsibilities of an adoptive parent to any prospective
adoptive parent as required under section 259.35;
(8) offering the adopting parent the opportunity to apply for or decline adoption assistance
under chapter 256N;
(9) certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of payment
if the adopting parent has applied for adoption assistance;
(10) placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and
(11) working with the adopting parent to file a petition to adopt the child and with the
court administrator to obtain a timely hearing to finalize the adoption.
Sec. 12.
Minnesota Statutes 2022, section 260C.605, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Quality assurance of recruitment efforts. new text end
new text begin
The commissioner of human services
shall establish an ongoing quality assurance process for recruitment efforts to monitor service
integrity, including practice standards and training, consumer surveys, and random reviews
of documentation.
new text end
Sec. 13.
Minnesota Statutes 2022, section 260C.704, is amended to read:
260C.704 REQUIREMENTS FOR THE QUALIFIED INDIVIDUAL'S
ASSESSMENT OF THE CHILD FOR PLACEMENT IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM.
(a) A qualified individual must complete an assessment of the child prior to the child's
placement in a qualified residential treatment program in a format approved by the
commissioner of human services unless, due to a crisis, the child must immediately be
placed in a qualified residential treatment program. When a child must immediately be
placed in a qualified residential treatment program without an assessment, the qualified
individual must complete the child's assessment within 30 days of the child's placement.
The qualified individual must:
(1) assess the child's needs and strengths, using an age-appropriate, evidence-based,
validated, functional assessment approved by the commissioner of human services;
(2) determine whether the child's needs can be met by the child's family members or
through placement in a family foster home; or, if not, determine which residential setting
would provide the child with the most effective and appropriate level of care to the child
in the least restrictive environment;
(3) develop a list of short- and long-term mental and behavioral health goals for the
child; and
(4) work with the child's family and permanency team using culturally competent
practices.
If a level of care determination was conducted under section 245.4885, that information
must be shared with the qualified individual and the juvenile treatment screening team.
(b) The child and the child's parents, when appropriate, may request that a specific
culturally competent qualified individual complete the child's assessment. The agency shall
make efforts to refer the child to the identified qualified individual to complete the
assessment. The assessment must not be delayed for a specific qualified individual to
complete the assessment.
(c) The qualified individual must provide the assessment, when complete, to the
responsible social services agency. If the assessment recommends placement of the child
in a qualified residential treatment facility, the agency must distribute the assessment to the
child's parent or legal guardian and file the assessment with the court report as required in
section 260C.71, subdivision 2. If the assessment does not recommend placement in a
qualified residential treatment facility, the agency must provide a copy of the assessment
to the parents or legal guardians and the guardian ad litem and file the assessment
determination with the court at the next required hearing as required in section 260C.71,
subdivision 5. If court rules and chapter 13 permit disclosure of the results of the child's
assessment, the agency may share the results of the child's assessment with the child's foster
care provider, other members of the child's family, and the family and permanency team.
The agency must not share the child's private medical data with the family and permanency
team unless: (1) chapter 13 permits the agency to disclose the child's private medical data
to the family and permanency team; or (2) the child's parent has authorized the agency to
disclose the child's private medical data to the family and permanency team.
(d) For an Indian child, the assessment of the child must follow the order of placement
preferences in the Indian Child Welfare Act of 1978, United States Code, title 25, section
1915.
(e) In the assessment determination, the qualified individual must specify in writing:
(1) the reasons why the child's needs cannot be met by the child's family or in a family
foster home. A shortage of family foster homes is not an acceptable reason for determining
that a family foster home cannot meet a child's needs;
(2) why the recommended placement in a qualified residential treatment program will
provide the child with the most effective and appropriate level of care to meet the child's
needs in the least restrictive environment possible and how placing the child at the treatment
program is consistent with the short-term and long-term goals of the child's permanency
plan; and
(3) if the qualified individual's placement recommendation is not the placement setting
that the parent, family and permanency team, child, or tribe prefer, the qualified individual
must identify the reasons why the qualified individual does not recommend the parent's,
family and permanency team's, child's, or tribe's placement preferences. The out-of-home
placement plan under section 260C.708 must also include reasons why the qualified
individual did not recommend the preferences of the parents, family and permanency team,
child, or tribe.
(f) If the qualified individual determines that the child's family or a family foster home
or other less restrictive placement may meet the child's needs, the agency must move the
child out of the qualified residential treatment program and transition the child to a less
restrictive setting within 30 days of the determination. If the responsible social services
agency has placement authority of the child, the agency must make a plan for the child's
placement according to section 260C.212, subdivision 2. The agency must file the child's
assessment determination with the court at the next required hearing.
(g) If the qualified individual recommends placing the child in a qualified residential
treatment program and if the responsible social services agency has placement authority of
the child, the agency shall make referrals to appropriate qualified residential treatment
programs and, upon acceptance by an appropriate program, place the child in an approved
or certified qualified residential treatment program.
new text begin
(h) The commissioner shall establish a review process for a qualified individual's
completed assessment of a child. The review process must be developed with county and
Tribal agency representatives. The review process must ensure that the qualified individual's
assessment is an independent, objective assessment that recommends the least restrictive
setting to meet the child's needs.
new text end
Sec. 14.
Minnesota Statutes 2022, section 260E.01, is amended to read:
260E.01 POLICY.
(a) The legislature hereby declares that the public policy of this state is to protect children
whose health or welfare may be jeopardized through maltreatment. While it is recognized
that most parents want to keep their children safe, sometimes circumstances or conditions
interfere with their ability to do so. When this occurs, the health and safety of the children
must be of paramount concern. Intervention and prevention efforts must address immediate
concerns for child safety and the ongoing risk of maltreatment and should engage the
protective capacities of families. In furtherance of this public policy, it is the intent of the
legislature under this chapter to:
(1) protect children and promote child safety;
(2) strengthen the family;
(3) make the home, school, and community safe for children by promoting responsible
child care in all settings; and
(4) provide, when necessary, a safe temporary or permanent home environment for
maltreated children.
(b) In addition, it is the policy of this state to:
(1) require the reporting of maltreatment of children in the home, school, and community
settings;
(2) provide for deleted text begin thedeleted text end voluntary reporting of maltreatment of children;
(3) require an investigation when the report alleges sexual abuse or substantial child
endangermentnew text begin , except when the report alleges sex trafficking by a noncaregiver sex traffickernew text end ;
(4) provide a family assessment, if appropriate, when the report does not allege sexual
abuse or substantial child endangerment; deleted text begin and
deleted text end
(5) new text begin provide a noncaregiver sex trafficking assessment when the report alleges sex
trafficking by a noncaregiver sex trafficker; and
new text end
new text begin (6) new text end provide protective, family support, and family preservation services when needed
in appropriate cases.
Sec. 15.
Minnesota Statutes 2022, section 260E.02, subdivision 1, is amended to read:
Subdivision 1.
Establishment of team.
A county shall establish a multidisciplinary
child protection team that may include, but new text begin is new text end not deleted text begin bedeleted text end limited to, the director of the local
welfare agency or designees, the county attorney or designees, the county sheriff or designees,
representatives of health and education, representatives of mental healthnew text begin , representatives of
agencies providing specialized services or responding to youth who experience or are at
risk of experiencing sex trafficking or sexual exploitation,new text end or other appropriate human
services or community-based agencies, and parent groups. As used in this section, a
"community-based agency" may include, but is not limited to, schools, social services
agencies, family service and mental health collaboratives, children's advocacy centers, early
childhood and family education programs, Head Start, or other agencies serving children
and families. A member of the team must be designated as the lead person of the team
responsible for the planning process to develop standards for the team's activities with
battered women's and domestic abuse programs and services.
Sec. 16.
Minnesota Statutes 2022, section 260E.03, is amended by adding a subdivision
to read:
new text begin Subd. 15a. new text end
new text begin Noncaregiver sex trafficker. new text end
new text begin
"Noncaregiver sex trafficker" means an
individual who is alleged to have engaged in the act of sex trafficking a child and who is
not a person responsible for the child's care, who does not have a significant relationship
with the child as defined in section 609.341, and who is not a person in a current or recent
position of authority as defined in section 609.341, subdivision 10.
new text end
Sec. 17.
Minnesota Statutes 2022, section 260E.03, is amended by adding a subdivision
to read:
new text begin Subd. 15b. new text end
new text begin Noncaregiver sex trafficking assessment. new text end
new text begin
"Noncaregiver sex trafficking
assessment" is a comprehensive assessment of child safety, the risk of subsequent child
maltreatment, and strengths and needs of the child and family. The local welfare agency
shall only perform a noncaregiver sex trafficking assessment when a maltreatment report
alleges sex trafficking of a child by someone other than the child's caregiver. A noncaregiver
sex trafficking assessment does not include a determination of whether child maltreatment
occurred. A noncaregiver sex trafficking assessment includes a determination of a family's
need for services to address the safety of the child or children, the safety of family members,
and the risk of subsequent child maltreatment.
new text end
Sec. 18.
Minnesota Statutes 2022, section 260E.03, subdivision 22, is amended to read:
Subd. 22.
Substantial child endangerment.
"Substantial child endangerment" means
that a person responsible for a child's care, by act or omission, commits or attempts to
commit an act against a child deleted text begin under theirdeleted text end new text begin in the person'snew text end care that constitutes any of the
following:
(1) egregious harm under subdivision 5;
(2) abandonment under section 260C.301, subdivision 2;
(3) neglect under subdivision 15, paragraph (a), clause (2), that substantially endangers
the child's physical or mental health, including a growth delay, which may be referred to
as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(5) manslaughter in the first or second degree under section 609.20 or 609.205;
(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(7)new text begin sex trafficking,new text end solicitation, inducement, deleted text begin anddeleted text end new text begin ornew text end promotion of prostitution under
section 609.322;
(8) criminal sexual conduct under sections 609.342 to 609.3451;
(9) sexual extortion under section 609.3458;
(10) solicitation of children to engage in sexual conduct under section 609.352;
(11) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;
(12) use of a minor in sexual performance under section 617.246; or
(13) parental behavior, status, or condition deleted text begin that mandates thatdeleted text end new text begin requiringnew text end the county
attorneynew text begin tonew text end file a termination of parental rights petition under section 260C.503, subdivision
2.
Sec. 19.
Minnesota Statutes 2022, section 260E.14, subdivision 2, is amended to read:
Subd. 2.
Sexual abuse.
(a) The local welfare agency is the agency responsible for
investigating an allegation of sexual abuse if the alleged offender is the parent, guardian,
sibling, or an individual functioning within the family unit as a person responsible for the
child's care, or a person with a significant relationship to the child if that person resides in
the child's household.
(b) The local welfare agency is also responsible for new text begin assessing or new text end investigating when a
child is identified as a victim of sex trafficking.
Sec. 20.
Minnesota Statutes 2022, section 260E.14, subdivision 5, is amended to read:
Subd. 5.
Law enforcement.
(a) The local law enforcement agency is the agency
responsible for investigating a report of maltreatment if a violation of a criminal statute is
alleged.
(b) Law enforcement and the responsible agency must coordinate their investigations
or assessments as required under this chapter when deleted text begin thedeleted text end new text begin : (1) anew text end report alleges maltreatment
that is a violation of a criminal statute by a person who is a parent, guardian, sibling, person
responsible for the child's care deleted text begin functioningdeleted text end within the family unit, ornew text begin by anew text end person who lives
in the child's household and who has a significant relationship to the childdeleted text begin ,deleted text end in a setting other
than a facility as defined in section 260E.03new text begin ; or (2) a report alleges sex trafficking of a childnew text end .
Sec. 21.
Minnesota Statutes 2022, section 260E.17, subdivision 1, is amended to read:
Subdivision 1.
Local welfare agency.
(a) Upon receipt of a report, the local welfare
agency shall determine whether to conduct a family assessment deleted text begin ordeleted text end new text begin ,new text end an investigationnew text begin , or a
noncaregiver sex trafficking assessment new text end as appropriate to prevent or provide a remedy for
maltreatment.
(b) The local welfare agency shall conduct an investigation when the report involves
sexual abusenew text begin , except as indicated in paragraph (f),new text end or substantial child endangerment.
(c) The local welfare agency shall begin an immediate investigation deleted text begin if,deleted text end at any time when
the local welfare agency is deleted text begin usingdeleted text end new text begin responding withnew text end a family assessment deleted text begin response,deleted text end new text begin andnew text end the
local welfare agency determines that there is reason to believe that sexual abuse deleted text begin ordeleted text end new text begin ,new text end substantial
child endangermentnew text begin ,new text end or a serious threat to the child's safety exists.
(d) The local welfare agency may conduct a family assessment for reports that do not
allege sexual abusenew text begin , except as indicated in paragraph (f),new text end or substantial child endangerment.
In determining that a family assessment is appropriate, the local welfare agency may consider
issues of child safety, parental cooperation, and the need for an immediate response.
(e) The local welfare agency may conduct a family assessment deleted text begin ondeleted text end new text begin fornew text end a report that was
initially screened and assigned for an investigation. In determining that a complete
investigation is not required, the local welfare agency must document the reason for
terminating the investigation and notify the local law enforcement agency if the local law
enforcement agency is conducting a joint investigation.
new text begin
(f) The local welfare agency shall conduct a noncaregiver sex trafficking assessment
when a maltreatment report alleges sex trafficking of a child and the alleged offender is a
noncaregiver sex trafficker as defined by section 260E.03, subdivision 15a.
new text end
new text begin
(g) During a noncaregiver sex trafficking assessment, the local welfare agency shall
initiate an immediate investigation if there is reason to believe that a child's parent, caregiver,
or household member allegedly engaged in the act of sex trafficking a child or was alleged
to have engaged in any conduct requiring the agency to conduct an investigation.
new text end
Sec. 22.
Minnesota Statutes 2022, section 260E.18, is amended to read:
260E.18 NOTICE TO CHILD'S TRIBE.
The local welfare agency shall provide immediate notice, according to section 260.761,
subdivision 2, to an Indian child's tribe when the agency has reason to believe new text begin that new text end the family
assessment deleted text begin ordeleted text end new text begin ,new text end investigationnew text begin , or noncaregiver sex trafficking assessmentnew text end may involve an
Indian child. For purposes of this section, "immediate notice" means notice provided within
24 hours.
Sec. 23.
Minnesota Statutes 2022, section 260E.20, subdivision 2, is amended to read:
Subd. 2.
Face-to-face contact.
(a) Upon receipt of a screened in report, the local welfare
agency shall deleted text begin conduct adeleted text end new text begin havenew text end face-to-face contact with the child reported to be maltreated
and with the child's primary caregiver sufficient to complete a safety assessment and ensure
the immediate safety of the child. When it is possible and the report alleges substantial child
endangerment or sexual abuse, the local welfare agency is not required to provide notice
before conducting the initial face-to-face contact with the child and the child's primary
caregiver.
(b)new text begin Except in a noncaregiver sex trafficking assessment,new text end thenew text begin local welfare agency shall
havenew text end face-to-face contact with the child and primary caregiver deleted text begin shall occurdeleted text end immediatelynew text begin after
the agency screens in a reportnew text end if sexual abuse or substantial child endangerment is alleged
and within five calendar daysnew text begin of a screened in reportnew text end for all other reports. If the alleged
offender was not already interviewed as the primary caregiver, the local welfare agency
shall also conduct a face-to-face interview with the alleged offender in the early stages of
the assessment or investigationnew text begin , except in a noncaregiver sex trafficking assessmentnew text end .
Face-to-face contact with the child and primary caregiver in response to a report alleging
sexual abuse or substantial child endangerment may be postponed for no more than five
calendar days if the child is residing in a location that is confirmed to restrict contact with
the alleged offender as established in guidelines issued by the commissioner, or if the local
welfare agency is pursuing a court order for the child's caregiver to produce the child for
questioning under section 260E.22, subdivision 5.
(c) At the initial contact with the alleged offender, the local welfare agency or the agency
responsible for assessing or investigating the report must inform the alleged offender of the
complaints or allegations made against the individual in a manner consistent with laws
protecting the rights of the person who made the report. The interview with the alleged
offender may be postponed if it would jeopardize an active law enforcement investigation.new text begin
In a noncaregiver sex trafficking assessment, the local child welfare agency is not required
to inform or interview the alleged offender.
new text end
(d) The local welfare agency or the agency responsible for assessing or investigating
the report must provide the alleged offender with an opportunity to make a statementnew text begin , except
in a noncaregiver sex trafficking assessmentnew text end . The alleged offender may submit supporting
documentation relevant to the assessment or investigation.
Sec. 24.
Minnesota Statutes 2022, section 260E.24, subdivision 2, is amended to read:
Subd. 2.
Determination after family assessmentnew text begin or a noncaregiver sex trafficking
assessmentnew text end .
After conducting a family assessmentnew text begin or a noncaregiver sex trafficking
assessmentnew text end , the local welfare agency shall determine whether child protective services are
needed to address the safety of the child and other family members and the risk of subsequent
maltreatment. The local welfare agency must document the information collected under
section 260E.20, subdivision 3, related to the completed family assessment in the child's or
family's case notes.
Sec. 25.
Minnesota Statutes 2022, section 260E.24, subdivision 7, is amended to read:
Subd. 7.
Notification at conclusion of family assessmentnew text begin or a noncaregiver sex
trafficking assessmentnew text end .
Within ten working days of the conclusion of a family assessmentnew text begin
or a noncaregiver sex trafficking assessmentnew text end , the local welfare agency shall notify the parent
or guardian of the child of the need for services to address child safety concerns or significant
risk of subsequent maltreatment. The local welfare agency and the family may also jointly
agree that family support and family preservation services are needed.
Sec. 26.
Minnesota Statutes 2022, section 260E.33, subdivision 1, is amended to read:
Subdivision 1.
Followingnew text begin anew text end family assessmentnew text begin or a noncaregiver sex trafficking
assessmentnew text end .
Administrative reconsideration is not applicable to a family assessment new text begin or
noncaregiver sex trafficking assessment new text end since no determination concerning maltreatment
is made.
Sec. 27.
Minnesota Statutes 2022, section 260E.35, subdivision 6, is amended to read:
Subd. 6.
Data retention.
(a) Notwithstanding sections 138.163 and 138.17, a record
maintained or a record derived from a report of maltreatment by a local welfare agency,
agency responsible for assessing or investigating the report, court services agency, or school
under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible
authority.
(b) For a report alleging maltreatment that was not accepted for new text begin an new text end assessment or new text begin an
new text end investigation, a family assessment case, new text begin a noncaregiver sex trafficking assessment case, new text end and
a case where an investigation results in no determination of maltreatment or the need for
child protective services, the record must be maintained for a period of five years after the
datenew text begin thatnew text end the report was not accepted for assessment or investigation or the date of the final
entry in the case record. A record of a report that was not accepted must contain sufficient
information to identify the subjects of the report, the nature of the alleged maltreatment,
and the reasons deleted text begin as todeleted text end why the report was not accepted. Records under this paragraph may
not be used for employment, background checks, or purposes other than to assist in future
screening decisions and risk and safety assessments.
(c) All records relating to reports that, upon investigation, indicate deleted text begin eitherdeleted text end maltreatment
or a need for child protective services shall be maintained for ten years after the date of the
final entry in the case record.
(d) All records regarding a report of maltreatment, including a notification of intent to
interview that was received by a school under section 260E.22, subdivision 7, shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.
(e) Private or confidential data released to a court services agency under subdivision 3,
paragraph (d), must be destroyed by the court services agency when ordered to do so by the
local welfare agency that released the data. The local welfare agency or agency responsible
for assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.
Sec. 28.
new text begin
COMMUNITY RESOURCE CENTERS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following definitions
apply:
new text end
new text begin
(b) "Commissioner" means the commissioner of human services or the commissioner's
designee.
new text end
new text begin
(c) "Communities and families furthest from opportunity" means any community or
family that experiences inequities in accessing supports and services due to the community's
or family's circumstances, including but not limited to racism, income, disability, language,
gender, and geography.
new text end
new text begin
(d) "Community resource center" means a community-based coordinated point of entry
that provides relationship-based, culturally responsive service navigation and other supportive
services for expecting and parenting families and youth.
new text end
new text begin
(e) "Culturally responsive, relationship-based service navigation" means aiding families
in finding services and supports that are meaningful to them in ways that are built on trust
and that use cultural values, beliefs, and practices of families, communities, indigenous
families, and Tribal Nations for case planning, service design, and decision-making processes.
new text end
new text begin
(f) "Expecting and parenting family" means any configuration of parents, grandparents,
guardians, foster parents, kinship caregivers, and youth who are pregnant or expecting or
have children and youth they care for and support.
new text end
new text begin
(g) "Protective factors" means conditions or attributes of individuals, families,
communities, and the larger society that mitigate risk and promote the healthy development
and well-being of children, youth, and families, which are strengths that help to buffer and
support families.
new text end
new text begin Subd. 2. new text end
new text begin Community resource centers established. new text end
new text begin
The commissioner in consultation
with other state agencies, partners, and the Community Resource Center Advisory Council
may award grants to support planning, implementation, and evaluation of community
resource centers to provide relationship-based, culturally responsive service navigation,
parent, family, and caregiver supports to expecting and parenting families with a focus on
ensuring equitable access to programs and services that promote protective factors and
support children and families.
new text end
new text begin Subd. 3. new text end
new text begin Commissioner's duties; related infrastructure. new text end
new text begin
The commissioner in
consultation with the Community Resource Center Advisory Council shall:
new text end
new text begin
(1) develop a request for proposals to support community resource centers;
new text end
new text begin
(2) provide outreach and technical assistance to support applicants with data or other
matters pertaining to equity of access to funding;
new text end
new text begin
(3) provide technical assistance to grantees including but not limited to skill building
and professional development, trainings, evaluation, communities of practice, networking,
and trauma informed mental health consultation;
new text end
new text begin
(4) provide data collection and IT support; and
new text end
new text begin
(5) provide grant coordination and management focused on promoting equity and
accountability.
new text end
new text begin Subd. 4. new text end
new text begin Grantee duties. new text end
new text begin
At a minimum, grantees shall:
new text end
new text begin
(1) provide culturally responsive, relationship-based service navigation and supports for
expecting and parenting families;
new text end
new text begin
(2) improve community engagement and feedback loops to support continuous
improvement and program planning to better promote protective factors;
new text end
new text begin
(3) demonstrate community-based planning with multiple partners;
new text end
new text begin
(4) develop or use an existing parent and family advisory council consisting of community
members with lived expertise to advise the work of the grantee; and
new text end
new text begin
(5) participate in program evaluation, data collection, and technical assistance activities.
new text end
new text begin Subd. 5. new text end
new text begin Eligibility. new text end
new text begin
(a) Organizations eligible to receive grant funding under this section
include:
new text end
new text begin
(1) community-based organizations, Tribal Nations, urban Indian organizations, local
and county government agencies, schools, nonprofit agencies or any cooperative of these
organizations; and
new text end
new text begin
(2) organizations or cooperatives supporting communities and families furthest from
opportunity.
new text end
new text begin
(b) Funds must not be used to supplant any state or federal funds received by any grantee.
new text end
new text begin Subd. 6. new text end
new text begin
Community Resource Center Advisory Council; establishment and
duties.
new text end
new text begin
(a) The commissioner in consultation with other relevant state agencies shall appoint
members to the Community Resource Center Advisory Council.
new text end
new text begin
(b) Membership must be demographically and geographically diverse and include:
new text end
new text begin
(1) parents and family members with lived experience and who are furthest from
opportunity;
new text end
new text begin
(2) community-based organizations serving families furthest from opportunity;
new text end
new text begin
(3) Tribal and urban American Indian representatives;
new text end
new text begin
(4) county government representatives;
new text end
new text begin
(5) school and school district representatives; and
new text end
new text begin
(6) state partner representatives.
new text end
new text begin
(b) Duties of the Community Resource Center Advisory Council shall include but are
not limited to:
new text end
new text begin
(1) advising the commissioner on the development and funding of a network of
community resource centers;
new text end
new text begin
(2) advising the commissioner on the development of a request for proposal and grant
award processes;
new text end
new text begin
(3) advising the commissioner on the development of program outcomes and
accountability measures; and
new text end
new text begin
(4) advising the commissioner on ongoing oversight and necessary support in the
implementation of the community resource centers.
new text end
new text begin Subd. 7. new text end
new text begin Grantee reporting. new text end
new text begin
Grantees must report program data and outcomes in a
manner determined by the commissioner and the Community Resource Center Advisory
Council.
new text end
new text begin Subd. 8. new text end
new text begin Evaluation. new text end
new text begin
The commissioner in partnership with the Community Resource
Center Advisory Council shall develop an outcome and evaluation plan. A biannual report
must be developed that reflects the duties of the Community Resource Center Advisory
Council in subdivision 6 and may describe outcomes and impacts related to equity,
community partnerships, program and service availability, child development, family
well-being, and child welfare system involvement.
new text end
Sec. 29. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; FOSTER
CARE FEDERAL CASH ASSISTANCE BENEFITS PRESERVATION.
new text end
new text begin
(a) The commissioner of human services must develop a plan to preserve and make
available the income and resources attributable to a child in foster care to meet the best
interests of the child. The plan must include recommendations on:
new text end
new text begin
(1) policies for youth and caregiver access to preserved federal cash assistance benefit
payments;
new text end
new text begin
(2) representative payees for children in voluntary foster care for treatment pursuant to
Minnesota Statutes, chapter 260D; and
new text end
new text begin
(3) family preservation and reunification.
new text end
new text begin
(b) For purposes of this section, "income and resources attributed to a child" means all
benefits from programs administered by the Social Security Administration, including but
not limited to retirement, survivors benefits, disability insurance programs, Supplemental
Security Income, veterans benefits, and railroad retirement benefits.
new text end
new text begin
(c) When developing the plan under this section, the commissioner shall consult or
engage with:
new text end
new text begin
(1) individuals or entities with experience in managing trusts and investment;
new text end
new text begin
(2) individuals or entities with expertise in providing tax advice;
new text end
new text begin
(3) individuals or entities with expertise in preserving assets to avoid negative impact
on public assistance eligibility;
new text end
new text begin
(4) other relevant state agencies;
new text end
new text begin
(5) Tribal social services agencies;
new text end
new text begin
(6) counties;
new text end
new text begin
(7) the Children's Justice Initiative;
new text end
new text begin
(8) organizations that serve and advocate for children and families in the child protection
system;
new text end
new text begin
(9) parents, legal custodians, foster families, and kinship caregivers, to the extent possible;
new text end
new text begin
(10) youth who have been or are currently in out-of-home placement; and
new text end
new text begin
(11) other relevant stakeholders.
new text end
new text begin
(d) By December 15, 2023, each county shall provide the following data for fiscal years
2019 and 2021 to the commissioner in a form prescribed by the commissioner:
new text end
new text begin
(1) the nonduplicated number of children in foster care in the county who received
income and resources attributable to the child as defined in paragraph (b);
new text end
new text begin
(2) the number of children for whom the county was the representative payee for income
and resources attributable to the child; and
new text end
new text begin
(3) the amount of money that the county collected from income and resources attributable
to the child as the representative payee for children in the county.
new text end
new text begin
(e) By January 15, 2025, the commissioner shall submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over human services and
child welfare outlining the plan developed under this section. The report must include a
projected timeline for implementing the plan, estimated implementation costs, and any
legislative actions that may be required to implement the plan. The report must also include
data provided by counties related to the requirements for the parent or custodian of a child
to reimburse a county for the cost of care, examination, or treatment in subdivision (f).
new text end
new text begin
(f) By December 15, 2023, every county shall provide the commissioner of human
services with the following data from fiscal years 2019, 2020, and 2021 in a form prescribed
by the commissioner:
new text end
new text begin
(1) the nonduplicated number of cases in which the county received payments from a
parent or custodian of a child to reimburse the cost of care, examination, or treatment; and
new text end
new text begin
(2) the total amount in payments that the county collected from a parent or custodian of
a child to reimburse the cost of care, examination or treatment.
new text end
new text begin
(g) The commissioner may contract with an individual or entity to collect and analyze
financial data reported by counties in paragraphs (d) and (f).
new text end
ARTICLE 3
CHILD SUPPORT
Section 1.
Minnesota Statutes 2022, section 518A.31, is amended to read:
518A.31 SOCIAL SECURITY OR VETERANS' BENEFIT PAYMENTS
RECEIVED ON BEHALF OF THE CHILD.
(a) The amount of the monthly Social Security benefits or apportioned veterans' benefits
provided for a joint child shall be included in the gross income of the parent on whose
eligibility the benefits are based.
(b) The amount of the monthly survivors' and dependents' educational assistance provided
for a joint child shall be included in the gross income of the parent on whose eligibility the
benefits are based.
(c) If Social Security or apportioned veterans' benefits are provided for a joint child
based on the eligibility of the obligor, and are received by the obligee as a representative
payee for the child or by the child attending school, then the amount of the benefits shall
also be subtracted from the obligor's net child support obligation as calculated pursuant to
section 518A.34.
(d) If the survivors' and dependents' educational assistance is provided for a joint child
based on the eligibility of the obligor, and is received by the obligee as a representative
payee for the child or by the child attending school, then the amount of the assistance shall
also be subtracted from the obligor's net child support obligation as calculated under section
518A.34.
new text begin
(e) Upon a motion to modify child support, any regular or lump sum payment of Social
Security or apportioned veterans' benefit received by the obligee for the benefit of the joint
child based upon the obligor's disability prior to filing the motion to modify may be used
to satisfy arrears that remain due for the period of time for which the benefit was received.
This paragraph applies only if the derivative benefit was not considered in the guidelines
calculation of the previous child support order.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2022, section 518A.32, subdivision 3, is amended to read:
Subd. 3.
Parent not considered voluntarily unemployed, underemployed, or employed
on a less than full-time basis.
A parent is not considered voluntarily unemployed,
underemployed, or employed on a less than full-time basis upon a showing by the parent
that:
(1) the unemployment, underemployment, or employment on a less than full-time basis
is temporary and will ultimately lead to an increase in income;
(2) the unemployment, underemployment, or employment on a less than full-time basis
represents a bona fide career change that outweighs the adverse effect of that parent's
diminished income on the child; deleted text begin or
deleted text end
(3) the unemployment, underemployment, or employment on a less than full-time basis
is because a parent is physically or mentally incapacitated or due to incarcerationdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) a governmental agency authorized to determine eligibility for general assistance or
supplemental Social Security income has determined that the individual is eligible to receive
general assistance or supplemental Social Security income. Actual income earned by the
parent may be considered for the purpose of calculating child support.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 3.
Minnesota Statutes 2022, section 518A.32, subdivision 4, is amended to read:
Subd. 4.
TANF new text begin or MFIP new text end recipient.
If the parent of a joint child is a recipient of a
temporary assistance to a needy family (TANF) deleted text begin cashdeleted text end grantdeleted text begin ,deleted text end new text begin or comparable state-funded
Minnesota family investment program (MFIP) benefits,new text end no potential income is to be imputed
to that parent.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 4.
Minnesota Statutes 2022, section 518A.34, is amended to read:
518A.34 COMPUTATION OF CHILD SUPPORT OBLIGATIONS.
(a) To determine the presumptive child support obligation of a parent, the court shall
follow the procedure set forth in this section.
(b) To determine the obligor's basic support obligation, the court shall:
(1) determine the gross income of each parent under section 518A.29;
(2) calculate the parental income for determining child support (PICS) of each parent,
by subtracting from the gross income the credit, if any, for each parent's nonjoint children
under section 518A.33;
(3) determine the percentage contribution of each parent to the combined PICS by
dividing the combined PICS into each parent's PICS;
(4) determine the combined basic support obligation by application of the guidelines in
section 518A.35;
(5) determine each parent's share of the combined basic support obligation by multiplying
the percentage figure from clause (3) by the combined basic support obligation in clause
(4); and
(6) apply the parenting expense adjustment formula provided in section 518A.36 to
determine the obligor's basic support obligation.
(c) If the parents have split custody of joint children, child support must be calculated
for each joint child as follows:
(1) the court shall determine each parent's basic support obligation under paragraph (b)
and include the amount of each parent's obligation in the court order. If the basic support
calculation results in each parent owing support to the other, the court shall offset the higher
basic support obligation with the lower basic support obligation to determine the amount
to be paid by the parent with the higher obligation to the parent with the lower obligation.
For the purpose of the cost-of-living adjustment required under section 518A.75, the
adjustment must be based on each parent's basic support obligation prior to offset. For the
purposes of this paragraph, "split custody" means that there are two or more joint children
and each parent has at least one joint child more than 50 percent of the time;
(2) if each parent pays all child care expenses for at least one joint child, the court shall
calculate child care support for each joint child as provided in section 518A.40. The court
shall determine each parent's child care support obligation and include the amount of each
parent's obligation in the court order. If the child care support calculation results in each
parent owing support to the other, the court shall offset the higher child care support
obligation with the lower child care support obligation to determine the amount to be paid
by the parent with the higher obligation to the parent with the lower obligation; and
(3) if each parent pays all medical or dental insurance expenses for at least one joint
child, medical support shall be calculated for each joint child as provided in section 518A.41.
The court shall determine each parent's medical support obligation and include the amount
of each parent's obligation in the court order. If the medical support calculation results in
each parent owing support to the other, the court shall offset the higher medical support
obligation with the lower medical support obligation to determine the amount to be paid by
the parent with the higher obligation to the parent with the lower obligation. Unreimbursed
and uninsured medical expenses are not included in the presumptive amount of support
owed by a parent and are calculated and collected as provided in section 518A.41.
(d) The court shall determine the child care support obligation for the obligor as provided
in section 518A.40.
(e) The court shall determine the medical support obligation for each parent as provided
in section 518A.41. Unreimbursed and uninsured medical expenses are not included in the
presumptive amount of support owed by a parent and are calculated and collected as described
in section 518A.41.
(f) The court shall determine each parent's total child support obligation by adding
together each parent's basic support, child care support, and health care coverage obligations
as provided in this section.
(g) If Social Security benefits or veterans' benefits are received by one parent as a
representative payee for a joint child based on the other parent's eligibility, the court shall
subtract the amount of benefits from the other parent's net child support obligation, if any.new text begin
Any benefit received by the obligee for the benefit of the joint child based upon the obligor's
disability or past earnings in any given month in excess of the child support obligation must
not be treated as an arrearage payment or a future payment.
new text end
(h) The final child support order shall separately designate the amount owed for basic
support, child care support, and medical support. If applicable, the court shall use the
self-support adjustment and minimum support adjustment under section 518A.42 to determine
the obligor's child support obligation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 5.
Minnesota Statutes 2022, section 518A.41, is amended to read:
518A.41 MEDICAL SUPPORT.
Subdivision 1.
Definitions.
The definitions in this subdivision apply to this chapter and
chapter 518.
(a) "Health care coverage" means deleted text begin medical, dental, or other health care benefits that are
provided by one or more health plans. Health care coverage does not include any form of
public coveragedeleted text end new text begin private health care coverage, including fee for service, health maintenance
organization, preferred provider organization, and other types of private health care coverage.
Health care coverage also means public health care coverage under which medical or dental
services could be provided to a dependent childnew text end .
deleted text begin
(b) "Health carrier" means a carrier as defined in sections 62A.011, subdivision 2, and
62L.02, subdivision 16.
deleted text end
deleted text begin (c) "Health plan"deleted text end new text begin (b) "Private health care coverage"new text end means a new text begin health new text end plandeleted text begin , other than any
form of public coverage,deleted text end that provides medical, dental, or other health care benefits and is:
(1) provided on an individual or group basis;
(2) provided by an employer or union;
(3) purchased in the private market; deleted text begin or
deleted text end
new text begin
(4) provided through MinnesotaCare under chapter 256L; or
new text end
deleted text begin (4)deleted text end new text begin (5)new text end available to a person eligible to carry insurance for the joint child, including a
party's spouse or parent.
deleted text begin Health plandeleted text end new text begin Private health care coveragenew text end includes, but is not limited to, a new text begin health new text end plan meeting
the definition under section 62A.011, subdivision 3, except that the exclusion of coverage
designed solely to provide dental or vision care under section 62A.011, subdivision 3, clause
(6), does not apply to the definition of deleted text begin health plandeleted text end new text begin private health care coveragenew text end under this
section; a group health plan governed under the federal Employee Retirement Income
Security Act of 1974 (ERISA); a self-insured plan under sections 43A.23 to 43A.317 and
471.617; and a policy, contract, or certificate issued by a community-integrated service
network licensed under chapter 62N.
new text begin
(c) "Public health care coverage" means health care benefits provided by any form of
medical assistance under chapter 256B. Public health care coverage does not include
MinnesotaCare or health plans subsidized by federal premium tax credits or federal
cost-sharing reductions.
new text end
(d) "Medical support" means providing health care coverage for a joint child deleted text begin by carrying
health care coverage for the joint child ordeleted text end by contributing to the cost of health care coverage,deleted text begin
public coverage,deleted text end unreimbursed deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses, and uninsured deleted text begin medicaldeleted text end new text begin
health-relatednew text end expenses of the joint child.
(e) "National medical support notice" means an administrative notice issued by the public
authority to enforce health insurance provisions of a support order in accordance with Code
of Federal Regulations, title 45, section 303.32, in cases where the public authority provides
support enforcement services.
deleted text begin
(f) "Public coverage" means health care benefits provided by any form of medical
assistance under chapter 256B. Public coverage does not include MinnesotaCare or health
plans subsidized by federal premium tax credits or federal cost-sharing reductions.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end "Uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses" means a joint child's reasonable and
necessary deleted text begin health-relateddeleted text end new text begin medical and dentalnew text end expenses if the joint child is not covered by deleted text begin a
health plan or public coveragedeleted text end new text begin private health insurance carenew text end when the expenses are incurred.
deleted text begin (h)deleted text end new text begin (g)new text end "Unreimbursed deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses" means a joint child's reasonable
and necessary deleted text begin health-relateddeleted text end new text begin medical and dentalnew text end expenses if a joint child is covered by deleted text begin a
health plan or public coveragedeleted text end new text begin health care coveragenew text end and deleted text begin the plan ordeleted text end new text begin health carenew text end coverage
does not pay for the total cost of the expenses when the expenses are incurred. Unreimbursed
deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses do not include the cost of premiums. Unreimbursed deleted text begin medicaldeleted text end new text begin
health-relatednew text end expenses include, but are not limited to, deductibles, co-payments, and
expenses for orthodontia, and prescription eyeglasses and contact lenses, but not
over-the-counter medications if deleted text begin coverage is under a health plandeleted text end new text begin provided through health
care coveragenew text end .
Subd. 2.
Order.
(a) A completed national medical support notice issued by the public
authority or a court order that complies with this section is a qualified medical child support
order under the federal Employee Retirement Income Security Act of 1974 (ERISA), United
States Code, title 29, section 1169(a).
(b) Every order addressing child support must state:
(1) the names, last known addresses, and Social Security numbers of the parents and the
joint child that is a subject of the order unless the court prohibits the inclusion of an address
or Social Security number and orders the parents to provide the address and Social Security
number to the administrator of the health plan;
(2) deleted text begin if a joint child is not presently enrolled in health care coverage,deleted text end whether appropriate
health care coverage for the joint child is available and, if so, state:
(i) the parents' responsibilities for carrying health care coverage;
(ii) the cost of premiums and how the cost is allocated between the parents; deleted text begin and
deleted text end
(iii) the circumstances, if any, under which an obligation to provide new text begin private new text end health care
coverage for the joint child will shift from one parent to the other;new text begin and
new text end
deleted text begin (3) if appropriate health care coverage is not available for the joint child,deleted text end new text begin (iv)new text end whether
a contribution for deleted text begin medical supportdeleted text end new text begin public health care coveragenew text end is required; and
deleted text begin (4)deleted text end new text begin (3)new text end how unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses will be allocated
between the parents.
Subd. 3.
Determining appropriate health care coverage.
new text begin Public health care coverage
is presumed appropriate.new text end In determining whether a parent has appropriate new text begin private new text end health
care coverage for the joint child, the court must consider the following factors:
(1) comprehensiveness of new text begin private new text end health care coverage providing medical benefits.
Dependent new text begin private new text end health care coverage providing medical benefits is presumed
comprehensive if it includes medical and hospital coverage and provides for preventive,
emergency, acute, and chronic care; or if it meets the minimum essential coverage definition
in United States Code, title 26, section 5000A(f). If both parents have new text begin private new text end health care
coverage providing medical benefits that is presumed comprehensive under this paragraph,
the court must determine which parent's new text begin private health care new text end coverage is more comprehensive
by considering what other benefits are included in the new text begin private health care new text end coverage;
(2) accessibility. Dependent new text begin private new text end health care coverage is accessible if the covered
joint child can obtain services from a health plan provider with reasonable effort by the
parent with whom the joint child resides. new text begin Private new text end health care coverage is presumed accessible
if:
(i) primary care is available within 30 minutes or 30 miles of the joint child's residence
and specialty care is available within 60 minutes or 60 miles of the joint child's residence;
(ii) the new text begin private new text end health care coverage is available through an employer and the employee
can be expected to remain employed for a reasonable amount of time; and
(iii) no preexisting conditions exist to unduly delay enrollment in new text begin private new text end health care
coverage;
(3) the joint child's special medical needs, if any; and
(4) affordability. Dependent new text begin private new text end health care coverage is new text begin presumed new text end affordable if deleted text begin it is
reasonable in cost. If both parents have health care coverage available for a joint child that
is comparable with regard to comprehensiveness of medical benefits, accessibility, and the
joint child's special needs, the least costly health care coverage is presumed to be the most
appropriate health care coverage for the joint childdeleted text end new text begin the premium to cover the marginal cost
of the joint child does not exceed five percent of the parents' combined monthly PICS. A
court may additionally consider high deductibles and the cost to enroll the parent if the
parent must enroll themselves in private health care coverage to access private health care
coverage for the childnew text end .
Subd. 4.
Ordering health care coverage.
deleted text begin
(a) If a joint child is presently enrolled in
health care coverage, the court must order that the parent who currently has the joint child
enrolled continue that enrollment unless the parties agree otherwise or a party requests a
change in coverage and the court determines that other health care coverage is more
appropriate.
deleted text end
deleted text begin
(b) If a joint child is not presently enrolled in health care coverage providing medical
benefits, upon motion of a parent or the public authority, the court must determine whether
one or both parents have appropriate health care coverage providing medical benefits for
the joint child.
deleted text end
new text begin
(a) If a joint child is presently enrolled in health care coverage, the court shall order that
the parent who currently has the joint child enrolled in health care coverage continue that
enrollment if the health care coverage is appropriate as defined under subdivision 3.
new text end
deleted text begin (c)deleted text end new text begin (b)new text end If only one parent has appropriate health care coverage providing medical benefits
available, the court must order that parent to carry the coverage for the joint child.
deleted text begin (d)deleted text end new text begin (c)new text end If both parents have appropriate health care coverage providing medical benefits
available, the court must order the parent with whom the joint child resides to carry the
new text begin health care new text end coverage for the joint child, unless:
(1) a party expresses a preference fornew text begin privatenew text end health care coverage providing medical
benefits available through the parent with whom the joint child does not reside;
(2) the parent with whom the joint child does not reside is already carrying dependent
new text begin private new text end health care coverage providing medical benefits for other children and the cost of
contributing to the premiums of the other parent's new text begin health care new text end coverage would cause the
parent with whom the joint child does not reside extreme hardship; or
(3) the parties agree as to which parent will carry health care coverage providing medical
benefits and agree on the allocation of costs.
deleted text begin (e)deleted text end new text begin (d)new text end If the exception in paragraph deleted text begin (d)deleted text end new text begin (c)new text end , clause (1) or (2), applies, the court must
determine which parent has the most appropriate new text begin health care new text end coverage providing medical
benefits available and order that parent to carry new text begin health care new text end coverage for the joint child.
deleted text begin (f)deleted text end new text begin (e)new text end If neither parent has appropriate health care coverage available, the court must
order the parents todeleted text begin :
deleted text end
deleted text begin (1)deleted text end contribute toward the actual health care costs of the joint children based on a pro
rata sharedeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(2) if the joint child is receiving any form of public coverage, the parent with whom the
joint child does not reside shall contribute a monthly amount toward the actual cost of public
coverage. The amount of the noncustodial parent's contribution is determined by applying
the noncustodial parent's PICS to the premium scale for MinnesotaCare under section
256L.15, subdivision 2, paragraph (d). If the noncustodial parent's PICS meets the eligibility
requirements for MinnesotaCare, the contribution is the amount the noncustodial parent
would pay for the child's premium. If the noncustodial parent's PICS exceeds the eligibility
requirements, the contribution is the amount of the premium for the highest eligible income
on the premium scale for MinnesotaCare under section 256L.15, subdivision 2, paragraph
(d). For purposes of determining the premium amount, the noncustodial parent's household
size is equal to one parent plus the child or children who are the subject of the child support
order. The custodial parent's obligation is determined under the requirements for public
coverage as set forth in chapter 256B; or
deleted text end
deleted text begin
(3) if the noncustodial parent's PICS meet the eligibility requirement for public coverage
under chapter 256B or the noncustodial parent receives public assistance, the noncustodial
parent must not be ordered to contribute toward the cost of public coverage.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end If neither parent has appropriate health care coverage available, the court may
order the parent with whom the child resides to apply for publicnew text begin health carenew text end coverage for
the child.
deleted text begin
(h) The commissioner of human services must publish a table with the premium schedule
for public coverage and update the chart for changes to the schedule by July 1 of each year.
deleted text end
deleted text begin (i)deleted text end new text begin (g)new text end If a joint child is not presently enrolled in new text begin private new text end health care coverage providing
dental benefits, upon motion of a parent or the public authority, the court must determine
whether one or both parents have appropriate deleted text begin dentaldeleted text end new text begin private new text end health care coverage new text begin providing
dental benefits new text end for the joint child, and the court may order a parent with appropriate deleted text begin dentaldeleted text end new text begin
privatenew text end health care coverage new text begin providing dental benefits new text end available to carry the new text begin health care
new text end coverage for the joint child.
deleted text begin (j)deleted text end new text begin (h)new text end If a joint child is not presently enrolled in available new text begin private new text end health care coverage
providing benefits other than medical benefits or dental benefits, upon motion of a parent
or the public authority, the court may determine whether deleted text begin that otherdeleted text end new text begin privatenew text end health care
coverage new text begin providing other health benefits new text end for the joint child is appropriate, and the court may
order a parent with that appropriate new text begin private new text end health care coverage available to carry the
coverage for the joint child.
Subd. 5.
Medical support costs; unreimbursed and uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end
expenses.
(a) Unless otherwise agreed to by the parties and approved by the court, the court
must order that the cost of new text begin private new text end health care coverage and all unreimbursed and uninsured
deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses deleted text begin under the health plandeleted text end be divided between the obligor and
obligee based on their proportionate share of the parties' combined monthly PICS. The
amount allocated for medical support is considered child support but is not subject to a
cost-of-living adjustment under section 518A.75.
(b) If a party owes a deleted text begin joint childdeleted text end new text begin basicnew text end support obligation for a new text begin joint new text end child and is ordered
to carry new text begin private new text end health care coverage for the joint child, and the other party is ordered to
contribute to the carrying party's cost for coverage, the carrying party's deleted text begin childdeleted text end new text begin basicnew text end support
payment must be reduced by the amount of the contributing party's contribution.
(c) If a party owes a deleted text begin joint childdeleted text end new text begin basic new text end support obligation for a new text begin joint new text end child and is ordered
to contribute to the other party's cost for carrying new text begin private new text end health care coverage for the joint
child, the contributing party's child support payment must be increased by the amount of
the contribution.new text begin The contribution toward private health care coverage must not be charged
in any month in which the party ordered to carry private health care coverage fails to maintain
private coverage.
new text end
(d) If the party ordered to carry new text begin private new text end health care coverage for the joint child already
carries dependent new text begin private new text end health care coverage for other dependents and would incur no
additional premium costs to add the joint child to the existing new text begin health care new text end coverage, the court
must not order the other party to contribute to the premium costs for new text begin health care new text end coverage
of the joint child.
(e) If a party ordered to carrynew text begin privatenew text end health care coverage for the joint child does not
already carry dependent new text begin private new text end health care coverage but has other dependents who may be
added to the ordered new text begin health care new text end coverage, the full premium costs of the dependent new text begin private
new text end health care coverage must be allocated between the parties in proportion to the party's share
of the parties' combined new text begin monthly new text end PICS, unless the parties agree otherwise.
(f) If a party ordered to carry new text begin private new text end health care coverage for the joint child is required
to enroll in a health plan so that the joint child can be enrolled in dependent new text begin private new text end health
care coverage under the plan, the court must allocate the costs of the dependent new text begin private
new text end health care coverage between the parties. The costs of thenew text begin privatenew text end health care coverage for
the party ordered to carry the new text begin health care new text end coverage for the joint child must not be allocated
between the parties.
new text begin
(g) If the joint child is receiving any form of public health care coverage:
new text end
new text begin
(1) the parent with whom the joint child does not reside shall contribute a monthly
amount toward the actual cost of public health care coverage. The amount of the noncustodial
parent's contribution is determined by applying the noncustodial parent's PICS to the premium
scale for MinnesotaCare under section 256L.15, subdivision 2, paragraph (d). If the
noncustodial parent's PICS meets the eligibility requirements for MinnesotaCare, the
contribution is the amount that the noncustodial parent would pay for the child's premium;
new text end
new text begin
(2) if the noncustodial parent's PICS exceeds the eligibility requirements, the contribution
is the amount of the premium for the highest eligible income on the premium scale for
MinnesotaCare under section 256L.15, subdivision 2, paragraph (d). For purposes of
determining the premium amount, the noncustodial parent's household size is equal to one
parent plus the child or children who are the subject of the order;
new text end
new text begin
(3) the custodial parent's obligation is determined under the requirements for public
health care coverage in chapter 256B; or
new text end
new text begin
(4) if the noncustodial parent's PICS is less than 200 percent of the federal poverty
guidelines for one person or the noncustodial parent receives public assistance, the
noncustodial parent must not be ordered to contribute toward the cost of public health care
coverage.
new text end
new text begin
(h) The commissioner of human services must publish a table for section 256L.15,
subdivision 2, paragraph (d), and update the table with changes to the schedule by July 1
of each year.
new text end
Subd. 6.
Notice or court order sent to party's employer, union, or health carrier.
(a)
The public authority must forward a copy of the national medical support notice or court
order for new text begin private new text end health care coverage to the party's employer within two business days after
the date the party is entered into the work reporting system under section 256.998.
(b) The public authority or a party seeking to enforce an order for new text begin private new text end health care
coverage must forward a copy of the national medical support notice or court order to the
obligor's employer or union, or to the health carrier under the following circumstances:
(1) the party ordered to carry new text begin private new text end health care coverage for the joint child fails to
provide written proof to the other party or the public authority, within 30 days of the effective
date of the court order, that the party has applied for new text begin private new text end health care coverage for the
joint child;
(2) the party seeking to enforce the order or the public authority gives written notice to
the party ordered to carry new text begin private new text end health care coverage for the joint child of its intent to
enforce medical support. The party seeking to enforce the order or public authority must
mail the written notice to the last known address of the party ordered to carry new text begin private new text end health
care coverage for the joint child; and
(3) the party ordered to carry new text begin private new text end health care coverage for the joint child fails, within
15 days after the date on which the written notice under clause (2) was mailed, to provide
written proof to the other party or the public authority that the party has applied for new text begin private
new text end health care coverage for the joint child.
(c) The public authority is not required to forward a copy of the national medical support
notice or court order to the obligor's employer or union, or to the health carrier, if the court
orders new text begin private new text end health care coverage for the joint child that is not employer-based or
union-based coverage.
Subd. 7.
Employer or union requirements.
(a) An employer or union must forward
the national medical support notice or court order to its health plan within 20 business days
after the date on the national medical support notice or after receipt of the court order.
(b) Upon determination by an employer's or union's health plan administrator that a joint
child is eligible to be covered under the health plan, the employer or union and health plan
must enroll the joint child as a beneficiary in the health plan, and the employer must withhold
any required premiums from the income or wages of the party ordered to carry health care
coverage for the joint child.
(c) If enrollment of the party ordered to carry new text begin private new text end health care coverage for a joint
child is necessary to obtain dependent new text begin private new text end health care coverage under the plan, and the
party is not enrolled in the health plan, the employer or union must enroll the party in the
plan.
(d) Enrollment of dependents and, if necessary, the party ordered to carry new text begin private new text end health
care coverage for the joint child must be immediate and not dependent upon open enrollment
periods. Enrollment is not subject to the underwriting policies under section 62A.048.
(e) Failure of the party ordered to carry new text begin private new text end health care coverage for the joint child
to execute any documents necessary to enroll the dependent in the health plan does not
affect the obligation of the employer or union and health plan to enroll the dependent in a
plan. Information and authorization provided by the public authority, or by a party or
guardian, is valid for the purposes of meeting enrollment requirements of the health plan.
(f) An employer or union that is included under the federal Employee Retirement Income
Security Act of 1974 (ERISA), United States Code, title 29, section 1169(a), may not deny
enrollment to the joint child or to the parent if necessary to enroll the joint child based on
exclusionary clauses described in section 62A.048.
(g) A new employer or union of a party who is ordered to provide new text begin private new text end health care
coverage for a joint child must enroll the joint child in the party's health plan as required
by a national medical support notice or court order.
Subd. 8.
Health plan requirements.
(a) If a health plan administrator receives a
completed national medical support notice or court order, the plan administrator must notify
the parties, and the public authority if the public authority provides support enforcement
services, within 40 business days after the date of the notice or after receipt of the court
order, of the following:
(1) whether new text begin health care new text end coverage is available to the joint child under the terms of the
health plan and, if not, the reason why new text begin health care new text end coverage is not available;
(2) whether the joint child is covered under the health plan;
(3) the effective date of the joint child's coverage under the health plan; and
(4) what steps, if any, are required to effectuate the joint child's coverage under the health
plan.
(b) If the employer or union offers more than one plan and the national medical support
notice or court order does not specify the plan to be carried, the plan administrator must
notify the parents and the public authority if the public authority provides support
enforcement services. When there is more than one option available under the plan, the
public authority, in consultation with the parent with whom the joint child resides, must
promptly select from available plan options.
(c) The plan administrator must provide the parents and public authority, if the public
authority provides support enforcement services, with a notice of the joint child's enrollment,
description of the new text begin health care new text end coverage, and any documents necessary to effectuate coverage.
(d) The health plan must send copies of all correspondence regarding the new text begin private new text end health
care coverage to the parents.
(e) An insured joint child's parent's signature is a valid authorization to a health plan for
purposes of processing an insurance reimbursement payment to the medical services provider
or to the parent, if medical services have been prepaid by that parent.
Subd. 9.
Employer or union liability.
(a) An employer or union that willfully fails to
comply with the order or notice is liable for any uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses
incurred by the dependents while the dependents were eligible to be enrolled in the health
plan and for any other premium costs incurred because the employer or union willfully
failed to comply with the order or notice.
(b) An employer or union that fails to comply with the order or notice is subject to a
contempt finding, a $250 civil penalty under section 518A.73, and is subject to a civil penalty
of $500 to be paid to the party entitled to reimbursement or the public authority. Penalties
paid to the public authority are designated for child support enforcement services.
Subd. 10.
Contesting enrollment.
(a) A party may contest a joint child's enrollment in
a health plan on the limited grounds that the enrollment is improper due to mistake of fact
or that the enrollment meets the requirements of section 518.145.
(b) If the party chooses to contest the enrollment, the party must do so no later than 15
days after the employer notifies the party of the enrollment by doing the following:
(1) filing a motion in district court or according to section 484.702 and the expedited
child support process rules if the public authority provides support enforcement services;
(2) serving the motion on the other party and public authority if the public authority
provides support enforcement services; and
(3) securing a date for the matter to be heard no later than 45 days after the notice of
enrollment.
(c) The enrollment must remain in place while the party contests the enrollment.
Subd. 11.
Disenrollment; continuation of coverage; coverage options.
(a) Unless a
court order provides otherwise, a child for whom a party is required to provide new text begin private new text end health
care coverage under this section must be covered as a dependent of the party until the child
is emancipated, until further order of the court, or as consistent with the terms of the new text begin health
care new text end coverage.
(b) The health carrier, employer, or union may not disenroll or eliminate new text begin health care
new text end coverage for the child unless:
(1) the health carrier, employer, or union is provided satisfactory written evidence that
the court order is no longer in effect;
(2) the joint child is or will be enrolled in comparable new text begin private new text end health care coverage
through another health plan that will take effect no later than the effective date of the
disenrollment;
(3) the employee is no longer eligible for dependent new text begin health care new text end coverage; or
(4) the required premium has not been paid by or on behalf of the joint child.
(c) The health plan must provide 30 days' written notice to the joint child's parents, and
the public authority if the public authority provides support enforcement services, before
the health plan disenrolls or eliminates the joint child's new text begin health care new text end coverage.
(d) A joint child enrolled in new text begin private new text end health care coverage under a qualified medical child
support order, including a national medical support notice, under this section is a dependent
and a qualified beneficiary under the Consolidated Omnibus Budget and Reconciliation Act
of 1985 (COBRA), Public Law 99-272. Upon expiration of the order, the joint child is
entitled to the opportunity to elect continued new text begin health care new text end coverage that is available under
the health plan. The employer or union must provide notice to the parties and the public
authority, if it provides support services, within ten days of the termination date.
(e) If the public authority provides support enforcement services and a plan administrator
reports to the public authority that there is more than one coverage option available under
the health plan, the public authority, in consultation with the parent with whom the joint
child resides, must promptly select new text begin health care new text end coverage from the available options.
Subd. 12.
Spousal or former spousal coverage.
The court must require the parent with
whom the joint child does not reside to provide dependent new text begin private new text end health care coverage for
the benefit of the parent with whom the joint child resides if the parent with whom the child
does not reside is ordered to provide dependent new text begin private new text end health care coverage for the parties'
joint child and adding the other parent to the new text begin health care new text end coverage results in no additional
premium cost.
Subd. 13.
Disclosure of information.
(a) If the public authority provides support
enforcement services, the parties must provide the public authority with the following
information:
(1) information relating to dependent health care coverage deleted text begin or public coveragedeleted text end available
for the benefit of the joint child for whom support is sought, including all information
required to be included in a medical support order under this section;
(2) verification that application for court-ordered health care coverage was made within
30 days of the court's order; and
(3) the reason that a joint child is not enrolled in court-ordered health care coverage, if
a joint child is not enrolled in new text begin health care new text end coverage or subsequently loses new text begin health care new text end coverage.
(b) Upon request from the public authority under section 256.978, an employer, union,
or plan administrator, including an employer subject to the federal Employee Retirement
Income Security Act of 1974 (ERISA), United States Code, title 29, section 1169(a), must
provide the public authority the following information:
(1) information relating to dependent new text begin private new text end health care coverage available to a party
for the benefit of the joint child for whom support is sought, including all information
required to be included in a medical support order under this section; and
(2) information that will enable the public authority to determine whether a health plan
is appropriate for a joint child, including, but not limited to, all available plan options, any
geographic service restrictions, and the location of service providers.
(c) The employer, union, or plan administrator must not release information regarding
one party to the other party. The employer, union, or plan administrator must provide both
parties with insurance identification cards and all necessary written information to enable
the parties to utilize the insurance benefits for the covered dependent.
(d) The public authority is authorized to release to a party's employer, union, or health
plan information necessary to verify availability of dependent new text begin private new text end health care coverage,
or to establish, modify, or enforce medical support.
(e) An employee must disclose to an employer if medical support is required to be
withheld under this section and the employer must begin withholding according to the terms
of the order and under section 518A.53. If an employee discloses an obligation to obtain
new text begin private new text end health care coverage and new text begin health care new text end coverage is available through the employer,
the employer must make all application processes known to the individual and enroll the
employee and dependent in the plan.
Subd. 14.
Child support enforcement services.
The public authority must take necessary
steps to establish, enforce, and modify an order for medical support if the joint child receives
public assistance or a party completes an application for services from the public authority
under section 518A.51.
Subd. 15.
Enforcement.
(a) Remedies available for collecting and enforcing child
support apply to medical support.
(b) For the purpose of enforcement, the following are additional support:
(1) the costs of individual or group health or hospitalization coverage;
(2) dental coverage;
(3) medical costs ordered by the court to be paid by either party, including health care
coverage premiums paid by the obligee because of the obligor's failure to obtain new text begin health care
new text end coverage as ordered; and
(4) liabilities established under this subdivision.
(c) A party who fails to carry court-ordered dependent new text begin private new text end health care coverage is
liable for the joint child's uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses unless a court order
provides otherwise. A party's failure to carry court-ordered new text begin health care new text end coverage, or to
provide other medical support as ordered, is a basis for modification of medical support
under section 518A.39, subdivision 8, unless it meets the presumption in section 518A.39,
subdivision 2.
(d) Payments by the health carrier or employer for services rendered to the dependents
that are directed to a party not owed reimbursement must be endorsed over to and forwarded
to the vendor or appropriate party or the public authority. A party retaining insurance
reimbursement not owed to the party is liable for the amount of the reimbursement.
Subd. 16.
Offset.
(a) If a party is the parent with primary physical custody as defined
in section 518A.26, subdivision 17, and is an obligor ordered to contribute to the other
party's cost for carrying health care coverage for the joint child, the other party's child
support and spousal maintenance obligations are subject to an offset under subdivision 5.
(b) The public authority, if the public authority provides child support enforcement
services, may remove the offset to a party's child support obligation when:
(1) the party's court-ordered new text begin private new text end health care coverage for the joint child terminates;
(2) the party does not enroll the joint child in other new text begin private new text end health care coverage; and
(3) a modification motion is not pending.
The public authority must provide notice to the parties of the action. If neither party requests
a hearing, the public authority must remove the offset effective the first day of the month
following termination of the joint child's new text begin private new text end health care coverage.
(c) The public authority, if the public authority provides child support enforcement
services, may resume the offset when the party ordered to provide new text begin private new text end health care
coverage for the joint child has resumed the court-ordered new text begin private new text end health care coverage or
enrolled the joint child in other new text begin private new text end health care coverage. The public authority must
provide notice to the parties of the action. If neither party requests a hearing, the public
authority must resume the offset effective the first day of the month following certification
that new text begin private new text end health care coverage is in place for the joint child.
(d) A party may contest the public authority's action to remove or resume the offset to
the child support obligation if the party makes a written request for a hearing within 30 days
after receiving written notice. If a party makes a timely request for a hearing, the public
authority must schedule a hearing and send written notice of the hearing to the parties by
mail to the parties' last known addresses at least 14 days before the hearing. The hearing
must be conducted in district court or in the expedited child support process if section
484.702 applies. The district court or child support magistrate must determine whether
removing or resuming the offset is appropriate and, if appropriate, the effective date for the
removal or resumption.
new text begin Subd. 16a. new text end
new text begin Suspension or reinstatement of medical support contribution. new text end
new text begin
(a) If a
party is the parent with primary physical custody, as defined in section 518A.26, subdivision
17, and is ordered to carry private health care coverage for the joint child but fails to carry
the court-ordered private health care coverage, the public authority may suspend the medical
support obligation of the other party if that party has been court-ordered to contribute to the
cost of the private health care coverage carried by the parent with primary physical custody
of the joint child.
new text end
new text begin
(b) If the public authority provides child support enforcement services, the public
authority may suspend the other party's medical support contribution toward private health
care coverage when:
new text end
new text begin
(1) the party's court-ordered private health care coverage for the joint child terminates;
new text end
new text begin
(2) the party does not enroll the joint child in other private health care coverage; and
new text end
new text begin
(3) a modification motion is not pending.
new text end
new text begin
The public authority must provide notice to the parties of the action. If neither party requests
a hearing, the public authority must remove the medical support contribution effective the
first day of the month following the termination of the joint child's private health care
coverage.
new text end
new text begin
(c) If the public authority provides child support enforcement services, the public authority
may reinstate the medical support contribution when the party ordered to provide private
health care coverage for the joint child has resumed the joint child's court-ordered private
health care coverage or has enrolled the joint child in other private health care coverage.
The public authority must provide notice to the parties of the action. If neither party requests
a hearing, the public authority must resume the medical support contribution effective the
first day of the month following certification that the joint child is enrolled in private health
care coverage.
new text end
new text begin
(d) A party may contest the public authority's action to suspend or reinstate the medical
support contribution if the party makes a written request for a hearing within 30 days after
receiving written notice. If a party makes a timely request for a hearing, the public authority
must schedule a hearing and send written notice of the hearing to the parties by mail to the
parties' last known addresses at least 14 days before the hearing. The hearing must be
conducted in district court or in the expedited child support process if section 484.702
applies. The district court or child support magistrate must determine whether suspending
or reinstating the medical support contribution is appropriate and, if appropriate, the effective
date of the removal or reinstatement of the medical support contribution.
new text end
Subd. 17.
Collecting unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses.
(a)
This subdivision and subdivision 18 apply when a court order has determined and ordered
the parties' proportionate share and responsibility to contribute to unreimbursed or uninsured
deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses.
(b) A party requesting reimbursement of unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin
health-relatednew text end expenses must initiate a request to the other party within two years of the
date that the requesting party incurred the unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-related
new text end expenses. If a court order has been signed ordering the contribution deleted text begin towardsdeleted text end new text begin towardnew text end
unreimbursed or uninsured expenses, a two-year limitations provision must be applied to
any requests made on or after January 1, 2007. The provisions of this section apply
retroactively to court orders signed before January 1, 2007. Requests for unreimbursed or
uninsured expenses made on or after January 1, 2007, may include expenses incurred before
January 1, 2007, and on or after January 1, 2005.
(c) A requesting party must mail a written notice of intent to collect the unreimbursed
or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses and a copy of an affidavit of health care
expenses to the other party at the other party's last known address.
(d) The written notice must include a statement that the other party has 30 days from
the date the notice was mailed to (1) pay in full; (2) agree to a payment schedule; or (3) file
a motion requesting a hearing to contest the amount due or to set a court-ordered monthly
payment amount. If the public authority provides services, the written notice also must
include a statement that, if the other party does not respond within the 30 days, the requesting
party may submit the amount due to the public authority for collection.
(e) The affidavit of health care expenses must itemize and document the joint child's
unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses and include copies of all bills,
receipts, and insurance company explanations of benefits.
(f) If the other party does not respond to the request for reimbursement within 30 days,
the requesting party may commence enforcement against the other party under subdivision
18; file a motion for a court-ordered monthly payment amount under paragraph (i); or notify
the public authority, if the public authority provides services, that the other party has not
responded.
(g) The notice to the public authority must include: a copy of the written notice, a copy
of the affidavit of health care expenses, and copies of all bills, receipts, and insurance
company explanations of benefits.
(h) If noticed under paragraph (f), the public authority must serve the other party with
a notice of intent to enforce unreimbursed and uninsured deleted text begin medicaldeleted text end new text begin health-related new text end expenses
and file an affidavit of service by mail with the district court administrator. The notice must
state that the other party has 14 days to (1) pay in full; or (2) file a motion to contest the
amount due or to set a court-ordered monthly payment amount. The notice must also state
that if there is no response within 14 days, the public authority will commence enforcement
of the expenses as arrears under subdivision 18.
(i) To contest the amount due or set a court-ordered monthly payment amount, a party
must file a timely motion and schedule a hearing in district court or in the expedited child
support process if section 484.702 applies. The moving party must provide the other party
and the public authority, if the public authority provides services, with written notice at
least 14 days before the hearing by mailing notice of the hearing to the public authority and
to the requesting party at the requesting party's last known address. The moving party must
file the affidavit of health care expenses with the court at least five days before the hearing.
The district court or child support magistrate must determine liability for the expenses and
order that the liable party is subject to enforcement of the expenses as arrears under
subdivision 18 or set a court-ordered monthly payment amount.
Subd. 18.
Enforcing unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses
as arrears.
(a) Unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses enforced under
this subdivision are collected as arrears.
(b) If the liable party is the parent with primary physical custody as defined in section
518A.26, subdivision 17, the unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses
must be deducted from any arrears the requesting party owes the liable party. If unreimbursed
or uninsured expenses remain after the deduction, the expenses must be collected as follows:
(1) If the requesting party owes a current child support obligation to the liable party, 20
percent of each payment received from the requesting party must be returned to the requesting
party. The total amount returned to the requesting party each month must not exceed 20
percent of the current monthly support obligation.
(2) If the requesting party does not owe current child support or arrears, a payment
agreement under section 518A.69 is required. If the liable party fails to enter into or comply
with a payment agreement, the requesting party or the public authority, if the public authority
provides services, may schedule a hearing to set a court-ordered payment. The requesting
party or the public authority must provide the liable party with written notice of the hearing
at least 14 days before the hearing.
(c) If the liable party is not the parent with primary physical custody as defined in section
518A.26, subdivision 17, the unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses
must be deducted from any arrears the requesting party owes the liable party. If unreimbursed
or uninsured expenses remain after the deduction, the expenses must be added and collected
as arrears owed by the liable party.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 6.
Minnesota Statutes 2022, section 518A.42, subdivision 1, is amended to read:
Subdivision 1.
Ability to pay.
(a) It is a rebuttable presumption that a child support
order should not exceed the obligor's ability to pay. To determine the amount of child support
the obligor has the ability to pay, the court shall follow the procedure set out in this section.
(b) The court shall calculate the obligor's income available for support by subtracting a
monthly self-support reserve equal to 120 percent of the federal poverty guidelines for one
person from the obligor's parental income for determining child support (PICS).new text begin If benefits
under section 518A.31 are received by the obligee as a representative payee for a joint child
or are received by the child attending school, based on the other parent's eligibility, the court
shall subtract the amount of benefits from the obligor's PICS before subtracting the
self-support reserve.new text end If the obligor's income available for support calculated under this
paragraph is equal to or greater than the obligor's support obligation calculated under section
518A.34, the court shall order child support under section 518A.34.
(c) If the obligor's income available for support calculated under paragraph (b) is more
than the minimum support amount under subdivision 2, but less than the guideline amount
under section 518A.34, then the court shall apply a reduction to the child support obligation
in the following order, until the support order is equal to the obligor's income available for
support:
(1) medical support obligation;
(2) child care support obligation; and
(3) basic support obligation.
(d) If the obligor's income available for support calculated under paragraph (b) is equal
to or less than the minimum support amount under subdivision 2 or if the obligor's gross
income is less than 120 percent of the federal poverty guidelines for one person, the minimum
support amount under subdivision 2 applies.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 7.
Minnesota Statutes 2022, section 518A.42, subdivision 3, is amended to read:
Subd. 3.
Exception.
(a) This section does not apply to an obligor who is incarceratednew text begin
or is a recipient of a general assistance grant, temporary assistance for needy families (TANF)
grant or comparable state-funded Minnesota family investment program (MFIP) benefitsnew text end .
(b) If the court finds the obligor receives no income and completely lacks the ability to
earn income, the minimum basic support amount under this subdivision does not apply.
(c) If the obligor's basic support amount is reduced below the minimum basic support
amount due to the application of the parenting expense adjustment, the minimum basic
support amount under this subdivision does not apply and the lesser amount is the guideline
basic support.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 8.
Minnesota Statutes 2022, section 518A.65, is amended to read:
518A.65 DRIVER'S LICENSE SUSPENSION.
(a)new text begin This paragraph is effective July 1, 2023.new text end Upon motion of an obligee, which has been
properly served on the obligor and upon which there has been an opportunity for hearing,
if a court finds that the obligor has been or may be issued a driver's license by the
commissioner of public safety and the obligor is in arrears in court-ordered child support
or maintenance payments, or both, in an amount equal to or greater than three times the
obligor's total monthly support and maintenance payments and is not in compliance with a
written payment agreement pursuant to section 518A.69 that is approved by the court, a
child support magistrate, or the public authority, the court deleted text begin shalldeleted text end new text begin maynew text end order the commissioner
of public safety to suspend the obligor's driver's license. new text begin The court may consider the
circumstances in paragraph (i) to determine whether driver's license suspension is an
appropriate remedy that is likely to induce the payment of child support. The court may
consider whether driver's license suspension would have a direct harmful effect on the
obligor or joint children that would make driver's license suspension an inappropriate remedy.
This paragraph expires December 31, 2025.
new text end
new text begin
(b) This paragraph is effective January 1, 2026. Upon motion of an obligee, which has
been properly served on the obligor and upon which there has been an opportunity for
hearing, if a court finds that the obligor has a valid driver's license issued by the commissioner
of public safety and the obligor is in arrears in court-ordered child support or maintenance
payments, or both, in an amount equal to or greater than three times the obligor's total
monthly support and maintenance payments and is not in compliance with a written payment
agreement pursuant to section 518A.69 that is approved by the court, a child support
magistrate, or the public authority, the court may order the commissioner of public safety
to suspend the obligor's driver's license. The court may consider the circumstances in
paragraph (i) to determine whether driver's license suspension is an appropriate remedy that
is likely to induce the payment of child support. The court may consider whether driver's
license suspension would have a direct harmful effect on the obligor or joint children that
would make driver's license suspension an inappropriate remedy.
new text end
new text begin (c) new text end The court's order must be stayed for 90 days in order to allow the obligor to execute
a written payment agreement pursuant to section 518A.69. The payment agreement must
be approved by either the court or the public authority responsible for child support
enforcement. If the obligor has not executed or is not in compliance with a written payment
agreement pursuant to section 518A.69 after the 90 days expires, the court's order becomes
effective and the commissioner of public safety shall suspend the obligor's driver's license.
The remedy under this section is in addition to any other enforcement remedy available to
the court. An obligee may not bring a motion under this paragraph within 12 months of a
denial of a previous motion under this paragraph.
deleted text begin (b)deleted text end new text begin (d) This paragraph is effective July 1, 2023.new text end If a public authority responsible for child
support enforcement determines that the obligor has been or may be issued a driver's license
by the commissioner of public safety deleted text begin anddeleted text end new text begin ;new text end the obligor is in arrears in court-ordered child
support or maintenance payments or both in an amount equal to or greater than three times
the obligor's total monthly support and maintenance payments and not in compliance with
a written payment agreement pursuant to section 518A.69 that is approved by the court, a
child support magistrate, or the public authority, the public authority shall direct the
commissioner of public safety to suspend the obligor's driver's licensenew text begin unless exercising
administrative discretion under paragraph (i)new text end . The remedy under this section is in addition
to any other enforcement remedy available to the public authority.new text begin This paragraph expires
December 31, 2025.
new text end
new text begin
(e) This paragraph is effective January 1, 2026. If a public authority responsible for child
support enforcement determines that:
new text end
new text begin
(1) the obligor has a valid driver's license issued by the commissioner of public safety;
new text end
new text begin
(2) the obligor is in arrears in court-ordered child support or maintenance payments or
both in an amount equal to or greater than three times the obligor's total monthly support
and maintenance payments;
new text end
new text begin
(3) the obligor is not in compliance with a written payment agreement pursuant to section
518A.69 that is approved by the court, a child support magistrate, or the public authority;
and
new text end
new text begin
(4) the obligor's mailing address is known to the public authority;
new text end
new text begin
then the public authority shall direct the commissioner of public safety to suspend the
obligor's driver's license unless exercising administrative discretion under paragraph (i).
The remedy under this section is in addition to any other enforcement remedy available to
the public authority.
new text end
deleted text begin (c)deleted text end new text begin (f)new text end At least 90 days prior to notifying the commissioner of public safety according
to paragraph deleted text begin (b)deleted text end new text begin (d)new text end , the public authority must mail a written notice to the obligor at the
obligor's last known address, that it intends to seek suspension of the obligor's driver's
license and that the obligor must request a hearing within 30 days in order to contest the
suspension. If the obligor makes a written request for a hearing within 30 days of the date
of the notice, a court hearing must be held. Notwithstanding any law to the contrary, the
obligor must be served with 14 days' notice in writing specifying the time and place of the
hearing and the allegations against the obligor. The notice must include information that
apprises the obligor of the requirement to develop a written payment agreement that is
approved by a court, a child support magistrate, or the public authority responsible for child
support enforcement regarding child support, maintenance, and any arrearages in order to
avoid license suspension. The notice may be served personally or by mail. If the public
authority does not receive a request for a hearing within 30 days of the date of the notice,
and the obligor does not execute a written payment agreement pursuant to section 518A.69
that is approved by the public authority within 90 days of the date of the notice, the public
authority shall direct the commissioner of public safety to suspend the obligor's driver's
license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end .
deleted text begin (d)deleted text end new text begin (g)new text end At a hearing requested by the obligor under paragraph deleted text begin (c)deleted text end new text begin (f)new text end , and on finding that
the obligor is in arrears in court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's total monthly support and
maintenance payments, the district court or child support magistrate shall order the
commissioner of public safety to suspend the obligor's driver's license or operating privileges
unlessnew text begin :
new text end
new text begin (1)new text end the court or child support magistrate determines that the obligor has executed and is
in compliance with a written payment agreement pursuant to section 518A.69 that is approved
by the court, a child support magistrate, or the public authoritydeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) the court, in its discretion, determines that driver's license suspension is unlikely to
induce payment of child support or would have direct harmful effects on the obligor or joint
child that makes driver's license suspension an inappropriate remedy. The court may consider
the circumstances in paragraph (f) in exercising the court's discretion.
new text end
deleted text begin (e)deleted text end new text begin (h)new text end An obligor whose driver's license or operating privileges are suspended may:
(1) provide proof to the public authority responsible for child support enforcement that
the obligor is in compliance with all written payment agreements pursuant to section 518A.69;
(2) bring a motion for reinstatement of the driver's license. At the hearing, if the court
or child support magistrate orders reinstatement of the driver's license, the court or child
support magistrate must establish a written payment agreement pursuant to section 518A.69;
or
(3) seek a limited license under section 171.30. A limited license issued to an obligor
under section 171.30 expires 90 days after the date it is issued.
Within 15 days of the receipt of that proof or a court order, the public authority shall
inform the commissioner of public safety that the obligor's driver's license or operating
privileges should no longer be suspended.
new text begin
(i) Prior to notifying the commissioner of public safety that an obligor's driver's license
should be suspended or after an obligor's driving privileges have been suspended, the public
authority responsible for child support enforcement may use administrative authority to end
the suspension process or inform the commissioner of public safety that the obligor's driving
privileges should no longer be suspended under any of the following circumstances:
new text end
new text begin
(1) the full amount of court-ordered payments have been received for at least one month;
new text end
new text begin
(2) an income withholding notice has been sent to an employer or payor of funds;
new text end
new text begin
(3) payments less than the full court-ordered amount have been received and the
circumstances of the obligor demonstrate the obligor's substantial intent to comply with the
order;
new text end
new text begin
(4) the obligor receives public assistance;
new text end
new text begin
(5) the case is being reviewed by the public authority for downward modification due
to changes in the obligor's financial circumstances or a party has filed a motion to modify
the child support order;
new text end
new text begin
(6) the obligor no longer lives in the state and the child support case is in the process of
interstate enforcement;
new text end
new text begin
(7) the obligor is currently incarcerated for one week or more or is receiving in-patient
treatment for physical health, mental health, chemical dependency, or other treatment. This
clause applies for six months after the obligor is no longer incarcerated or receiving in-patient
treatment;
new text end
new text begin
(8) the obligor is temporarily or permanently disabled and unable to pay child support;
new text end
new text begin
(9) the obligor has presented evidence to the public authority that the obligor needs
driving privileges to maintain or obtain the obligor's employment;
new text end
new text begin
(10) the obligor has not had a meaningful opportunity to pay toward arrears; and
new text end
new text begin
(11) other circumstances of the obligor indicate that a temporary condition exists for
which suspension of a driver's license for the nonpayment of child support is not appropriate.
When considering whether driver's license suspension is appropriate, the public authority
must assess: (i) whether suspension of the driver's license is likely to induce payment of
child support; and (ii) whether suspension of the driver's license would have direct harmful
effects on the obligor or joint children that make driver's license suspension an inappropriate
remedy.
new text end
new text begin
The presence of circumstances in this paragraph does not prevent the public authority from
proceeding with a suspension of a driver's license.
new text end
deleted text begin (f)deleted text end new text begin (j)new text end In addition to the criteria established under this section for the suspension of an
obligor's driver's license, a court, a child support magistrate, or the public authority may
direct the commissioner of public safety to suspend the license of a party who has failed,
after receiving notice, to comply with a subpoena relating to a paternity or child support
proceeding. Notice to an obligor of intent to suspend must be served by first class mail at
the obligor's last known address. The notice must inform the obligor of the right to request
a hearing. If the obligor makes a written request within ten days of the date of the hearing,
a hearing must be held. At the hearing, the only issues to be considered are mistake of fact
and whether the obligor received the subpoena.
deleted text begin (g)deleted text end new text begin (k)new text end The license of an obligor who fails to remain in compliance with an approved
written payment agreement may be suspended. Prior to suspending a license for
noncompliance with an approved written payment agreement, the public authority must
mail to the obligor's last known address a written notice that (1) the public authority intends
to seek suspension of the obligor's driver's license under this paragraph, and (2) the obligor
must request a hearing, within 30 days of the date of the notice, to contest the suspension.
If, within 30 days of the date of the notice, the public authority does not receive a written
request for a hearing and the obligor does not comply with an approved written payment
agreement, the public authority must direct the Department of Public Safety to suspend the
obligor's license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end . If the obligor makes a written request for a hearing
within 30 days of the date of the notice, a court hearing must be held. Notwithstanding any
law to the contrary, the obligor must be served with 14 days' notice in writing specifying
the time and place of the hearing and the allegations against the obligor. The notice may be
served personally or by mail at the obligor's last known address. If the obligor appears at
the hearing and the court determines that the obligor has failed to comply with an approved
written payment agreement, the court or public authority shall notify the Department of
Public Safety to suspend the obligor's license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end . If the obligor fails
to appear at the hearing, the court or public authority must notify the Department of Public
Safety to suspend the obligor's license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, unless otherwise specified.
new text end
Sec. 9.
Minnesota Statutes 2022, section 518A.77, is amended to read:
518A.77 GUIDELINES REVIEW.
deleted text begin (a)deleted text end No later than 2006 and every four years after that, the Department of Human Services
must conduct a review of the child support guidelinesnew text begin as required under Code of Federal
Regulations, title 45, section 302.56(h)new text end .
deleted text begin
(b) This section expires January 1, 2032.
deleted text end
ARTICLE 4
ECONOMIC ASSISTANCE
Section 1.
Minnesota Statutes 2022, section 119B.025, subdivision 4, is amended to read:
Subd. 4.
Changes in eligibility.
(a) The county shall process a change in eligibility
factors according to paragraphs (b) to (g).
(b) A family is subject to the reporting requirements in section 256P.07new text begin , subdivision 6new text end .
(c) If a family reports a change or a change is known to the agency before the family's
regularly scheduled redetermination, the county must act on the change. The commissioner
shall establish standards for verifying a change.
(d) A change in income occurs on the day the participant received the first payment
reflecting the change in income.
(e) During a family's 12-month eligibility period, if the family's income increases and
remains at or below 85 percent of the state median income, adjusted for family size, there
is no change to the family's eligibility. The county shall not request verification of the
change. The co-payment fee shall not increase during the remaining portion of the family's
12-month eligibility period.
(f) During a family's 12-month eligibility period, if the family's income increases and
exceeds 85 percent of the state median income, adjusted for family size, the family is not
eligible for child care assistance. The family must be given 15 calendar days to provide
verification of the change. If the required verification is not returned or confirms ineligibility,
the family's eligibility ends following a subsequent 15-day adverse action notice.
(g) Notwithstanding Minnesota Rules, parts 3400.0040, subpart 3, and 3400.0170,
subpart 1, if an applicant or participant reports that employment ended, the agency may
accept a signed statement from the applicant or participant as verification that employment
ended.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2022, section 256D.03, is amended by adding a subdivision to
read:
new text begin Subd. 2b. new text end
new text begin Budgeting and reporting. new text end
new text begin
Every county agency shall determine eligibility
and calculate benefit amounts for general assistance according to chapter 256P.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 3.
Minnesota Statutes 2022, section 256D.63, subdivision 2, is amended to read:
Subd. 2.
SNAP reporting requirements.
The commissioner of human services shall
implement simplified reporting as permitted under the Food and Nutrition Act of 2008, as
amended, and the SNAP regulations in Code of Federal Regulations, title 7, part 273. SNAP
benefit recipient households required to report periodically shall not be required to report
more often than one time every six months. deleted text begin This provision shall not apply to households
receiving food benefits under the Minnesota family investment program waiver.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 4.
new text begin
[256D.65] SUPPLEMENTAL NUTRITION ASSISTANCE OUTREACH
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin SNAP outreach program. new text end
new text begin
The commissioner of human services shall
implement a Supplemental Nutrition Assistance Program (SNAP) outreach program to
inform low-income households about the availability, eligibility requirements, application
procedures, and benefits of SNAP that meets the requirements of the United States
Department of Agriculture.
new text end
new text begin Subd. 2. new text end
new text begin Duties of commissioner. new text end
new text begin
In addition to any other duties imposed by law, the
commissioner shall:
new text end
new text begin
(1) supervise the administration of the SNAP outreach program according to guidance
provided by the United States Department of Agriculture;
new text end
new text begin
(2) submit the SNAP outreach plan and budget to the United States Department of
Agriculture;
new text end
new text begin
(3) accept any funds provided by the federal government or other sources for SNAP
outreach;
new text end
new text begin
(4) administer the request-for-proposals process and establish contracts with grantees
to ensure SNAP outreach services are available to inform low-income households statewide;
new text end
new text begin
(5) approve budgets from grantees to ensure that activities are eligible for federal
reimbursement;
new text end
new text begin
(6) monitor grantees, review invoices, and reimburse grantees for allowable costs that
are eligible for federal reimbursement;
new text end
new text begin
(7) provide technical assistance to grantees to ensure that projects support SNAP outreach
goals and project costs are eligible for federal reimbursement;
new text end
new text begin
(8) work in partnership with counties, Tribal Nations, and community organizations to
enhance the reach and services of a statewide SNAP outreach program; and
new text end
new text begin
(9) identify and leverage eligible nonfederal funds to earn federal reimbursement for
SNAP outreach.
new text end
new text begin Subd. 3. new text end
new text begin Program funding. new text end
new text begin
(a) Grantees must submit allowable costs for approved
SNAP outreach activities to the commissioner of human services in order to receive federal
reimbursement.
new text end
new text begin
(b) The commissioner of human services shall disburse federal reimbursement funds
for allowable costs for approved SNAP outreach activities to the state agency or grantee
that incurred the costs being reimbursed.
new text end
Sec. 5.
Minnesota Statutes 2022, section 256E.34, subdivision 4, is amended to read:
Subd. 4.
Use of money.
At least 96 percent of the money distributed to Hunger Solutions
under this section must be distributed to food shelf programs to purchase, transport, and
coordinate the distribution of nutritious food to needy individuals and families. new text begin The money
distributed to food shelf programs may also be used to purchase personal hygiene products,
including but not limited to diapers and toilet paper. new text end No more than four percent of the money
may be expended for other expenses, such as rent, salaries, and other administrative expenses
of Hunger Solutions.
Sec. 6.
new text begin
[256E.341] AMERICAN INDIAN FOOD SOVEREIGNTY FUNDING
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The American Indian food sovereignty funding program
is established to improve access and equity to food security programs within Tribal and
urban American Indian communities. The program shall assist Tribal Nations and urban
American Indian communities in achieving self-determination and improve collaboration
and partnership building between American Indian communities and the state. The
commissioner of human services shall administer the program and provide outreach, technical
assistance, and program development support to increase food security for American Indians.
new text end
new text begin Subd. 2. new text end
new text begin Distribution of funding. new text end
new text begin
(a) The commissioner shall provide funding to support
food system changes and provide equitable access to existing and new methods of food
support for American Indian communities. The commissioner shall determine the funding
formula, timing, and form of the application for the program.
new text end
new text begin
(b) Eligible recipients of funding under this section include:
new text end
new text begin
(1) federally recognized American Indian Tribes or bands in Minnesota as defined in
section 10.65;
new text end
new text begin
(2) the American Indian Community Housing Organization;
new text end
new text begin
(3) the Division of Indian Work;
new text end
new text begin
(4) Department of Indian Work within the Interfaith Action of Greater Saint Paul;
new text end
new text begin
(5) the Northwest Indian Community Development Center; and
new text end
new text begin
(6) other entities as determined by the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Allowable uses of funds. new text end
new text begin
Recipients shall use funds provided under this section
to promote food security for American Indian communities by:
new text end
new text begin
(1) planning for sustainable food systems;
new text end
new text begin
(2) implementing food security programs, including but not limited to technology to
facilitate no-contact or low-contact food distribution and outreach models;
new text end
new text begin
(3) providing culturally relevant training for building food access;
new text end
new text begin
(4) purchasing, producing, processing, transporting, storing, and coordinating the
distribution of food, including culturally relevant food; and
new text end
new text begin
(5) purchasing seeds, plants, equipment, or materials to preserve, procure, or grow food.
new text end
new text begin Subd. 4. new text end
new text begin Reporting. new text end
new text begin
(a) Recipients shall report annually on the use of American Indian
food sovereignty funding program money under this section to the commissioner. Each
report shall include the following information:
new text end
new text begin
(1) the name and location of the recipient;
new text end
new text begin
(2) the amount of funding received;
new text end
new text begin
(3) the use of funds; and
new text end
new text begin
(4) the number of people served.
new text end
new text begin
(b) The commissioner shall determine the form required for the reports and may specify
additional reporting requirements.
new text end
Sec. 7.
Minnesota Statutes 2022, section 256E.35, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The Minnesota family assets for independence initiative
is established to provide incentives for low-income families to accrue assets for education,
housing, vehicles, new text begin emergencies, new text end and economic development purposes.
Sec. 8.
Minnesota Statutes 2022, section 256E.35, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Eligible educational institution" means the following:
(1) an institution of higher education described in section 101 or 102 of the Higher
Education Act of 1965; or
(2) an area vocational education school, as defined in subparagraph (C) or (D) of United
States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and
Applied Technology Education Act), which is located within any state, as defined in United
States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the
extent section 2302 is in effect on August 1, 2008.
(c) "Family asset account" means a savings account opened by a household participating
in the Minnesota family assets for independence initiative.
(d) "Fiduciary organization" means:
(1) a community action agency that has obtained recognition under section 256E.31;
(2) a federal community development credit union deleted text begin serving the seven-county metropolitan
areadeleted text end ; deleted text begin or
deleted text end
(3) a women-oriented economic development agency deleted text begin serving the seven-county
metropolitan area.deleted text end new text begin ;
new text end
new text begin
(4) a federally recognized Tribal Nation; or
new text end
new text begin
(5) a nonprofit organization as defined under section 501(c)(3) of the Internal Revenue
Code.
new text end
(e) "Financial coach" means a person who:
(1) has completed an intensive financial literacy training workshop that includes
curriculum on budgeting to increase savings, debt reduction and asset building, building a
good credit rating, and consumer protection;
(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM)
network training meetings under FAIM program supervision; and
(3) provides financial coaching to program participants under subdivision 4a.
(f) "Financial institution" means a bank, bank and trust, savings bank, savings association,
or credit union, the deposits of which are insured by the Federal Deposit Insurance
Corporation or the National Credit Union Administration.
(g) "Household" means all individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other individuals.
(h) "Permissible use" means:
(1) postsecondary educational expenses at an eligible educational institution as defined
in paragraph (b), including books, supplies, and equipment required for courses of instruction;
(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including
any usual or reasonable settlement, financing, or other closing costs;
(3) business capitalization expenses for expenditures on capital, plant, equipment, working
capital, and inventory expenses of a legitimate business pursuant to a business plan approved
by the fiduciary organization;
(4) acquisition costs of a principal residence within the meaning of section 1034 of the
Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase
price applicable to the residence determined according to section 143(e)(2) and (3) of the
Internal Revenue Code of 1986; deleted text begin and
deleted text end
(5) acquisition costs of a personal vehicle only if approved by the fiduciary organizationdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(6) contributions to an emergency savings account; and
new text end
new text begin
(7) contributions to a Minnesota 529 savings plan.
new text end
Sec. 9.
Minnesota Statutes 2022, section 256E.35, subdivision 3, is amended to read:
Subd. 3.
Grants awarded.
The commissioner shall allocate funds to participating
fiduciary organizations to provide family asset services. Grant awards must be based on a
plan submitted by a statewide organization representing fiduciary organizations. The
statewide organization must ensure that any interested unrepresented fiduciary organization
have input into the development of the plan. The plan must equitably distribute funds to
achieve geographic balance and document the capacity of participating fiduciary
organizations to manage the program.new text begin A portion of funds appropriated for this section may
be expended on evaluation of the Minnesota family assets for independence initiative.
new text end
Sec. 10.
Minnesota Statutes 2022, section 256E.35, subdivision 4a, is amended to read:
Subd. 4a.
Financial coaching.
A financial coach shall provide the following to program
participants:
(1) financial education relating to budgeting, debt reduction, asset-specific training,
new text begin credit building, new text end and financial stability activities;
(2) asset-specific training related to buying a home or vehicle, acquiring postsecondary
education, deleted text begin ordeleted text end starting or expanding a small businessnew text begin , saving for emergencies, or saving for
a child's educationnew text end ; and
(3) financial stability education and training to improve and sustain financial security.
Sec. 11.
Minnesota Statutes 2022, section 256E.35, subdivision 6, is amended to read:
Subd. 6.
Withdrawal; matching; permissible uses.
(a) To receive a match, a
participating household must transfer funds withdrawn from a family asset account to its
matching fund custodial account held by the fiscal agent, according to the family asset
agreement. The fiscal agent must determine if the match request is for a permissible use
consistent with the household's family asset agreement.
(b) The fiscal agent must ensure the household's custodial account contains the applicable
matching funds to match the balance in the household's account, including interest, on at
least a quarterly basis and at the time of an approved withdrawal. Matches must be a
contribution of $3 from state grant or TANF funds for every $1 of funds withdrawn from
the family asset account not to exceed a deleted text begin $6,000deleted text end new text begin $12,000new text end lifetime limit.
(c) Notwithstanding paragraph (b), if funds are appropriated for the Federal Assets for
Independence Act of 1998, and a participating fiduciary organization is awarded a grant
under that act, participating households with that fiduciary organization must be provided
matches as follows:
(1) from state grant and TANF funds, a matching contribution of $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a deleted text begin $3,000deleted text end new text begin $6,000new text end lifetime limit;
and
(2) from nonstate funds, a matching contribution of not less than $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a deleted text begin $3,000deleted text end new text begin $6,000new text end lifetime limit.
(d) Upon receipt of transferred custodial account funds, the fiscal agent must make a
direct payment to the vendor of the goods or services for the permissible use.
Sec. 12.
Minnesota Statutes 2022, section 256E.35, subdivision 7, is amended to read:
Subd. 7.
Program reporting.
The fiscal agent on behalf of each fiduciary organization
participating in a family assets for independence initiative must report quarterly to the
commissioner of human services identifying the participants with accountsdeleted text begin ,deleted text end new text begin ;new text end the number of
accountsdeleted text begin ,deleted text end new text begin ;new text end the amount of savings and matches for each participant's accountdeleted text begin ,deleted text end new text begin ;new text end the uses of
the accountdeleted text begin , anddeleted text end new text begin ;new text end the number of businesses, homes, vehicles, and educational services paid
for with money from the accountdeleted text begin ,deleted text end new text begin ; and the amount of contributions to Minnesota 529 savings
plans and emergency savings accounts,new text end as well as other information that may be required
for the commissioner to administer the program and meet federal TANF reporting
requirements.
Sec. 13.
Minnesota Statutes 2022, section 256I.03, subdivision 13, is amended to read:
Subd. 13.
Prospective budgeting.
"Prospective budgeting" deleted text begin means estimating the amount
of monthly income a person will have in the payment monthdeleted text end new text begin has the meaning given in
section 256P.01, subdivision 9new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 14.
Minnesota Statutes 2022, section 256I.06, subdivision 6, is amended to read:
Subd. 6.
Reports.
Recipients must report changes in circumstances according to section
256P.07 deleted text begin that affect eligibility or housing support payment amounts, other than changes in
earned income, within ten days of the changedeleted text end . Recipients with countable earned income
must complete a household report form deleted text begin at leastdeleted text end once every six monthsnew text begin according to section
256P.10new text end . deleted text begin If the report form is not received before the end of the month in which it is due,
the county agency must terminate eligibility for housing support payments. The termination
shall be effective on the first day of the month following the month in which the report was
due. If a complete report is received within the month eligibility was terminated, the
individual is considered to have continued an application for housing support payment
effective the first day of the month the eligibility was terminated.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 15.
Minnesota Statutes 2022, section 256I.06, is amended by adding a subdivision
to read:
new text begin Subd. 6a. new text end
new text begin When to terminate assistance. new text end
new text begin
An agency must terminate benefits when the
assistance unit fails to submit the household report form before the end of the month in
which it is due. The termination shall be effective on the first day of the month following
the month in which the report was due. If the assistance unit submits the household report
form within 30 days of the termination of benefits and remains eligible, benefits must be
reinstated and made available retroactively for the full benefit month.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 16.
Minnesota Statutes 2022, section 256I.06, subdivision 8, is amended to read:
Subd. 8.
Amount of housing support payment.
(a) The amount of a room and board
payment to be made on behalf of an eligible individual is determined by subtracting the
individual's countable income under section 256I.04, subdivision 1, for a whole calendar
month from the room and board rate for that same month. The housing support payment is
determined by multiplying the housing support rate times the period of time the individual
was a resident or temporarily absent under section 256I.05, subdivision 2a.
(b) For an individual with earned income under paragraph (a), prospective budgeting
new text begin according to section 256P.09 new text end must be used deleted text begin to determine the amount of the individual's
payment for the following six-month period. An increase in income shall not affect an
individual's eligibility or payment amount until the month following the reporting month.
A decrease in income shall be effective the first day of the month after the month in which
the decrease is reporteddeleted text end .
(c) For an individual who receives housing support payments under section 256I.04,
subdivision 1, paragraph (c), the amount of the housing support payment is determined by
multiplying the housing support rate times the period of time the individual was a resident.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 17.
Minnesota Statutes 2022, section 256J.08, subdivision 71, is amended to read:
Subd. 71.
Prospective budgeting.
"Prospective budgeting" deleted text begin means a method of
determining the amount of the assistance payment in which the budget month and payment
month are the samedeleted text end new text begin has the meaning given in section 256P.01, subdivision 9new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 18.
Minnesota Statutes 2022, section 256J.08, subdivision 79, is amended to read:
Subd. 79.
Recurring income.
"Recurring income" means a form of income which is:
(1) received periodically, and may be received irregularly when receipt can be anticipated
even though the date of receipt cannot be predicted; and
(2) from the same source or of the same type that is received and budgeted in a
prospective month deleted text begin and is received in one or both of the first two retrospective monthsdeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 19.
Minnesota Statutes 2022, section 256J.21, subdivision 3, is amended to read:
Subd. 3.
Initial income test.
new text begin (a) new text end The agency shall determine initial eligibility by
considering all earned and unearned income as defined in section 256P.06. To be eligible
for MFIP, the assistance unit's countable income minus the earned income disregards in
paragraph (a) and section 256P.03 must be below the family wage level according to section
256J.24, subdivision 7, for that size assistance unit.
deleted text begin (a)deleted text end new text begin (b)new text end The initial eligibility determination must disregard the following items:
(1) the earned income disregard as determined in section 256P.03;
(2) dependent care costs must be deducted from gross earned income for the actual
amount paid for dependent care up to a maximum of $200 per month for each child less
than two years of age, and $175 per month for each child two years of age and older;
(3) all payments made according to a court order for spousal support or the support of
children not living in the assistance unit's household shall be disregarded from the income
of the person with the legal obligation to pay support; and
(4) an allocation for the unmet need of an ineligible spouse or an ineligible child under
the age of 21 for whom the caregiver is financially responsible and who lives with the
caregiver according to section 256J.36.
deleted text begin (b) After initial eligibility is established,deleted text end new text begin (c) The income test is for a six-month period.new text end
The assistance payment calculation is based on deleted text begin the monthly income testdeleted text end new text begin prospective budgeting
according to section 256P.09new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 20.
Minnesota Statutes 2022, section 256J.21, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Monthlydeleted text end Income test and determination of assistance payment.
deleted text begin The county
agency shall determine ongoing eligibility and the assistance payment amount according
to the monthly income test.deleted text end To be eligible for MFIP, the result of the computations in
paragraphs (a) to (e) new text begin applied to prospective budgeting new text end must be at least $1.
(a) Apply an income disregard as defined in section 256P.03, to gross earnings and
subtract this amount from the family wage level. If the difference is equal to or greater than
the MFIP transitional standard, the assistance payment is equal to the MFIP transitional
standard. If the difference is less than the MFIP transitional standard, the assistance payment
is equal to the difference. The earned income disregard in this paragraph must be deducted
every month there is earned income.
(b) All payments made according to a court order for spousal support or the support of
children not living in the assistance unit's household must be disregarded from the income
of the person with the legal obligation to pay support.
(c) An allocation for the unmet need of an ineligible spouse or an ineligible child under
the age of 21 for whom the caregiver is financially responsible and who lives with the
caregiver must be made according to section 256J.36.
(d) Subtract unearned income dollar for dollar from the MFIP transitional standard to
determine the assistance payment amount.
(e) When income is both earned and unearned, the amount of the assistance payment
must be determined by first treating gross earned income as specified in paragraph (a). After
determining the amount of the assistance payment under paragraph (a), unearned income
must be subtracted from that amount dollar for dollar to determine the assistance payment
amount.
deleted text begin
(f) When the monthly income is greater than the MFIP transitional standard after
deductions and the income will only exceed the standard for one month, the county agency
must suspend the assistance payment for the payment month.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 21.
Minnesota Statutes 2022, section 256J.33, subdivision 1, is amended to read:
Subdivision 1.
Determination of eligibility.
(a) A county agency must determine MFIP
eligibility prospectively deleted text begin for a payment monthdeleted text end based on deleted text begin retrospectivelydeleted text end assessing income
and the county agency's best estimate of the circumstances that will exist in the payment
month.
(b) deleted text begin Except as described in section 256J.34, subdivision 1, when prospective eligibility
exists,deleted text end A county agency must calculate the amount of the assistance payment using
deleted text begin retrospectivedeleted text end new text begin prospectivenew text end budgeting. To determine MFIP eligibility and the assistance
payment amount, a county agency must apply countable income, described in sections
256P.06 and 256J.37, subdivisions 3 to deleted text begin 10deleted text end new text begin 9new text end , received by members of an assistance unit or
by other persons whose income is counted for the assistance unit, described under sections
256J.37, subdivisions 1 to 2, and 256P.06, subdivision 1.
(c) This income must be applied to the MFIP standard of need or family wage level
subject to this section and sections 256J.34 to 256J.36. Countable income as described in
section 256P.06, subdivision 3, received deleted text begin in a calendar monthdeleted text end must be applied to the needs
of an assistance unit.
new text begin
(d) An assistance unit is not eligible when the countable income equals or exceeds the
MFIP standard of need or the family wage level for the assistance unit.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025, except that the amendment
to paragraph (b) striking "10" and inserting "9" is effective July 1, 2024.
new text end
Sec. 22.
Minnesota Statutes 2022, section 256J.33, subdivision 2, is amended to read:
Subd. 2.
Prospective eligibility.
An agency must determine whether the eligibility
requirements that pertain to an assistance unit, including those in sections 256J.11 to 256J.15
and 256P.02, will be met prospectively for the payment deleted text begin monthdeleted text end new text begin periodnew text end . deleted text begin Except for the
provisions in section 256J.34, subdivision 1,deleted text end The income test will be applied deleted text begin retrospectivelydeleted text end new text begin
prospectivelynew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 23.
Minnesota Statutes 2022, section 256J.37, subdivision 3, is amended to read:
Subd. 3.
Earned income of wage, salary, and contractual employees.
The agency
must include gross earned income less any disregards in the initial deleted text begin and monthlydeleted text end income
test. Gross earned income received by persons employed on a contractual basis must be
prorated over the period covered by the contract even when payments are received over a
lesser period of time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 24.
Minnesota Statutes 2022, section 256J.37, subdivision 3a, is amended to read:
Subd. 3a.
Rental subsidies; unearned income.
(a) Effective July 1, 2003, the agency
shall count $50 of the value of public and assisted rental subsidies provided through the
Department of Housing and Urban Development (HUD) as unearned income to the cash
portion of the MFIP grant. The full amount of the subsidy must be counted as unearned
income when the subsidy is less than $50. The income from this subsidy shall be budgeted
according to section deleted text begin 256J.34deleted text end new text begin 256P.09new text end .
(b) The provisions of this subdivision shall not apply to an MFIP assistance unit which
includes a participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from an illness, injury, or incapacity that has been
certified by a qualified professional when the illness, injury, or incapacity is expected to
continue for more than 30 days and severely limits the person's ability to obtain or maintain
suitable employment; or
(3) a caregiver whose presence in the home is required due to the illness or incapacity
of another member in the assistance unit, a relative in the household, or a foster child in the
household when the illness or incapacity and the need for the participant's presence in the
home has been certified by a qualified professional and is expected to continue for more
than 30 days.
(c) The provisions of this subdivision shall not apply to an MFIP assistance unit where
the parental caregiver is an SSI participant.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 25.
Minnesota Statutes 2022, section 256J.95, subdivision 19, is amended to read:
Subd. 19.
DWP overpayments and underpayments.
DWP benefits are subject to
overpayments and underpayments. Anytime an overpayment or an underpayment is
determined for DWP, the correction shall be calculated using prospective budgeting.
Corrections shall be determined based on the policy in section deleted text begin 256J.34, subdivision 1,
paragraphs (a), (b), and (c)deleted text end new text begin 256P.09, subdivisions 1 to 4new text end . ATM errors must be recovered as
specified in section 256P.08, subdivision 7. Cross program recoupment of overpayments
cannot be assigned to or from DWP.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 26.
Minnesota Statutes 2022, section 256P.01, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Prospective budgeting. new text end
new text begin
"Prospective budgeting" means estimating the amount
of monthly income that an assistance unit will have in the payment month.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 27.
Minnesota Statutes 2022, section 256P.02, subdivision 2, is amended to read:
Subd. 2.
Personal property limitations.
The equity value of an assistance unit's personal
property listed in clauses (1) to (5) must not exceed $10,000 for applicants and participants.
For purposes of this subdivision, personal property is limited to:
(1) cash;
(2) bank accountsnew text begin not excluded under subdivision 4new text end ;
(3) liquid stocks and bonds that can be readily accessed without a financial penalty;
(4) vehicles not excluded under subdivision 3; and
(5) the full value of business accounts used to pay expenses not related to the business.
Sec. 28.
Minnesota Statutes 2022, section 256P.02, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Account exception. new text end
new text begin
Family asset accounts under section 256E.35 and individual
development accounts authorized under the Assets for Independence Act, Title IV of the
Community Opportunities, Accountability, and Training and Educational Services Human
Services Reauthorization Act of 1998, Public Law 105-285, shall be excluded when
determining the equity value of personal property.
new text end
Sec. 29.
Minnesota Statutes 2022, section 256P.04, subdivision 4, is amended to read:
Subd. 4.
Factors to be verified.
(a) The agency shall verify the following at application:
(1) identity of adults;
(2) age, if necessary to determine eligibility;
(3) immigration status;
(4) income;
(5) spousal support and child support payments made to persons outside the household;
(6) vehicles;
(7) checking and savings accounts, including but not limited to any business accounts
used to pay expenses not related to the business;
(8) inconsistent information, if related to eligibility;
(9) residence;new text begin and
new text end
(10) Social Security numberdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(11) use of nonrecurring income under section 256P.06, subdivision 3, clause (2), item
(ix), for the intended purpose for which it was given and received.
deleted text end
(b) Applicants who are qualified noncitizens and victims of domestic violence as defined
under section 256J.08, subdivision 73, clauses (8) and (9), are not required to verify the
information in paragraph (a), clause (10). When a Social Security number is not provided
to the agency for verification, this requirement is satisfied when each member of the
assistance unit cooperates with the procedures for verification of Social Security numbers,
issuance of duplicate cards, and issuance of new numbers which have been established
jointly between the Social Security Administration and the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 30.
Minnesota Statutes 2022, section 256P.04, subdivision 8, is amended to read:
Subd. 8.
Recertification.
The agency shall recertify eligibility annually. During
recertificationnew text begin and reporting under section 256P.10new text end , the agency shall verify the following:
(1) income, unless excluded, including self-employment earnings;
(2) assets when the value is within $200 of the asset limit; and
(3) inconsistent information, if related to eligibility.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 31.
Minnesota Statutes 2022, section 256P.06, subdivision 3, is amended to read:
Subd. 3.
Income inclusions.
The following must be included in determining the income
of an assistance unit:
(1) earned income; and
(2) unearned income, which includes:
(i) interest and dividends from investments and savings;
(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;
(iii) proceeds from rent and contract for deed payments in excess of the principal and
interest portion owed on property;
(iv) income from trusts, excluding special needs and supplemental needs trusts;
(v) interest income from loans made by the participant or household;
(vi) cash prizes and winnings;
(vii) unemployment insurance income that is received by an adult member of the
assistance unit unless the individual receiving unemployment insurance income is:
(A) 18 years of age and enrolled in a secondary school; or
(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;
(viii) retirement, survivors, and disability insurance payments;
deleted text begin
(ix) nonrecurring income over $60 per quarter unless the nonrecurring income is: (A)
from tax refunds, tax rebates, or tax credits; (B) a reimbursement, rebate, award, grant, or
refund of personal or real property or costs or losses incurred when these payments are
made by: a public agency; a court; solicitations through public appeal; a federal, state, or
local unit of government; or a disaster assistance organization; (C) provided as an in-kind
benefit; or (D) earmarked and used for the purpose for which it was intended, subject to
verification requirements under section 256P.04;
deleted text end
deleted text begin (x)deleted text end new text begin (ix)new text end retirement benefits;
deleted text begin (xi)deleted text end new text begin (x)new text end cash assistance benefits, as defined by each program in chapters 119B, 256D,
256I, and 256J;
deleted text begin (xii)deleted text end new text begin (xi)new text end Tribal per capita payments unless excluded by federal and state law;
deleted text begin (xiii)deleted text end new text begin (xii)new text end income from members of the United States armed forces unless excluded
from income taxes according to federal or state law;
deleted text begin (xiv)deleted text end new text begin (xiii)new text end all child support payments for programs under chapters 119B, 256D, and
256I;
deleted text begin (xv)deleted text end new text begin (xiv)new text end the amount of child support received that exceeds $100 for assistance units
with one child and $200 for assistance units with two or more children for programs under
chapter 256J;
deleted text begin (xvi)deleted text end new text begin (xv)new text end spousal support; and
deleted text begin (xvii)deleted text end new text begin (xvi)new text end workers' compensation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 32.
Minnesota Statutes 2022, section 256P.07, subdivision 1, is amended to read:
Subdivision 1.
Exempted programs.
Participants who new text begin receive Supplemental Security
Income and new text end qualify for Minnesota supplemental aid under chapter 256D deleted text begin anddeleted text end new text begin ornew text end for housing
support under chapter 256I deleted text begin on the basis of eligibility for Supplemental Security Incomedeleted text end are
exempt from deleted text begin this sectiondeleted text end new text begin reporting income under this chapternew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 33.
Minnesota Statutes 2022, section 256P.07, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Child care assistance programs. new text end
new text begin
Participants who qualify for child care
assistance programs under chapter 119B are exempt from this section except the reporting
requirements in subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 34.
Minnesota Statutes 2022, section 256P.07, subdivision 2, is amended to read:
Subd. 2.
Reporting requirements.
An applicant or participant must provide information
on an application and any subsequent reporting forms about the assistance unit's
circumstances that affect eligibility or benefits. An applicant or assistance unit must report
changes new text begin that affect eligibility or benefits as new text end identified in deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 3new text begin , 4, 5,
7, 8, and 9 during the application period or by the tenth of the month following the month
the assistance unit's circumstances changednew text end . When information is not accurately reported,
both an overpayment and a referral for a fraud investigation may result. When information
or documentation is not provided, the receipt of any benefit may be delayed or denied,
depending on the type of information required and its effect on eligibility.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 35.
Minnesota Statutes 2022, section 256P.07, subdivision 3, is amended to read:
Subd. 3.
Changes that must be reported.
deleted text begin
An assistance unit must report the changes
or anticipated changes specified in clauses (1) to (12) within ten days of the date they occur,
at the time of recertification of eligibility under section 256P.04, subdivisions 8 and 9, or
within eight calendar days of a reporting period, whichever occurs first. An assistance unit
must report other changes at the time of recertification of eligibility under section 256P.04,
subdivisions 8 and 9, or at the end of a reporting period, as applicable. When an agency
could have reduced or terminated assistance for one or more payment months if a delay in
reporting a change specified under clauses (1) to (12) had not occurred, the agency must
determine whether a timely notice could have been issued on the day that the change
occurred. When a timely notice could have been issued, each month's overpayment
subsequent to that notice must be considered a client error overpayment under section
119B.11, subdivision 2a, or 256P.08. Changes in circumstances that must be reported within
ten days must also be reported for the reporting period in which those changes occurred.
Within ten days, an assistance unit must report:
deleted text end
deleted text begin
(1) a change in earned income of $100 per month or greater with the exception of a
program under chapter 119B;
deleted text end
deleted text begin
(2) a change in unearned income of $50 per month or greater with the exception of a
program under chapter 119B;
deleted text end
deleted text begin
(3) a change in employment status and hours with the exception of a program under
chapter 119B;
deleted text end
deleted text begin
(4) a change in address or residence;
deleted text end
deleted text begin
(5) a change in household composition with the exception of programs under chapter
256I;
deleted text end
deleted text begin
(6) a receipt of a lump-sum payment with the exception of a program under chapter
119B;
deleted text end
deleted text begin
(7) an increase in assets if over $9,000 with the exception of programs under chapter
119B;
deleted text end
deleted text begin
(8) a change in citizenship or immigration status;
deleted text end
deleted text begin
(9) a change in family status with the exception of programs under chapter 256I;
deleted text end
deleted text begin
(10) a change in disability status of a unit member, with the exception of programs under
chapter 119B;
deleted text end
deleted text begin
(11) a new rent subsidy or a change in rent subsidy with the exception of a program
under chapter 119B; and
deleted text end
deleted text begin
(12) a sale, purchase, or transfer of real property with the exception of a program under
chapter 119B.
deleted text end
new text begin
(a) An assistance unit must report changes or anticipated changes as described in this
section.
new text end
new text begin
(b) An assistance unit must report:
new text end
new text begin
(1) a change in eligibility for Supplemental Security Income, Retirement Survivors
Disability Insurance, or another federal income support;
new text end
new text begin
(2) a change in address or residence;
new text end
new text begin
(3) a change in household composition with the exception of programs under chapter
256I;
new text end
new text begin
(4) cash prizes and winnings according to guidance provided for the Supplemental
Nutrition Assistance Program;
new text end
new text begin
(5) a change in citizenship or immigration status;
new text end
new text begin
(6) a change in family status with the exception of programs under chapter 256I; and
new text end
new text begin
(7) a change that makes the value of the unit's assets at or above the asset limit.
new text end
new text begin
(c) When an agency could have reduced or terminated assistance for one or more payment
months if a delay in reporting a change specified under paragraph (b) had not occurred, the
agency must determine whether the agency could have issued a timely notice on the day
that the change occurred. When a timely notice could have been issued, each month's
overpayment subsequent to the notice must be considered a client error overpayment under
section 256P.08.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025, except that the amendment
striking clause (6) is effective July 1, 2024.
new text end
Sec. 36.
Minnesota Statutes 2022, section 256P.07, subdivision 4, is amended to read:
Subd. 4.
MFIP-specific reporting.
In addition to subdivision 3, an assistance unit under
chapter 256Jdeleted text begin , within ten days of the change,deleted text end must report:
(1) a pregnancy not resulting in birth when there are no other minor children; deleted text begin and
deleted text end
(2) a change in school attendance of a parent under 20 years of age deleted text begin or of an employed
child.deleted text end new text begin ; and
new text end
new text begin
(3) an individual in the household who is 18 or 19 years of age attending high school
who graduates or drops out of school.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 37.
Minnesota Statutes 2022, section 256P.07, subdivision 6, is amended to read:
Subd. 6.
Child care assistance programs-specific reporting.
(a) deleted text begin In addition to
subdivision 3,deleted text end An assistance unit under chapter 119B, within ten days of the change, must
report:
(1) a change in a parentally responsible individual's custody schedule for any child
receiving child care assistance program benefits;
(2) a permanent end in a parentally responsible individual's authorized activity; deleted text begin and
deleted text end
(3) if the unit's family's annual included income exceeds 85 percent of the state median
income, adjusted for family sizedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) a change in address or residence;
new text end
new text begin
(5) a change in household composition;
new text end
new text begin
(6) a change in citizenship or immigration status; and
new text end
new text begin
(7) a change in family status.
new text end
(b) An assistance unit subject to section 119B.095, subdivision 1, paragraph (b), must
report a change in the unit's authorized activity status.
(c) An assistance unit must notify the county when the unit wants to reduce the number
of authorized hours for children in the unit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 38.
Minnesota Statutes 2022, section 256P.07, subdivision 7, is amended to read:
Subd. 7.
Minnesota supplemental aid-specific reporting.
new text begin (a) new text end In addition to subdivision
3, an assistance unit participating in the Minnesota supplemental aid program under deleted text begin section
256D.44, subdivision 5, paragraph (g), within ten days of the change,deleted text end new text begin chapter 256D and not
receiving Supplemental Security Incomenew text end must report deleted text begin shelter expenses.deleted text end new text begin :
new text end
new text begin
(1) a change in unearned income of $50 per month or greater; and
new text end
new text begin
(2) a change in earned income of $100 per month or greater.
new text end
new text begin
(b) An assistance unit receiving housing assistance under section 256D.44, subdivision
5, paragraph (g), including assistance units that also receive Supplemental Security Income,
must report:
new text end
new text begin
(1) a change in shelter expenses; and
new text end
new text begin
(2) a new rent subsidy or a change in rent subsidy.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 39.
Minnesota Statutes 2022, section 256P.07, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Housing support-specific reporting. new text end
new text begin
(a) In addition to subdivision 3, an
assistance unit participating in the housing support program under chapter 256I and not
receiving Supplemental Security Income must report:
new text end
new text begin
(1) a change in unearned income of $50 per month or greater; and
new text end
new text begin
(2) a change in earned income of $100 per month or greater, unless the assistance unit
is already subject to six-month reporting requirements in section 256P.10.
new text end
new text begin
(b) Notwithstanding the exemptions in subdivisions 1 and 3, an assistance unit receiving
housing support under chapter 256I, including an assistance unit that receives Supplemental
Security Income, must report:
new text end
new text begin
(1) a new rent subsidy or a change in rent subsidy;
new text end
new text begin
(2) a change in the disability status of a unit member; and
new text end
new text begin
(3) a change in household composition if the assistance unit is a participant in housing
support under section 256I.04, subdivision 3, paragraph (a), clause (3).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 40.
Minnesota Statutes 2022, section 256P.07, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin General assistance-specific reporting. new text end
new text begin
In addition to subdivision 3, an
assistance unit participating in the general assistance program under chapter 256D must
report:
new text end
new text begin
(1) a change in unearned income of $50 per month or greater;
new text end
new text begin
(2) a change in earned income of $100 per month or greater, unless the assistance unit
is already subject to six-month reporting requirements in section 256P.10; and
new text end
new text begin
(3) changes in any condition that would result in the loss of basis for eligibility in section
256D.05, subdivision 1, paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 41.
new text begin
[256P.09] PROSPECTIVE BUDGETING OF BENEFITS.
new text end
new text begin Subdivision 1. new text end
new text begin Exempted programs. new text end
new text begin
Assistance units that qualify for child care
assistance programs under chapter 119B and assistance units that receive housing support
under chapter 256I are not subject to reporting under section 256P.10, and assistance units
that qualify for Minnesota supplemental aid under chapter 256D are exempt from this
section.
new text end
new text begin Subd. 2. new text end
new text begin Prospective budgeting of benefits. new text end
new text begin
An agency subject to this chapter must use
prospective budgeting to calculate the assistance payment amount.
new text end
new text begin Subd. 3. new text end
new text begin Initial income. new text end
new text begin
For the purpose of determining an assistance unit's level of
benefits, an agency must take into account the income already received by the assistance
unit during or anticipated to be received during the application period. Income anticipated
to be received only in the initial month of eligibility must only be counted in the initial
month.
new text end
new text begin Subd. 4. new text end
new text begin Income determination. new text end
new text begin
An agency must use prospective budgeting to determine
the amount of the assistance unit's benefit for the eligibility period based on the best
information available at the time of approval. An agency shall only count anticipated income
when the participant and the agency are reasonably certain of the amount of the payment
and the month in which the payment will be received. If the exact amount of the income is
not known, the agency shall consider only the amounts that can be anticipated as income.
new text end
new text begin Subd. 5. new text end
new text begin Income changes. new text end
new text begin
An increase in income shall not affect an assistance unit's
eligibility or benefit amount until the next review unless otherwise required to be reported
in section 256P.07. A decrease in income shall be effective on the date that the change
occurs if the change is reported by the tenth of the month following the month when the
change occurred. If the assistance unit does not report the change in income by the tenth of
the month following the month when the change occurred, the change in income shall be
effective on the date the change was reported.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 42.
new text begin
[256P.10] SIX-MONTH REPORTING.
new text end
new text begin Subdivision 1. new text end
new text begin Exempted programs. new text end
new text begin
Assistance units that qualify for child care
assistance programs under chapter 119B, assistance units that qualify for Minnesota
supplemental aid under chapter 256D, and assistance units that qualify for housing support
under chapter 256I and also receive Supplemental Security Income are exempt from this
section.
new text end
new text begin Subd. 2. new text end
new text begin Reporting. new text end
new text begin
(a) Every six months, an assistance unit that qualifies for the
Minnesota family investment program under chapter 256J, an assistance unit that qualifies
for general assistance under chapter 256D with an earned income of $100 per month or
greater, or an assistance unit that qualifies for housing support under chapter 256I with an
earned income of $100 per month or greater is subject to six-month reviews. The initial
reporting period may be shorter than six months in order to align with other programs'
reporting periods.
new text end
new text begin
(b) An assistance unit that qualifies for the Minnesota family investment program or an
assistance unit that qualifies for general assistance with an earned income of $100 per month
or greater must complete household report forms as required by the commissioner for
redetermination of benefits.
new text end
new text begin
(c) An assistance unit that qualifies for housing support with an earned income of $100
per month or greater must complete household report forms as prescribed by the
commissioner to provide information about earned income.
new text end
new text begin
(d) An assistance unit that qualifies for housing support and also receives assistance
through the Minnesota family investment program shall be subject to requirements of this
section for purposes of the Minnesota family investment program but not for housing support.
new text end
new text begin
(e) An assistance unit covered by this section must submit a household report form in
compliance with the provisions in section 256P.04, subdivision 11.
new text end
new text begin
(f) An assistance unit covered by this section may choose to report changes under this
section at any time.
new text end
new text begin Subd. 3. new text end
new text begin When to terminate assistance. new text end
new text begin
(a) An agency must terminate benefits when
the assistance unit fails to submit the household report form before the end of the six-month
review period. If the assistance unit submits the household report form within 30 days of
the termination of benefits and remains eligible, benefits must be reinstated and made
available retroactively for the full benefit month.
new text end
new text begin
(b) When an assistance unit is determined to be ineligible for assistance according to
this section and chapter 256D, 256I, or 256J, the agency must terminate assistance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 43. new text begin APPROPRIATION; EMERGENCY FOOD DISTRIBUTION FACILITIES.
new text end
new text begin
$19,000,000 in fiscal year 2024 is appropriated from the general fund to the commissioner
of human services for improving and expanding the infrastructure of food shelf facilities
across the state, including adding freezer or cooler space and dry storage space, improving
the safety and sanitation of existing food shelves, and addressing deferred maintenance or
other facility needs of existing food shelves. Grant money shall be made available to nonprofit
organizations, federally recognized Tribes, and local units of government. This is a onetime
appropriation and is available until June 30, 2027.
new text end
Sec. 44. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 256.9864; 256J.08, subdivisions 10, 53, 61, 62,
81, and 83; 256J.30, subdivisions 5, 7, and 8; 256J.33, subdivisions 3, 4, and 5; 256J.34,
subdivisions 1, 2, 3, and 4; and 256J.37, subdivision 10,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, section 256.8799,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (a) is effective March 1, 2025, except the repeal of
Minnesota Statutes 2022, sections 256J.08, subdivisions 62 and 53, and 256J.37, subdivision
10, is effective July 1, 2024. Paragraph (b) is effective August 1, 2023.
new text end
ARTICLE 5
ADDRESSING DEEP POVERTY
Section 1.
Minnesota Statutes 2022, section 256D.01, subdivision 1a, is amended to read:
Subd. 1a.
Standards.
(a) A principal objective in providing general assistance is to
provide for single adults, childless couples, or children as defined in section 256D.02,
subdivision 6, ineligible for federal programs who are unable to provide for themselves.
The minimum standard of assistance determines the total amount of the general assistance
grant without separate standards for shelter, utilities, or other needs.
(b) The deleted text begin commissioner shall set thedeleted text end standard of assistance for an assistance unit consisting
of deleted text begin an adultdeleted text end new text begin anew text end recipient who is childless and unmarried or living apart from children and
spouse and who does not live with a parent or parents or a legal custodiannew text begin is the cash portion
of the MFIP transitional standard for a single adult under section 256J.24, subdivision 5new text end .
deleted text begin When the other standards specified in this subdivision increase, this standard must also be
increased by the same percentage.
deleted text end
(c) For an assistance unit consisting of a single adult who lives with a parent or parents,
the general assistance standard of assistance deleted text begin is the amount that the aid to families with
dependent children standard of assistance, in effect on July 16, 1996, would increase if the
recipient were added as an additional minor child to an assistance unit consisting of the
recipient's parent and all of that parent's family members, except that the standard may not
exceed the standard for a general assistance recipient living alonedeleted text end new text begin is the cash portion of the
MFIP transitional standard for a single adult under section 256J.24, subdivision 5new text end . Benefits
received by a responsible relative of the assistance unit under the Supplemental Security
Income program, a workers' compensation program, the Minnesota supplemental aid program,
or any other program based on the responsible relative's disability, and any benefits received
by a responsible relative of the assistance unit under the Social Security retirement program,
may not be counted in the determination of eligibility or benefit level for the assistance unit.
Except as provided below, the assistance unit is ineligible for general assistance if the
available resources or the countable income of the assistance unit and the parent or parents
with whom the assistance unit lives are such that a family consisting of the assistance unit's
parent or parents, the parent or parents' other family members and the assistance unit as the
only or additional minor child would be financially ineligible for general assistance. For
the purposes of calculating the countable income of the assistance unit's parent or parents,
the calculation methods must follow the provisions under section 256P.06.
(d) For an assistance unit consisting of a childless couple, the standards of assistance
are the same as the first and second adult standards of the aid to families with dependent
children program in effect on July 16, 1996. If one member of the couple is not included in
the general assistance grant, the standard of assistance for the other is the second adult
standard of the aid to families with dependent children program as of July 16, 1996.
Sec. 2.
Minnesota Statutes 2022, section 256D.024, subdivision 1, is amended to read:
Subdivision 1.
Person convicted of drug offenses.
(a) deleted text begin Ifdeleted text end An deleted text begin applicant or recipientdeleted text end new text begin
individual whonew text end has been convicted of a new text begin felony-level new text end drug offense deleted text begin after July 1, 1997, the
assistance unit is ineligible for benefits under this chapter until five years after the applicant
has completed terms of the court-ordered sentence, unless the person is participating in a
drug treatment program, has successfully completed a drug treatment program, or has been
assessed by the county and determined not to be in need of a drug treatment program. Persons
subject to the limitations of this subdivision who become eligible for assistance under this
chapter shalldeleted text end new text begin during the previous ten years from the date of application or recertification
maynew text end be subject to random drug testing deleted text begin as a condition of continued eligibility and shall lose
eligibility for benefits for five years beginning the month following:deleted text end new text begin . The county must
provide information about substance use disorder treatment programs to a person who tests
positive for an illegal controlled substance.
new text end
deleted text begin
(1) Any positive test result for an illegal controlled substance; or
deleted text end
deleted text begin
(2) discharge of sentence after conviction for another drug felony.
deleted text end
(b) For the purposes of this subdivision, "drug offense" means a conviction that occurred
deleted text begin after July 1, 1997,deleted text end new text begin during the previous ten years from the date of application or recertificationnew text end
of sections 152.021 to 152.025, 152.0261, 152.0262, or 152.096. Drug offense also means
a conviction in another jurisdiction of the possession, use, or distribution of a controlled
substance, or conspiracy to commit any of these offenses, if the deleted text begin offensedeleted text end new text begin convictionnew text end occurred
deleted text begin after July 1, 1997,deleted text end new text begin during the previous ten years from the date of application or recertificationnew text end
and the conviction is a felony offense in that jurisdiction, or in the case of New Jersey, a
high misdemeanor.
Sec. 3.
Minnesota Statutes 2022, section 256D.06, subdivision 5, is amended to read:
Subd. 5.
Eligibility; requirements.
(a) Any applicant, otherwise eligible for general
assistance and possibly eligible for maintenance benefits from any other source shall (1)
make application for those benefits within deleted text begin 30deleted text end new text begin 90new text end days of the general assistance application;
and (2) execute an interim assistance agreement on a form as directed by the commissioner.
(b) The commissioner shall review a denial of an application for other maintenance
benefits and may require a recipient of general assistance to file an appeal of the denial if
appropriate. If found eligible for benefits from other sources, and a payment received from
another source relates to the period during which general assistance was also being received,
the recipient shall be required to reimburse the county agency for the interim assistance
paid. Reimbursement shall not exceed the amount of general assistance paid during the time
period to which the other maintenance benefits apply and shall not exceed the state standard
applicable to that time period.
(c) The commissioner may contract with the county agencies, qualified agencies,
organizations, or persons to provide advocacy and support services to process claims for
federal disability benefits for applicants or recipients of services or benefits supervised by
the commissioner using money retained under this section.
(d) The commissioner may provide methods by which county agencies shall identify,
refer, and assist recipients who may be eligible for benefits under federal programs for
people with a disability.
(e) The total amount of interim assistance recoveries retained under this section for
advocacy, support, and claim processing services shall not exceed 35 percent of the interim
assistance recoveries in the prior fiscal year.
Sec. 4.
Minnesota Statutes 2022, section 256I.03, subdivision 7, is amended to read:
Subd. 7.
Countable income.
new text begin (a) new text end "Countable income" means all income received by an
applicant or recipient as described under section 256P.06, less any applicable exclusions or
disregards. deleted text begin For a recipient of any cash benefit from the SSI program, countable income
means the SSI benefit limit in effect at the time the person is a recipient of housing support,
less the medical assistance personal needs allowance under section 256B.35. If the SSI limit
or benefit is reduced for a person due to events other than receipt of additional income,
countable income means actual income less any applicable exclusions and disregards.
deleted text end
new text begin
(b) For a recipient of any cash benefit from the SSI program who does not live in a
setting described in section 256I.04, subdivision 2a, paragraph (b), clause (2), countable
income equals the SSI benefit limit in effect at the time the person is a recipient of housing
support, less the medical assistance personal needs allowance under section 256B.35. If the
SSI limit or benefit is reduced for a person due to events other than receipt of additional
income, countable income equals actual income less any applicable exclusions and disregards.
new text end
new text begin
(c) For a recipient of any cash benefit from the SSI program who lives in a setting as
described in section 256I.04, subdivision 2a, paragraph (b), clause (2), countable income
equals 30 percent of the SSI benefit limit in effect at the time a person is a recipient of
housing support. If the SSI limit or benefit is reduced for a person due to events other than
receipt of additional income, countable income equals 30 percent of the actual income less
any applicable exclusions and disregards. For recipients under this paragraph, the medical
assistance personal needs allowance described in sections 256I.04, subdivision 1, paragraph
(a), clause (2), and 256I.04, subdivision 1, paragraph (b), does not apply.
new text end
new text begin
(d) Notwithstanding the earned income disregard described in section 256P.03, for a
recipient of unearned income as defined in section 256P.06, subdivision 3, clause (2), other
than SSI who lives in a setting described in section 256I.04, subdivision 2a, paragraph (b),
clause (2), countable income equals 30 percent of the recipient's total income after applicable
exclusions and disregards. Total income includes any unearned income as defined in section
256P.06 and any earned income in the month the person is a recipient of housing support.
For recipients under this paragraph, the medical assistance personal needs allowance
described in sections 256I.04, subdivision 1, paragraph (a), clause (2), and 256I.04,
subdivision 1, paragraph (b), does not apply.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 5.
Minnesota Statutes 2022, section 256J.26, subdivision 1, is amended to read:
Subdivision 1.
Person convicted of drug offenses.
(a) An individual who has been
convicted of a felony level drug offense deleted text begin committeddeleted text end during the previous ten years from the
date of application or recertification is subject to the following:
(1) Benefits for the entire assistance unit must be paid in vendor form for shelter and
utilities during any time the applicant is part of the assistance unit.
(2) The convicted applicant or participant deleted text begin shalldeleted text end new text begin maynew text end be subject to random drug testing
deleted text begin as a condition of continued eligibility anddeleted text end new text begin .new text end Following any positive test for an illegal controlled
substance deleted text begin is subject to the following sanctions:deleted text end new text begin , the county must provide information about
substance use disorder treatment programs to the applicant or participant.
new text end
deleted text begin
(i) for failing a drug test the first time, the residual amount of the participant's grant after
making vendor payments for shelter and utility costs, if any, must be reduced by an amount
equal to 30 percent of the MFIP standard of need for an assistance unit of the same size.
When a sanction under this subdivision is in effect, the job counselor must attempt to meet
with the person face-to-face. During the face-to-face meeting, the job counselor must explain
the consequences of a subsequent drug test failure and inform the participant of the right to
appeal the sanction under section 256J.40. If a face-to-face meeting is not possible, the
county agency must send the participant a notice of adverse action as provided in section
256J.31, subdivisions 4 and 5, and must include the information required in the face-to-face
meeting; or
deleted text end
deleted text begin
(ii) for failing a drug test two times, the participant is permanently disqualified from
receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP
grant must be reduced by the amount which would have otherwise been made available to
the disqualified participant. Disqualification under this item does not make a participant
ineligible for the Supplemental Nutrition Assistance Program (SNAP). Before a
disqualification under this provision is imposed, the job counselor must attempt to meet
with the participant face-to-face. During the face-to-face meeting, the job counselor must
identify other resources that may be available to the participant to meet the needs of the
family and inform the participant of the right to appeal the disqualification under section
256J.40. If a face-to-face meeting is not possible, the county agency must send the participant
a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must
include the information required in the face-to-face meeting.
deleted text end
deleted text begin
(3) A participant who fails a drug test the first time and is under a sanction due to other
MFIP program requirements is considered to have more than one occurrence of
noncompliance and is subject to the applicable level of sanction as specified under section
256J.46, subdivision 1, paragraph (d).
deleted text end
(b) Applicants requesting only SNAP benefits or participants receiving only SNAP
benefits, who have been convicted of a new text begin felony-level new text end drug offense deleted text begin that occurred after July
1, 1997,deleted text end new text begin during the previous ten years from the date of application or recertificationnew text end may,
if otherwise eligible, receive SNAP benefits deleted text begin ifdeleted text end new text begin .new text end The convicted applicant or participant deleted text begin isdeleted text end new text begin
may benew text end subject to random drug testing deleted text begin as a condition of continued eligibilitydeleted text end . Following a
positive test for an illegal controlled substance, the deleted text begin applicant is subject to the following
sanctions:deleted text end new text begin county must provide information about substance use disorder treatment programs
to the applicant or participant.
new text end
deleted text begin
(1) for failing a drug test the first time, SNAP benefits shall be reduced by an amount
equal to 30 percent of the applicable SNAP benefit allotment. When a sanction under this
clause is in effect, a job counselor must attempt to meet with the person face-to-face. During
the face-to-face meeting, a job counselor must explain the consequences of a subsequent
drug test failure and inform the participant of the right to appeal the sanction under section
256J.40. If a face-to-face meeting is not possible, a county agency must send the participant
a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must
include the information required in the face-to-face meeting; and
deleted text end
deleted text begin
(2) for failing a drug test two times, the participant is permanently disqualified from
receiving SNAP benefits. Before a disqualification under this provision is imposed, a job
counselor must attempt to meet with the participant face-to-face. During the face-to-face
meeting, the job counselor must identify other resources that may be available to the
participant to meet the needs of the family and inform the participant of the right to appeal
the disqualification under section 256J.40. If a face-to-face meeting is not possible, a county
agency must send the participant a notice of adverse action as provided in section 256J.31,
subdivisions 4 and 5, and must include the information required in the face-to-face meeting.
deleted text end
(c) For the purposes of this subdivision, "drug offense" means deleted text begin an offensedeleted text end new text begin a convictionnew text end
that occurred during the previous ten years from the date of application or recertification
of sections 152.021 to 152.025, 152.0261, 152.0262, 152.096, or 152.137. Drug offense
also means a conviction in another jurisdiction of the possession, use, or distribution of a
controlled substance, or conspiracy to commit any of these offenses, if the deleted text begin offensedeleted text end new text begin convictionnew text end
occurred during the previous ten years from the date of application or recertification and
the conviction is a felony offense in that jurisdiction, or in the case of New Jersey, a high
misdemeanor.
Sec. 6.
Minnesota Statutes 2022, section 256P.01, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Lived-experience engagement. new text end
new text begin
"Lived-experience engagement" means an
intentional engagement of people with lived experience by a federal, Tribal, state, county,
municipal, or nonprofit human services agency funded in part or in whole by federal, state,
local government, Tribal Nation, public, private, or philanthropic funds to gather and share
feedback on the impact of human services programs.
new text end
Sec. 7.
Minnesota Statutes 2022, section 256P.02, subdivision 2, is amended to read:
Subd. 2.
Personal property limitations.
The equity value of an assistance unit's personal
property listed in clauses (1) to (5) must not exceed $10,000 for applicants and participants.
For purposes of this subdivision, personal property is limited to:
(1) cashnew text begin not excluded under subdivision 4new text end ;
(2) bank accounts;
(3) liquid stocks and bonds that can be readily accessed without a financial penalty;
(4) vehicles not excluded under subdivision 3; and
(5) the full value of business accounts used to pay expenses not related to the business.
Sec. 8.
Minnesota Statutes 2022, section 256P.02, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Health and human services recipient engagement income. new text end
new text begin
Income received
from lived-experience engagement, as defined in section 256P.01, subdivision 6, shall be
excluded when determining the equity value of personal property.
new text end
Sec. 9.
Minnesota Statutes 2022, section 256P.06, subdivision 3, is amended to read:
Subd. 3.
Income inclusions.
The following must be included in determining the income
of an assistance unit:
(1) earned income; and
(2) unearned income, which includes:
(i) interest and dividends from investments and savings;
(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;
(iii) proceeds from rent and contract for deed payments in excess of the principal and
interest portion owed on property;
(iv) income from trusts, excluding special needs and supplemental needs trusts;
(v) interest income from loans made by the participant or household;
(vi) cash prizes and winnings;
(vii) unemployment insurance income that is received by an adult member of the
assistance unit unless the individual receiving unemployment insurance income is:
(A) 18 years of age and enrolled in a secondary school; or
(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;
(viii) retirement, survivors, and disability insurance payments;
(ix) nonrecurring income over $60 per quarter unless the nonrecurring income is: (A)
from tax refunds, tax rebates, or tax credits; (B) a reimbursement, rebate, award, grant, or
refund of personal or real property or costs or losses incurred when these payments are
made by: a public agency; a court; solicitations through public appeal; a federal, state, or
local unit of government; or a disaster assistance organization; (C) provided as an in-kind
benefit; or (D) earmarked and used for the purpose for which it was intended, subject to
verification requirements under section 256P.04;
(x) retirement benefits;
(xi) cash assistance benefits, as defined by each program in chapters 119B, 256D, 256I,
and 256J;
deleted text begin
(xii) Tribal per capita payments unless excluded by federal and state law;
deleted text end
deleted text begin (xiii)deleted text end new text begin (xii)new text end income from members of the United States armed forces unless excluded
from income taxes according to federal or state law;
deleted text begin (xiv)deleted text end new text begin (xiii)new text end all child support payments for programs under chapters 119B, 256D, and
256I;
deleted text begin (xv)deleted text end new text begin (xiv)new text end the amount of child support received that exceeds $100 for assistance units
with one child and $200 for assistance units with two or more children for programs under
chapter 256J;
deleted text begin (xvi)deleted text end new text begin (xv)new text end spousal support; and
deleted text begin (xvii)deleted text end new text begin (xvi)new text end workers' compensation.
Sec. 10.
Minnesota Statutes 2022, section 256P.06, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Recipient engagement income. new text end
new text begin
Income received from lived-experience
engagement, as defined in section 256P.01, subdivision 5a, must not be counted as income
for purposes of determining or redetermining eligibility or benefits.
new text end
Sec. 11.
Minnesota Statutes 2022, section 609B.425, subdivision 2, is amended to read:
Subd. 2.
Benefit eligibility.
(a) new text begin For general assistance benefits and Minnesota
supplemental aid under chapter 256D, new text end a person convicted of a new text begin felony-level new text end drug offense
deleted text begin after July 1, 1997, is ineligible for general assistance benefits and Supplemental Security
Income under chapter 256D until:deleted text end new text begin during the previous ten years from the date of application
or recertification may be subject to random drug testing. The county must provide information
about substance use disorder treatment programs to a person who tests positive for an illegal
controlled substance.
new text end
deleted text begin
(1) five years after completing the terms of a court-ordered sentence; or
deleted text end
deleted text begin
(2) unless the person is participating in a drug treatment program, has successfully
completed a program, or has been determined not to be in need of a drug treatment program.
deleted text end
deleted text begin
(b) A person who becomes eligible for assistance under chapter 256D is subject to
random drug testing and shall lose eligibility for benefits for five years beginning the month
following:
deleted text end
deleted text begin
(1) any positive test for an illegal controlled substance; or
deleted text end
deleted text begin
(2) discharge of sentence for conviction of another drug felony.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Parole violators and fleeing felons are ineligible for benefits and persons
fraudulently misrepresenting eligibility are also ineligible to receive benefits for ten years.
Sec. 12.
Minnesota Statutes 2022, section 609B.435, subdivision 2, is amended to read:
Subd. 2.
Drug offenders; random testing; sanctions.
A person who is an applicant for
benefits from the Minnesota family investment program or MFIP, the vehicle for temporary
assistance for needy families or TANF, and who has been convicted of a new text begin felony-level new text end drug
offense deleted text begin shalldeleted text end new text begin maynew text end be subject to deleted text begin certain conditions, includingdeleted text end random drug testingdeleted text begin , in order
to receive MFIP benefitsdeleted text end . Following any positive test for a controlled substance, the deleted text begin convicted
applicant or participant is subject to the following sanctions:deleted text end new text begin county must provide information
about substance use disorder treatment programs to the applicant or participant.
new text end
deleted text begin
(1) a first time drug test failure results in a reduction of benefits in an amount equal to
30 percent of the MFIP standard of need; and
deleted text end
deleted text begin
(2) a second time drug test failure results in permanent disqualification from receiving
MFIP assistance.
deleted text end
deleted text begin
A similar disqualification sequence occurs if the applicant is receiving Supplemental Nutrition
Assistance Program (SNAP) benefits.
deleted text end
ARTICLE 6
HOUSING AND HOMELESSNESS
Section 1.
Minnesota Statutes 2022, section 145.4716, subdivision 3, is amended to read:
Subd. 3.
Youth eligible for services.
Youth 24 years of age or younger shall be eligible
for all services, support, and programs provided under this section and section 145.4717,
and all shelter, housing beds, and services provided by the commissioner of human services
to sexually exploited youth and youth at risk of sexual exploitationnew text begin under section 256K.47new text end .
Sec. 2.
Minnesota Statutes 2022, section 256I.04, subdivision 1, is amended to read:
Subdivision 1.
Individual eligibility requirements.
An individual is eligible for and
entitled to a housing support payment to be made on the individual's behalf if the agency
has approved the setting where the individual will receive housing support and the individual
meets the requirements in paragraph (a), (b), deleted text begin ordeleted text end (c)new text begin , or (d)new text end .
(a) The individual is aged, blind, or is over 18 years of age with a disability as determined
under the criteria used by the title II program of the Social Security Act, and meets the
resource restrictions and standards of section 256P.02, and the individual's countable income
after deducting the (1) exclusions and disregards of the SSI program, (2) the medical
assistance personal needs allowance under section 256B.35, and (3) an amount equal to the
income actually made available to a community spouse by an elderly waiver participant
under the provisions of sections 256B.0575, paragraph (a), clause (4), and 256B.058,
subdivision 2, is less than the monthly rate specified in the agency's agreement with the
provider of housing support in which the individual resides.
(b) The individual meets a category of eligibility under section 256D.05, subdivision 1,
paragraph (a), clauses (1), (3), (4) to (8), and (13), and paragraph (b), if applicable, and the
individual's resources are less than the standards specified by section 256P.02, and the
individual's countable income as determined under section 256P.06, less the medical
assistance personal needs allowance under section 256B.35 is less than the monthly rate
specified in the agency's agreement with the provider of housing support in which the
individual resides.
(c) The individual lacks a fixed, adequate, nighttime residence upon discharge from a
residential behavioral health treatment program, as determined by treatment staff from the
residential behavioral health treatment program. An individual is eligible under this paragraph
for up to three months, including a full or partial month from the individual's move-in date
at a setting approved for housing support following discharge from treatment, plus two full
months.
new text begin
(d) The individual meets the criteria related to establishing a certified disability or
disabling condition in paragraph (a) or (b) and lacks a fixed, adequate, nighttime residence
upon discharge from a correctional facility, as determined by an authorized representative
from a Minnesota-based correctional facility. An individual is eligible under this paragraph
for up to three months, including a full or partial month from the individual's move-in date
at a setting approved for housing support following release, plus two full months. People
who meet the disabling condition criteria established in paragraph (a) or (b) will not have
any countable income for the duration of eligibility under this paragraph.
new text end
Sec. 3.
Minnesota Statutes 2022, section 256K.45, subdivision 3, is amended to read:
Subd. 3.
Street and community outreach and drop-in program.
Youth drop-in centers
must provide walk-in access to crisis intervention and ongoing supportive services including
one-to-one case management services on a self-referral basis. Street and community outreach
programs must locate, contact, and provide information, referrals, and services to homeless
youth, youth at risk of homelessness, and runaways. Information, referrals, and services
provided may include, but are not limited to:
(1) family reunification services;
(2) conflict resolution or mediation counseling;
(3) assistance in obtaining temporary emergency shelter;
(4) assistance in obtaining food, clothing, medical care, or mental health counseling;
(5) counseling regarding violence, sexual exploitation, substance abuse, sexually
transmitted diseases, and pregnancy;
(6) referrals to other agencies that provide support services to homeless youth, youth at
risk of homelessness, and runaways;
(7) assistance with education, employment, and independent living skills;
(8) aftercare services;
(9) specialized services for highly vulnerable runaways and homeless youth, including
deleted text begin teendeleted text end new text begin but not limited to youth at risk of discrimination based on sexual orientation or gender
identity, youngnew text end parents, emotionally disturbed and mentally ill youth, and sexually exploited
youth; and
(10) homelessness prevention.
Sec. 4.
Minnesota Statutes 2022, section 256K.45, subdivision 7, is amended to read:
Subd. 7.
Provider repair or improvement grants.
(a) Providers that serve homeless
youth deleted text begin under this sectiondeleted text end may apply for a grant of up to deleted text begin $200,000deleted text end new text begin $500,000new text end under this
subdivision to make minor or mechanical repairs or improvements to a facility providing
services to homeless youth or youth at risk of homelessness.
(b) Grant applications under this subdivision must include a description of the repairs
or improvements and the estimated cost of the repairs or improvements.
deleted text begin
(c) Grantees under this subdivision cannot receive grant funds under this subdivision
for two consecutive years.
deleted text end
Sec. 5.
new text begin
[256K.47] SAFE HARBOR SHELTER AND HOUSING GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Grant program established. new text end
new text begin
The commissioner of human services shall
establish the safe harbor shelter and housing grant program and award grants to providers
who are committed to serving sexually exploited youth and youth at risk of sexual
exploitation. The grant program is to provide street and community outreach programs,
emergency shelter programs, and supportive housing programs, consistent with the program
descriptions in this section in order to address the specialized outreach, shelter, and housing
needs of sexually exploited youth and youth at risk of sexual exploitation.
new text end
new text begin Subd. 2. new text end
new text begin Youth eligible for services. new text end
new text begin
Youth 24 years of age or younger shall be eligible
for all shelter, housing beds, and services provided under this section and all services,
support, and programs provided by the commissioner of health to sexually exploited youth
and youth at risk of sexual exploitation under sections 145.4716 and 145.4717.
new text end
new text begin Subd. 3. new text end
new text begin Street and community outreach. new text end
new text begin
Street and community outreach programs
receiving grants under this section must locate, contact, and provide information, referrals,
and services to eligible youth. Information, referrals, and services provided by street and
community outreach programs may include but are not limited to:
new text end
new text begin
(1) family reunification services;
new text end
new text begin
(2) conflict resolution or mediation counseling;
new text end
new text begin
(3) assistance in obtaining temporary emergency shelter;
new text end
new text begin
(4) assistance in obtaining food, clothing, medical care, or mental health counseling;
new text end
new text begin
(5) counseling regarding violence, sexual exploitation, substance use, sexually transmitted
infections, and pregnancy;
new text end
new text begin
(6) referrals to other agencies that provide support services to sexually exploited youth
and youth at risk of sexual exploitation;
new text end
new text begin
(7) assistance with education, employment, and independent living skills;
new text end
new text begin
(8) aftercare services;
new text end
new text begin
(9) specialized services for sexually exploited youth and youth at risk of sexual
exploitation, including youth experiencing homelessness and youth with mental health
needs; and
new text end
new text begin
(10) services to address the prevention of sexual exploitation and homelessness.
new text end
new text begin Subd. 4. new text end
new text begin Emergency shelter program. new text end
new text begin
(a) Emergency shelter programs must provide
eligible youth with referral and walk-in access to emergency, short-term residential care.
The program shall provide eligible youth with safe, dignified shelter, including private
shower facilities, beds, and meals each day; and shall assist eligible youth with reunification
with the family or legal guardian when required or appropriate.
new text end
new text begin
(b) The services provided at emergency shelters may include but are not limited to:
new text end
new text begin
(1) specialized services to address the trauma of sexual exploitation;
new text end
new text begin
(2) family reunification services;
new text end
new text begin
(3) individual, family, and group counseling;
new text end
new text begin
(4) assistance obtaining clothing;
new text end
new text begin
(5) access to medical and dental care and mental health counseling;
new text end
new text begin
(6) counseling regarding violence, sexual exploitation, substance use, sexually transmitted
infections, and pregnancy;
new text end
new text begin
(7) education and employment services;
new text end
new text begin
(8) recreational activities;
new text end
new text begin
(9) advocacy and referral services;
new text end
new text begin
(10) independent living skills training;
new text end
new text begin
(11) aftercare and follow-up services;
new text end
new text begin
(12) transportation; and
new text end
new text begin
(13) services to address the prevention of sexual exploitation and homelessness.
new text end
new text begin Subd. 5. new text end
new text begin Supportive housing programs. new text end
new text begin
Supportive housing programs must help eligible
youth find and maintain safe, dignified housing and provide related supportive services and
referrals. The program may also provide rental assistance. Services provided in supportive
housing programs may include but are not limited to:
new text end
new text begin
(1) specialized services to address the trauma of sexual exploitation;
new text end
new text begin
(2) education and employment services;
new text end
new text begin
(3) budgeting and money management;
new text end
new text begin
(4) assistance in securing housing appropriate to needs and income;
new text end
new text begin
(5) counseling regarding violence, sexual exploitation, substance use, sexually transmitted
infections, and pregnancy;
new text end
new text begin
(6) referral for medical services or chemical dependency treatment;
new text end
new text begin
(7) parenting skills;
new text end
new text begin
(8) self-sufficiency support services and independent living skills training;
new text end
new text begin
(9) aftercare and follow-up services; and
new text end
new text begin
(10) services to address the prevention of sexual exploitation and homelessness
prevention.
new text end
new text begin Subd. 6. new text end
new text begin Funding. new text end
new text begin
Funds appropriated for this section may be expended on programs
described under subdivisions 3 to 5, technical assistance, and capacity building to meet the
greatest need on a statewide basis.
new text end
Sec. 6.
Laws 2021, First Special Session chapter 7, article 17, section 5, subdivision 1, is
amended to read:
Subdivision 1.
Housing transition cost.
(a) This act includes $682,000 in fiscal year
2022 and $1,637,000 in fiscal year 2023 for a onetime payment per transition of up to $3,000
to cover costs associated with moving to a community setting that are not covered by other
sources. Covered costs include: (1) lease or rent deposits; (2) security deposits; (3) utilities
setup costs, including telephone and Internet services; and (4) essential furnishings and
supplies. The commissioner of human services shall seek an amendment to the medical
assistance state plan to allow for these payments as a housing stabilization service under
Minnesota Statutes, section 256B.051. The general fund base in this act for this purpose is
$1,227,000 in fiscal year 2024 and $0 in fiscal year 2025.
deleted text begin
(b) This subdivision expires March 31, 2024.
deleted text end
new text begin
(b) An individual is only eligible for a housing transition cost payment if the individual
is moving from an institution or provider-controlled setting into their own home.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon federal approval.
new text end
Sec. 7. new text begin HOUSING STABILIZATION SERVICES INFLATIONARY ADJUSTMENT.
new text end
new text begin
The commissioner of human services shall seek federal approval to apply biennial
inflationary updates to housing stabilization services rates based on the consumer price
index. Beginning January 1, 2024, the commissioner must update rates using the most
recently available data from the consumer price index.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024, or upon federal approval,
whichever is later. The commissioner shall notify the revisor of statutes when federal
approval is obtained.
new text end
ARTICLE 7
BEHAVIORAL HEALTH
Section 1.
Minnesota Statutes 2022, section 245.4889, subdivision 1, is amended to read:
Subdivision 1.
Establishment and authority.
(a) The commissioner is authorized to
make grants from available appropriations to assist:
(1) counties;
(2) Indian tribes;
(3) children's collaboratives under section 124D.23 or 245.493; or
(4) mental health service providers.
(b) The following services are eligible for grants under this section:
(1) services to children with emotional disturbances as defined in section 245.4871,
subdivision 15, and their families;
(2) transition services under section 245.4875, subdivision 8, for young adults under
age 21 and their families;
(3) respite care services for children with emotional disturbances or severe emotional
disturbances who are at risk of out-of-home placement or already in out-of-home placement
in family foster settings as defined in chapter 245A and at risk of change in out-of-home
placement or placement in a residential facility or other higher level of care. Allowable
activities and expenses for respite care services are defined under subdivision 4. A child is
not required to have case management services to receive respite care services;
(4) children's mental health crisis services;
(5) mental health services for people from cultural and ethnic minorities, including
supervision of clinical trainees who are Black, indigenous, or people of color;
(6) children's mental health screening and follow-up diagnostic assessment and treatment;
(7) services to promote and develop the capacity of providers to use evidence-based
practices in providing children's mental health services;
(8) school-linked mental health services under section 245.4901;
(9) building evidence-based mental health intervention capacity for children birth to age
five;
(10) suicide prevention and counseling services that use text messaging statewide;
(11) mental health first aid training;
(12) training for parents, collaborative partners, and mental health providers on the
impact of adverse childhood experiences and trauma and development of an interactive
website to share information and strategies to promote resilience and prevent trauma;
(13) transition age services to develop or expand mental health treatment and supports
for adolescents and young adults 26 years of age or younger;
(14) early childhood mental health consultation;
(15) evidence-based interventions for youth at risk of developing or experiencing a first
episode of psychosis, and a public awareness campaign on the signs and symptoms of
psychosis;
(16) psychiatric consultation for primary care practitioners; and
(17) providers to begin operations and meet program requirements when establishing a
new children's mental health programdeleted text begin . These may be start-up grantsdeleted text end new text begin , including start-up
grants; andnew text end .
new text begin
(18) evidence-informed interventions for youth and young adults who are at risk of
developing a mood disorder or are experiencing an emerging mood disorder including major
depression and bipolar disorders and a public awareness campaign on the signs and symptoms
of mood disorders in youth and young adults
new text end
(c) Services under paragraph (b) must be designed to help each child to function and
remain with the child's family in the community and delivered consistent with the child's
treatment plan. Transition services to eligible young adults under this paragraph must be
designed to foster independent living in the community.
(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party
reimbursement sources, if applicable.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 2.
new text begin
[245.4904] EMERGING MOOD DISORDER GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
(a) The emerging mood disorder grant program is established
in the Department of Human Services to fund:
new text end
new text begin
(1) evidence-informed interventions for youth and young adults who are at risk of
developing a mood disorder or are experiencing an emerging mood disorder, including
major depression and bipolar disorders; and
new text end
new text begin
(2) a public awareness campaign on the signs and symptoms of mood disorders in youth
and young adults.
new text end
new text begin
(b) Emerging mood disorder services are eligible for children's mental health grants as
specified in section 245.4889, subdivision 1, paragraph (b), clause (18).
new text end
new text begin Subd. 2. new text end
new text begin Activities. new text end
new text begin
(a) All emerging mood disorder grant program recipients must:
new text end
new text begin
(1) provide intensive treatment and support to adolescents and young adults experiencing
or at risk of experiencing an emerging mood disorder. Intensive treatment and support
includes medication management, psychoeducation for the individual and the individual's
family, case management, employment support, education support, cognitive behavioral
approaches, social skills training, peer support, crisis planning, and stress management;
new text end
new text begin
(2) conduct outreach and provide training and guidance to mental health and health care
professionals, including postsecondary health clinicians, on early symptoms of mood
disorders, screening tools, and best practices;
new text end
new text begin
(3) ensure access for individuals to emerging mood disorder services under this section,
including ensuring access for individuals who live in rural areas; and
new text end
new text begin
(4) use all available funding streams.
new text end
new text begin
(b) Grant money may also be used to pay for housing or travel expenses for individuals
receiving services or to address other barriers preventing individuals and their families from
participating in emerging mood disorder services.
new text end
new text begin
(c) Grant money may be used by the grantee to evaluate the efficacy of providing
intensive services and supports to people with emerging mood disorders.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
Program activities must be provided to youth and young adults with
early signs of an emerging mood disorder.
new text end
new text begin Subd. 4. new text end
new text begin Outcomes. new text end
new text begin
Evaluation of program activities must utilize evidence-based
practices and must include the following outcome evaluation criteria:
new text end
new text begin
(1) whether individuals experience a reduction in mood disorder symptoms; and
new text end
new text begin
(2) whether individuals experience a decrease in inpatient mental health hospitalizations.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 3.
Minnesota Statutes 2022, section 254B.02, subdivision 5, is amended to read:
Subd. 5.
deleted text begin Administrative adjustmentdeleted text end new text begin Local agency allocationnew text end .
The commissioner may
make payments to local agencies from money allocated under this section to support
deleted text begin administrative activities under sections 254B.03 and 254B.04deleted text end new text begin individuals with substance
use disordersnew text end . The deleted text begin administrativedeleted text end payment must not deleted text begin exceed the lesser of: (1) five percent
of the first $50,000, four percent of the next $50,000, and three percent of the remaining
payments for services from the special revenue account according to subdivision 1; or (2)deleted text end new text begin
be less than 133 percent ofnew text end the local agency deleted text begin administrativedeleted text end payment for the fiscal year ending
June 30, 2009, adjusted in proportion to the statewide change in the appropriation for this
chapter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2022, section 254B.05, subdivision 1, is amended to read:
Subdivision 1.
Licensure required.
(a) Programs licensed by the commissioner are
eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors,
notwithstanding the provisions of section 245A.03. American Indian programs that provide
substance use disorder treatment, extended care, transitional residence, or outpatient treatment
services, and are licensed by tribal government are eligible vendors.
(b) A licensed professional in private practice as defined in section 245G.01, subdivision
17, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
vendor of a comprehensive assessment and assessment summary provided according to
section 245G.05, and treatment services provided according to sections 245G.06 and
245G.07, subdivision 1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses
(1) to (6).
(c) A county is an eligible vendor for a comprehensive assessment and assessment
summary when provided by an individual who meets the staffing credentials of section
245G.11, subdivisions 1 and 5, and completed according to the requirements of section
245G.05. A county is an eligible vendor of care coordination services when provided by an
individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and
provided according to the requirements of section 245G.07, subdivision 1, paragraph (a),
clause (5).
(d) A recovery community organization that meets certification requirements identified
by the commissioner is an eligible vendor of peer support services.
(e) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, are not eligible vendors. Programs that are not licensed as a residential or
nonresidential substance use disorder treatment or withdrawal management program by the
commissioner or by tribal government or do not meet the requirements of subdivisions 1a
and 1b are not eligible vendors.
new text begin
(f) Hospitals, federally qualified health centers and rural health clinics are eligible vendors
of a comprehensive assessment when completed according to section 245G.05 and by an
individual who meets the criteria of an alcohol and drug counselor according to section
245G.11, subdivision 5. The alcohol and drug counselor must be individually enrolled with
the commissioner and reported on the claim as the individual who provided the service.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
new text end
Sec. 5.
Minnesota Statutes 2022, section 256B.0638, subdivision 1, is amended to read:
Subdivision 1.
Program established.
The commissioner of human services, in
conjunction with the commissioner of health, shall coordinate and implement an opioid
prescribing improvement program to reduce opioid dependency and substance use by
Minnesotans due to the prescribing of opioid analgesics by health care providersnew text begin and to
support patient-centered, compassionate care for Minnesotans who require treatment with
opioid analgesicsnew text end .
Sec. 6.
Minnesota Statutes 2022, section 256B.0638, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) For purposes of this section, the terms defined in this subdivision
have the meanings given them.
(b) "Commissioner" means the commissioner of human services.
(c) "Commissioners" means the commissioner of human services and the commissioner
of health.
(d) "DEA" means the United States Drug Enforcement Administration.
(e) "Minnesota health care program" means a public health care program administered
by the commissioner of human services under this chapter and chapter 256L, and the
Minnesota restricted recipient program.
(f) "Opioid deleted text begin disenrollmentdeleted text end new text begin sanctionnew text end standards" means deleted text begin parametersdeleted text end new text begin clinical indicators
defined by the Opioid Prescribing Work Groupnew text end of opioid prescribing practices that fall
outside community standard thresholds for prescribing to such a degree that a provider deleted text begin must
be disenrolleddeleted text end new text begin may be subject to sanctions under section 256B.064new text end as a deleted text begin medical assistancedeleted text end new text begin
Minnesota health care programnew text end provider.
(g) "Opioid prescriber" means a licensed health care provider who prescribes opioids to
deleted text begin medical assistancedeleted text end new text begin Minnesota health care programnew text end and MinnesotaCare enrollees under the
fee-for-service system or under a managed care or county-based purchasing plan.
(h) "Opioid quality improvement standard thresholds" means parameters of opioid
prescribing practices that fall outside community standards for prescribing to such a degree
that quality improvement is required.
(i) "Program" means the statewide opioid prescribing improvement program established
under this section.
(j) "Provider group" means a clinic, hospital, or primary or specialty practice group that
employs, contracts with, or is affiliated with an opioid prescriber. Provider group does not
include a professional association supported by dues-paying members.
(k) "Sentinel measures" means measures of opioid use that identify variations in
prescribing practices during the prescribing intervals.
Sec. 7.
Minnesota Statutes 2022, section 256B.0638, subdivision 4, is amended to read:
Subd. 4.
Program components.
(a) The working group shall recommend to the
commissioners the components of the statewide opioid prescribing improvement program,
including, but not limited to, the following:
(1) developing criteria for opioid prescribing protocols, including:
(i) prescribing for the interval of up to four days immediately after an acute painful
event;
(ii) prescribing for the interval of up to 45 days after an acute painful event; and
(iii) prescribing for chronic pain, which for purposes of this program means pain lasting
longer than 45 days after an acute painful event;
(2) developing sentinel measures;
(3) developing educational resources for opioid prescribers about communicating with
patients about pain management and the use of opioids to treat pain;
(4) developing opioid quality improvement standard thresholds and opioid deleted text begin disenrollmentdeleted text end
standards for opioid prescribers and provider groupsdeleted text begin . In developing opioid disenrollment
standards, the standards may be described in terms of the length of time in which prescribing
practices fall outside community standards and the nature and amount of opioid prescribing
that fall outside community standardsdeleted text end ; and
(5) addressing other program issues as determined by the commissioners.
(b) The opioid prescribing protocols shall not apply to opioids prescribed for patients
who are experiencing pain caused by a malignant condition or who are receiving hospice
carenew text begin or palliative carenew text end , or to opioids prescribed for substance use disorder treatment with
medications for opioid use disorder.
(c) All opioid prescribers who prescribe opioids to Minnesota health care program
enrollees must participate in the program in accordance with subdivision 5. Any other
prescriber who prescribes opioids may comply with the components of this program described
in paragraph (a) on a voluntary basis.
Sec. 8.
Minnesota Statutes 2022, section 256B.0638, subdivision 5, is amended to read:
Subd. 5.
Program implementation.
(a) The commissioner shall implement the deleted text begin programs
within the Minnesota health caredeleted text end new text begin quality improvementnew text end program to improve the health of
and quality of care provided to Minnesota health care program enrollees. new text begin The program must
be designed to support patient-centered care consistent with community standards of care.
The program must discourage unsafe tapering practices and patient abandonment by
providers. new text end The commissioner shall annually collect and report to provider groups the sentinel
measures of data showing individual opioid prescribers' opioid prescribing patterns compared
to their anonymized peers. Provider groups shall distribute data to their affiliated, contracted,
or employed opioid prescribers.
(b) The commissioner shall notify an opioid prescriber and all provider groups with
which the opioid prescriber is employed or affiliated when the opioid prescriber's prescribing
pattern exceeds the opioid quality improvement standard thresholds. An opioid prescriber
and any provider group that receives a notice under this paragraph shall submit to the
commissioner a quality improvement plan for review and approval by the commissioner
with the goal of bringing the opioid prescriber's prescribing practices into alignment with
community standards. A quality improvement plan must include:
(1) components of the program described in subdivision 4, paragraph (a);
(2) internal practice-based measures to review the prescribing practice of the opioid
prescriber and, where appropriate, any other opioid prescribers employed by or affiliated
with any of the provider groups with which the opioid prescriber is employed or affiliated;
and
(3) deleted text begin appropriate use of the prescription monitoring program under section 152.126deleted text end new text begin
demonstration of patient-centered care consistent with community standards of carenew text end .
(c) If, after a year from the commissioner's notice under paragraph (b), the opioid
prescriber's prescribing practicesnew text begin for treatment of acute or postacute painnew text end do not improve
so that they are consistent with community standards, the commissioner deleted text begin shalldeleted text end new text begin maynew text end take one
or more of the following steps:
(1) new text begin require the prescriber, the provider group, or both, to new text end monitor prescribing practices
more frequently than annually;
(2) monitor more aspects of the opioid prescriber's prescribing practices than the sentinel
measures; or
(3) require the opioid prescriber to participate in additional quality improvement effortsdeleted text begin ,
including but not limited to mandatory use of the prescription monitoring program established
under section 152.126deleted text end .
new text begin
(d) Prescribers treating patients who are on chronic, high doses of opioids must meet
community standards of care, including performing regular assessments and addressing
unwarranted risks of opioid prescribing, but are not required to show measurable changes
in chronic pain prescribing thresholds within a certain period.
new text end
new text begin
(e) The commissioner shall dismiss a prescriber from participating in the opioid
prescribing quality improvement program when the prescriber demonstrates that the
prescriber's practices are patient-centered and reflect community standards for safe and
compassionate treatment of patients experiencing pain.
new text end
deleted text begin (d)deleted text end new text begin (f)new text end The commissioner deleted text begin shall terminate from Minnesota health care programsdeleted text end new text begin may
investigate for possible sanctions under section 256B.064new text end all opioid prescribers and provider
groups whose prescribing practices fall within the applicable opioid deleted text begin disenrollmentdeleted text end new text begin sanctionnew text end
standards.
(e) No physician, advanced practice registered nurse, or physician assistant, acting in
good faith based on the needs of the patient, may be disenrolled by the commissioner of
human services solely for prescribing a dosage that equates to an upward deviation from
morphine milligram equivalent dosage recommendations specified in state or federal opioid
prescribing guidelines or policies, or quality improvement thresholds established under this
section.
Sec. 9.
Minnesota Statutes 2022, section 256B.0638, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Sanction standards. new text end
new text begin
(a) Providers enrolled in medical assistance under section
256B.04, subdivision 21, providing services to persons enrolled in medical assistance or
MinnesotaCare may be subject to sanctions under section 256B.064 for the following
practices:
new text end
new text begin
(1) discontinuing, either abruptly or in the form of a rapid taper, chronic opioid analgesic
therapy from daily doses greater or equal to 50 morphine milligram equivalents a day without
providing patient support. Discontinuing without providing patient support includes failing
to:
new text end
new text begin
(i) document and communicate to the patient a clinical rationale for the opioid
discontinuation and for the taper plan or speed;
new text end
new text begin
(ii) ascertain pregnancy status in women of childbearing age prior to beginning the
discontinuation;
new text end
new text begin
(iii) provide adequate follow-up care to the patient during the opioid discontinuation;
new text end
new text begin
(iv) document a safety and pain management plan prior to or during the discontinuation;
new text end
new text begin
(v) respond promptly and appropriately to patient-expressed psychological distress,
including but not limited to suicidal ideation;
new text end
new text begin
(vi) assess the patient for active, moderate to severe substance use disorder, including
but not limited to opioid use disorder, and refer or treat the patient as appropriate; or
new text end
new text begin
(vii) document and address patient harm when it arises. This includes but is not limited
to known harms reported by the patient, harms evident in a clinical evaluation, or harms
that should have been known through adequate chart review;
new text end
new text begin
(2) continuing chronic opioid analgesic therapy without a safety plan when specific red
flags for opioid use disorder are present. Failure to develop a safety plan includes but is not
limited to failing to:
new text end
new text begin
(i) document and address risks related to the condition or patterns of behavior and the
potential health consequences that an undiagnosed or untreated opioid use disorder poses
to the patient;
new text end
new text begin
(ii) pursue a diagnosis when an opioid use disorder is suspected;
new text end
new text begin
(iii) include a clear explanation of the safety plan in the patient's health record and
evidence that the plan was communicated to the patient; and
new text end
new text begin
(iv) document the clinical rationale for continuing therapy despite the presence of red
flags. Red flags for opioid use disorder that require provider response under this section
include:
new text end
new text begin
(A) a history of overdose known to the prescriber or evident from the patient's medical
record in the past 12 months;
new text end
new text begin
(B) a history of an episode of opioid withdrawal that is not otherwise explained and is
known to the prescriber or evident from the patient's medical record in the past 12 months;
new text end
new text begin
(C) a known history of opioid use disorder. If the opioid use disorder is moderate to
severe and the diagnosis was made within the past 12 months, a higher degree of
consideration must be included in the safety plan;
new text end
new text begin
(D) a history of opioid use resulting in neglect of other aspects of the patient's health
that may result in serious harm known to the prescriber or evident from the patient's medical
record in the past 12 months;
new text end
new text begin
(E) an active alcohol use disorder. If the alcohol use disorder is moderate to severe, a
higher degree of consideration must be included in the safety plan;
new text end
new text begin
(F) a close personal contact of the patient expressing credible concern about the practice
of use or safety of the patient indicating imminent harm to the patient or an opioid use
disorder diagnosis;
new text end
new text begin
(G) a pattern of deceptive actions by the patient to obtain opioid prescriptions. Deceptive
actions may include but are not limited to forging prescriptions, tampering with prescriptions,
and falsely reporting to medical staff with the intent of obtaining or protecting an opioid
supply;
new text end
new text begin
(H) a pattern of behavior by the patient that is indicative of loss of control or continued
opioid use despite harm. Behaviors indicating a loss of control or continued use include but
are not limited to a pattern of recurrent lost prescriptions, patient requests to increase dosage
that are not supported by clinical reasoning, and a pattern of early refill requests without a
change in clinical condition;
new text end
new text begin
(3) prescribing greater than 400 morphine milligram equivalents per day without
assessment of the risk for opioid-induced respiratory depression, without responding to
evidence of opioid-related harm, and without mitigating the risk of opioid-induced respiratory
depression. Failure to address risk of opioid-related harm includes but is not limited to
failure to:
new text end
new text begin
(i) assess and document the diagnosis or diagnoses to be managed with chronic opioid
analgesic therapy;
new text end
new text begin
(ii) assess and document comorbid health conditions that may impact the safety of opioid
therapy;
new text end
new text begin
(iii) screen and document a patient-specific, opioid-related risk benefit analysis;
new text end
new text begin
(iv) respond to evidence of harm within the patient's medical record. Evidence of harm
includes but is not limited to opioid-related falls, nonfatal overdoses, and appearing sedated
or with respiratory compromise at clinical visits;
new text end
new text begin
(v) document clinical decision making if dosage is increased;
new text end
new text begin
(vi) document discussion of an opioid taper with the patient on at least an annual basis;
and
new text end
new text begin
(vii) evaluate the patient in person at least every three months or failing to assess for
diversion;
new text end
new text begin
(4) continuing chronic opioid analgesic therapy at the same dosage without a safety plan
when risk factors for serious opioid-induced respiratory depression are present. Failing to
develop a safety plan includes failing to document the risk factor as a risk of opioid-induced
respiratory depression in the patient's health record and failing to document a clear safety
plan in the patient's health record that addresses actions to reduce the risk for serious
opioid-induced respiratory depression. Risk factors for serious opioid-induced respiratory
depression include but are not limited to:
new text end
new text begin
(i) an active or symptomatic and untreated substance use disorder;
new text end
new text begin
(ii) a serious mental health condition, including symptomatic, untreated mania;
symptomatic, untreated psychosis; and symptomatic, untreated suicidality;
new text end
new text begin
(iii) an emergency department visit with a life-threatening opioid complication in the
last 12 months;
new text end
new text begin
(iv) a pattern of inconsistent urine toxicology results, excluding the presence of
cannabinoids; however, addressing an inconsistent urine toxicology result must not result
in the overall worsening clinical status of the patient;
new text end
new text begin
(v) the concurrent prescribing of long-term benzodiazepine therapy to an individual on
chronic opioid analgesic therapy;
new text end
new text begin
(vi) a pulmonary disease with respiratory failure or hypoventilation; and
new text end
new text begin
(vii) a failure to select and dose opioids safely for patients with known renal insufficiency;
and
new text end
new text begin
(5) failing to participate in the Opioid Prescribing Improvement program for two
consecutive years.
new text end
Sec. 10.
Minnesota Statutes 2022, section 256B.064, subdivision 1a, is amended to read:
Subd. 1a.
Grounds for sanctions against vendors.
(a) The commissioner may impose
sanctions against a vendor of medical care for any of the following: (1) fraud, theft, or abuse
in connection with the provision of medical care to recipients of public assistance; (2) a
pattern of presentment of false or duplicate claims or claims for services not medically
necessary; (3) a pattern of making false statements of material facts for the purpose of
obtaining greater compensation than that to which the vendor is legally entitled; (4)
suspension or termination as a Medicare vendor; (5) refusal to grant the state agency access
during regular business hours to examine all records necessary to disclose the extent of
services provided to program recipients and appropriateness of claims for payment; (6)
failure to repay an overpayment or a fine finally established under this section; (7) failure
to correct errors in the maintenance of health service or financial records for which a fine
was imposed or after issuance of a warning by the commissioner; and (8) any reason for
which a vendor could be excluded from participation in the Medicare program under section
1128, 1128A, or 1866(b)(2) of the Social Security Act.
(b) The commissioner may impose sanctions against a pharmacy provider for failure to
respond to a cost of dispensing survey under section 256B.0625, subdivision 13e, paragraph
(h).
new text begin
(c) The commissioner may impose sanctions against a vendor for violations of the
sanction standards defined by the Opioid Prescribing Work Group for opioid prescribing
practices that fall outside community standard thresholds for prescribing.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 11.
Minnesota Statutes 2022, section 256B.0941, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Start-up and capacity-building grants. new text end
new text begin
(a) Start-up grants to prospective
psychiatric residential treatment facility sites may be used for:
new text end
new text begin
(1) administrative expenses;
new text end
new text begin
(2) consulting services;
new text end
new text begin
(3) Health Insurance Portability and Accountability Act of 1996 compliance;
new text end
new text begin
(4) therapeutic resources including evidence-based, culturally appropriate curriculums
and training programs for staff and clients;
new text end
new text begin
(5) allowable physical renovations to the property; and
new text end
new text begin
(6) emergency workforce shortage uses, as determined by the commissioner.
new text end
new text begin
(b) Start-up and capacity-building grants to prospective and current psychiatric residential
treatment facilities may be used to support providers who treat and accept individuals with
complex support needs, including but not limited to:
new text end
new text begin
(1) neurocognitive disorders;
new text end
new text begin
(2) co-occurring intellectual developmental disabilities;
new text end
new text begin
(3) schizophrenia spectrum disorders;
new text end
new text begin
(4) manifested or labeled aggressive behaviors; and
new text end
new text begin
(5) manifested sexually inappropriate behaviors.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 12. new text begin MOBILE RESPONSE AND STABILIZATION SERVICES PILOT.
new text end
new text begin
The commissioner shall establish a pilot to promote access to crisis response services
and reduce psychiatric hospitalizations and out-of-home placement services for children,
youth, and families. The pilot will incorporate a two-pronged approach to provide an
immediate, in-person response within 60 minutes of crisis as well as extended, longer-term
supports for the family unit. The pilot must aim to help families respond to children's
behavioral health crisis while bolstering resiliency and recovery within the family unit. The
commissioner must consult with a qualified expert entity to assist in the formulation of
measurable outcomes and explore and position the state to submit a Medicaid state plan
amendment to scale the model statewide.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 13. new text begin LOCAL AGENCY SUBSTANCE USE DISORDER ALLOCATION.
new text end
new text begin
The commissioner of human services shall evaluate the ongoing need for local agency
substance use disorder allocations under section 254B.02. The evaluation must include
recommendations on whether local agency allocations should continue, and if so, the
evaluation must recommend what the purpose of the allocations should be and propose an
updated allocation methodology that aligns with the purpose and person-centered outcomes
for people experiencing substance use disorders and behavioral health conditions. The
commissioner may contract with a vendor to support this evaluation through research and
actuarial analysis.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 8
HEALTH CARE
Section 1.
Minnesota Statutes 2022, section 62A.045, is amended to read:
62A.045 PAYMENTS ON BEHALF OF ENROLLEES IN GOVERNMENT
HEALTH PROGRAMS.
(a) As a condition of doing business in Minnesota or providing coverage to residents of
Minnesota covered by this section, each health insurer shall comply with the requirements
deleted text begin ofdeleted text end new text begin for health insurers undernew text end the federal Deficit Reduction Act of 2005, Public Law 109-171new text begin
and the federal Consolidated Appropriations Act of 2022, Public Law 117-103new text end , including
any federal regulations adopted under deleted text begin that actdeleted text end new text begin those actsnew text end , to the extent that deleted text begin it imposesdeleted text end new text begin they
imposenew text end a requirement that applies in this state and that is not also required by the laws of
this state. This section does not require compliance with any provision of the federal deleted text begin actdeleted text end new text begin
actsnew text end prior to the effective deleted text begin datedeleted text end new text begin datesnew text end provided for deleted text begin that provisiondeleted text end new text begin those provisions new text end in the
federal deleted text begin actdeleted text end new text begin actsnew text end . The commissioner shall enforce this section.
For the purpose of this section, "health insurer" includes self-insured plans, group health
plans (as defined in section 607(1) of the Employee Retirement Income Security Act of
1974), service benefit plans, managed care organizations, pharmacy benefit managers, or
other parties that are by contract legally responsible to pay a claim for a health-care item
or service for an individual receiving benefits under paragraph (b).
(b) No plan offered by a health insurer issued or renewed to provide coverage to a
Minnesota resident shall contain any provision denying or reducing benefits because services
are rendered to a person who is eligible for or receiving medical benefits pursuant to title
XIX of the Social Security Act (Medicaid) in this or any other state; chapter 256 or 256B;
or services pursuant to section 252.27; 256L.01 to 256L.10; 260B.331, subdivision 2;
260C.331, subdivision 2; or 393.07, subdivision 1 or 2. No health insurer providing benefits
under plans covered by this section shall use eligibility for medical programs named in this
section as an underwriting guideline or reason for nonacceptance of the risk.
(c) If payment for covered expenses has been made under state medical programs for
health care items or services provided to an individual, and a third party has a legal liability
to make payments, the rights of payment and appeal of an adverse coverage decision for
the individual, or in the case of a child their responsible relative or caretaker, will be
subrogated to the state agency. The state agency may assert its rights under this section
within three years of the date the service was rendered. For purposes of this section, "state
agency" includes prepaid health plans under contract with the commissioner according to
sections 256B.69 and 256L.12; children's mental health collaboratives under section 245.493;
demonstration projects for persons with disabilities under section 256B.77; nursing homes
under the alternative payment demonstration project under section 256B.434; and
county-based purchasing entities under section 256B.692.
(d) Notwithstanding any law to the contrary, when a person covered by a plan offered
by a health insurer receives medical benefits according to any statute listed in this section,
payment for covered services or notice of denial for services billed by the provider must be
issued directly to the provider. If a person was receiving medical benefits through the
Department of Human Services at the time a service was provided, the provider must indicate
this benefit coverage on any claim forms submitted by the provider to the health insurer for
those services. If the commissioner of human services notifies the health insurer that the
commissioner has made payments to the provider, payment for benefits or notices of denials
issued by the health insurer must be issued directly to the commissioner. Submission by the
department to the health insurer of the claim on a Department of Human Services claim
form is proper notice and shall be considered proof of payment of the claim to the provider
and supersedes any contract requirements of the health insurer relating to the form of
submission. Liability to the insured for coverage is satisfied to the extent that payments for
those benefits are made by the health insurer to the provider or the commissioner as required
by this section.
(e) When a state agency has acquired the rights of an individual eligible for medical
programs named in this section and has health benefits coverage through a health insurer,
the health insurer shall not impose requirements that are different from requirements
applicable to an agent or assignee of any other individual covered.
(f) A health insurer must process a clean claim made by a state agency for covered
expenses paid under state medical programs within 90 business days of the claim's
submission. A health insurer must process all other claims made by a state agency for
covered expenses paid under a state medical program within the timeline set forth in Code
of Federal Regulations, title 42, section 447.45(d)(4).
(g) A health insurer may request a refund of a claim paid in error to the Department of
Human Services within two years of the date the payment was made to the department. A
request for a refund shall not be honored by the department if the health insurer makes the
request after the time period has lapsed.
Sec. 2.
Minnesota Statutes 2022, section 62A.673, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) For purposes of this section, the terms defined in this subdivision
have the meanings given.
(b) "Distant site" means a site at which a health care provider is located while providing
health care services or consultations by means of telehealth.
(c) "Health care provider" means a health care professional who is licensed or registered
by the state to perform health care services within the provider's scope of practice and in
accordance with state law. A health care provider includes a mental health professional
under section 245I.04, subdivision 2; a mental health practitioner under section 245I.04,
subdivision 4; a clinical trainee under section 245I.04, subdivision 6; a treatment coordinator
under section 245G.11, subdivision 7; an alcohol and drug counselor under section 245G.11,
subdivision 5; and a recovery peer under section 245G.11, subdivision 8.
(d) "Health carrier" has the meaning given in section 62A.011, subdivision 2.
(e) "Health plan" has the meaning given in section 62A.011, subdivision 3. Health plan
includes dental plans as defined in section 62Q.76, subdivision 3, but does not include dental
plans that provide indemnity-based benefits, regardless of expenses incurred, and are designed
to pay benefits directly to the policy holder.
(f) "Originating site" means a site at which a patient is located at the time health care
services are provided to the patient by means of telehealth. For purposes of store-and-forward
technology, the originating site also means the location at which a health care provider
transfers or transmits information to the distant site.
(g) "Store-and-forward technology" means the asynchronous electronic transfer or
transmission of a patient's medical information or data from an originating site to a distant
site for the purposes of diagnostic and therapeutic assistance in the care of a patient.
(h) "Telehealth" means the delivery of health care services or consultations through the
use of real time two-way interactive audio and visual communications to provide or support
health care delivery and facilitate the assessment, diagnosis, consultation, treatment,
education, and care management of a patient's health care. Telehealth includes the application
of secure video conferencing, store-and-forward technology, and synchronous interactions
between a patient located at an originating site and a health care provider located at a distant
site. Until July 1, deleted text begin 2023deleted text end new text begin 2025new text end , telehealth also includes audio-only communication between
a health care provider and a patient in accordance with subdivision 6, paragraph (b).
Telehealth does not include communication between health care providers that consists
solely of a telephone conversation, email, or facsimile transmission. Telehealth does not
include communication between a health care provider and a patient that consists solely of
an email or facsimile transmission. Telehealth does not include telemonitoring services as
defined in paragraph (i).
(i) "Telemonitoring services" means the remote monitoring of clinical data related to
the enrollee's vital signs or biometric data by a monitoring device or equipment that transmits
the data electronically to a health care provider for analysis. Telemonitoring is intended to
collect an enrollee's health-related data for the purpose of assisting a health care provider
in assessing and monitoring the enrollee's medical condition or status.
Sec. 3.
Minnesota Statutes 2022, section 256.0471, subdivision 1, is amended to read:
Subdivision 1.
Qualifying overpayment.
Any overpayment for assistance granted under
chapter 119B, the MFIP program formerly codified under sections 256.031 to 256.0361,
and the AFDC program formerly codified under sections 256.72 to 256.871;new text begin section 256.045,
subdivision 10;new text end chapters 256B for state-funded medical assistance, 256D, 256I, 256J, 256K,
and 256L for state-funded MinnesotaCare; and the Supplemental Nutrition Assistance
Program (SNAP), except agency error claims, become a judgment by operation of law 90
days after the notice of overpayment is personally served upon the recipient in a manner
that is sufficient under rule 4.03(a) of the Rules of Civil Procedure for district courts, or by
certified mail, return receipt requested. This judgment shall be entitled to full faith and credit
in this and any other state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 256.969, subdivision 2b, is amended to read:
Subd. 2b.
Hospital payment rates.
(a) For discharges occurring on or after November
1, 2014, hospital inpatient services for hospitals located in Minnesota shall be paid according
to the following:
(1) critical access hospitals as defined by Medicare shall be paid using a cost-based
methodology;
(2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology
under subdivision 25;
(3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation
distinct parts as defined by Medicare shall be paid according to the methodology under
subdivision 12; and
(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.
(b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not
be rebased, except that a Minnesota long-term hospital shall be rebased effective January
1, 2011, based on its most recent Medicare cost report ending on or before September 1,
2008, with the provisions under subdivisions 9 and 23, based on the rates in effect on
December 31, 2010. For rate setting periods after November 1, 2014, in which the base
years are updated, a Minnesota long-term hospital's base year shall remain within the same
period as other hospitals.
(c) Effective for discharges occurring on and after November 1, 2014, payment rates
for hospital inpatient services provided by hospitals located in Minnesota or the local trade
area, except for the hospitals paid under the methodologies described in paragraph (a),
clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a
manner similar to Medicare. The base year or years for the rates effective November 1,
2014, shall be calendar year 2012. The rebasing under this paragraph shall be budget neutral,
ensuring that the total aggregate payments under the rebased system are equal to the total
aggregate payments that were made for the same number and types of services in the base
year. Separate budget neutrality calculations shall be determined for payments made to
critical access hospitals and payments made to hospitals paid under the DRG system. Only
the rate increases or decreases under subdivision 3a or 3c that applied to the hospitals being
rebased during the entire base period shall be incorporated into the budget neutrality
calculation.
(d) For discharges occurring on or after November 1, 2014, through the next rebasing
that occurs, the rebased rates under paragraph (c) that apply to hospitals under paragraph
(a), clause (4), shall include adjustments to the projected rates that result in no greater than
a five percent increase or decrease from the base year payments for any hospital. Any
adjustments to the rates made by the commissioner under this paragraph and paragraph (e)
shall maintain budget neutrality as described in paragraph (c).
(e) For discharges occurring on or after November 1, 2014, the commissioner may make
additional adjustments to the rebased rates, and when evaluating whether additional
adjustments should be made, the commissioner shall consider the impact of the rates on the
following:
(1) pediatric services;
(2) behavioral health services;
(3) trauma services as defined by the National Uniform Billing Committee;
(4) transplant services;
(5) obstetric services, newborn services, and behavioral health services provided by
hospitals outside the seven-county metropolitan area;
(6) outlier admissions;
(7) low-volume providers; and
(8) services provided by small rural hospitals that are not critical access hospitals.
(f) Hospital payment rates established under paragraph (c) must incorporate the following:
(1) for hospitals paid under the DRG methodology, the base year payment rate per
admission is standardized by the applicable Medicare wage index and adjusted by the
hospital's disproportionate population adjustment;
(2) for critical access hospitals, payment rates for discharges between November 1, 2014,
and June 30, 2015, shall be set to the same rate of payment that applied for discharges on
October 31, 2014;
(3) the cost and charge data used to establish hospital payment rates must only reflect
inpatient services covered by medical assistance; and
(4) in determining hospital payment rates for discharges occurring on or after the rate
year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per
discharge shall be based on the cost-finding methods and allowable costs of the Medicare
program in effect during the base year or years. In determining hospital payment rates for
discharges in subsequent base years, the per discharge rates shall be based on the cost-finding
methods and allowable costs of the Medicare program in effect during the base year or
years.
(g) The commissioner shall validate the rates effective November 1, 2014, by applying
the rates established under paragraph (c), and any adjustments made to the rates under
paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine whether the
total aggregate payments for the same number and types of services under the rebased rates
are equal to the total aggregate payments made during calendar year 2013.
(h) Effective for discharges occurring on or after July 1, 2017, and every two years
thereafter, payment rates under this section shall be rebased to reflect only those changes
in hospital costs between the existing base year or years and the next base year or years. In
any year that inpatient claims volume falls below the threshold required to ensure a
statistically valid sample of claims, the commissioner may combine claims data from two
consecutive years to serve as the base year. Years in which inpatient claims volume is
reduced or altered due to a pandemic or other public health emergency shall not be used as
a base year or part of a base year if the base year includes more than one year. Changes in
costs between base years shall be measured using the lower of the hospital cost index defined
in subdivision 1, paragraph (a), or the percentage change in the case mix adjusted cost per
claim. The commissioner shall establish the base year for each rebasing period considering
the most recent year or years for which filed Medicare cost reports are availablenew text begin , except
that the base years for the rebasing effective July 1, 2023, are calendar years 2018 and 2019new text end .
The estimated change in the average payment per hospital discharge resulting from a
scheduled rebasing must be calculated and made available to the legislature by January 15
of each year in which rebasing is scheduled to occur, and must include by hospital the
differential in payment rates compared to the individual hospital's costs.
(i) Effective for discharges occurring on or after July 1, 2015, inpatient payment rates
for critical access hospitals located in Minnesota or the local trade area shall be determined
using a new cost-based methodology. The commissioner shall establish within the
methodology tiers of payment designed to promote efficiency and cost-effectiveness.
Payment rates for hospitals under this paragraph shall be set at a level that does not exceed
the total cost for critical access hospitals as reflected in base year cost reports. Until the
next rebasing that occurs, the new methodology shall result in no greater than a five percent
decrease from the base year payments for any hospital, except a hospital that had payments
that were greater than 100 percent of the hospital's costs in the base year shall have their
rate set equal to 100 percent of costs in the base year. The rates paid for discharges on and
after July 1, 2016, covered under this paragraph shall be increased by the inflation factor
in subdivision 1, paragraph (a). The new cost-based rate shall be the final rate and shall not
be settled to actual incurred costs. Hospitals shall be assigned a payment tier based on the
following criteria:
(1) hospitals that had payments at or below 80 percent of their costs in the base year
shall have a rate set that equals 85 percent of their base year costs;
(2) hospitals that had payments that were above 80 percent, up to and including 90
percent of their costs in the base year shall have a rate set that equals 95 percent of their
base year costs; and
(3) hospitals that had payments that were above 90 percent of their costs in the base year
shall have a rate set that equals 100 percent of their base year costs.
(j) The commissioner may refine the payment tiers and criteria for critical access hospitals
to coincide with the next rebasing under paragraph (h). The factors used to develop the new
methodology may include, but are not limited to:
(1) the ratio between the hospital's costs for treating medical assistance patients and the
hospital's charges to the medical assistance program;
(2) the ratio between the hospital's costs for treating medical assistance patients and the
hospital's payments received from the medical assistance program for the care of medical
assistance patients;
(3) the ratio between the hospital's charges to the medical assistance program and the
hospital's payments received from the medical assistance program for the care of medical
assistance patients;
(4) the statewide average increases in the ratios identified in clauses (1), (2), and (3);
(5) the proportion of that hospital's costs that are administrative and trends in
administrative costs; and
(6) geographic location.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 5.
Minnesota Statutes 2022, section 256.969, subdivision 9, is amended to read:
Subd. 9.
Disproportionate numbers of low-income patients served.
(a) For admissions
occurring on or after July 1, 1993, the medical assistance disproportionate population
adjustment shall comply with federal law and shall be paid to a hospital, excluding regional
treatment centers and facilities of the federal Indian Health Service, with a medical assistance
inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined
as follows:
(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic
mean for all hospitals excluding regional treatment centers and facilities of the federal Indian
Health Service but less than or equal to one standard deviation above the mean, the
adjustment must be determined by multiplying the total of the operating and property
payment rates by the difference between the hospital's actual medical assistance inpatient
utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers
and facilities of the federal Indian Health Service; and
(2) for a hospital with a medical assistance inpatient utilization rate above one standard
deviation above the mean, the adjustment must be determined by multiplying the adjustment
that would be determined under clause (1) for that hospital by 1.1. The commissioner shall
report annually on the number of hospitals likely to receive the adjustment authorized by
this paragraph. The commissioner shall specifically report on the adjustments received by
public hospitals and public hospital corporations located in cities of the first class.
(b) Certified public expenditures made by Hennepin County Medical Center shall be
considered Medicaid disproportionate share hospital payments. Hennepin County and
Hennepin County Medical Center shall report by June 15, 2007, on payments made beginning
July 1, 2005, or another date specified by the commissioner, that may qualify for
reimbursement under federal law. Based on these reports, the commissioner shall apply for
federal matching funds.
(c) Upon federal approval of the related state plan amendment, paragraph (b) is effective
retroactively from July 1, 2005, or the earliest effective date approved by the Centers for
Medicare and Medicaid Services.
(d) Effective July 1, 2015, disproportionate share hospital (DSH) payments shall be paid
in accordance with a new methodology using 2012 as the base year. Annual payments made
under this paragraph shall equal the total amount of payments made for 2012. A licensed
children's hospital shall receive only a single DSH factor for children's hospitals. Other
DSH factors may be combined to arrive at a single factor for each hospital that is eligible
for DSH payments. The new methodology shall make payments only to hospitals located
in Minnesota and include the following factors:
(1) a licensed children's hospital with at least 1,000 fee-for-service discharges in the
base year shall receive a factor of 0.868. A licensed children's hospital with less than 1,000
fee-for-service discharges in the base year shall receive a factor of 0.7880;
(2) a hospital that has in effect for the initial rate year a contract with the commissioner
to provide extended psychiatric inpatient services under section 256.9693 shall receive a
factor of 0.0160;
(3) a hospital that has received medical assistance payment for at least 20 transplant
services in the base year shall receive a factor of 0.0435;
(4) a hospital that has a medical assistance utilization rate in the base year between 20
percent up to one standard deviation above the statewide mean utilization rate shall receive
a factor of 0.0468;
(5) a hospital that has a medical assistance utilization rate in the base year that is at least
one standard deviation above the statewide mean utilization rate but is less than two and
one-half standard deviations above the mean shall receive a factor of 0.2300; and
(6) a hospital that is a level one trauma center and that has a medical assistance utilization
rate in the base year that is at least two and deleted text begin one-halfdeleted text end new text begin one-quarternew text end standard deviations above
the statewide mean utilization rate shall receive a factor of 0.3711.
(e) For the purposes of determining eligibility for the disproportionate share hospital
factors in paragraph (d), clauses (1) to (6), the medical assistance utilization rate and
discharge thresholds shall be measured using only one year when a two-year base period
is used.
(f) Any payments or portion of payments made to a hospital under this subdivision that
are subsequently returned to the commissioner because the payments are found to exceed
the hospital-specific DSH limit for that hospital shall be redistributed, proportionate to the
number of fee-for-service discharges, to other DSH-eligible non-children's hospitals that
have a medical assistance utilization rate that is at least one standard deviation above the
mean.
(g) An additional payment adjustment shall be established by the commissioner under
this subdivision for a hospital that provides high levels of administering high-cost drugs to
enrollees in fee-for-service medical assistance. The commissioner shall consider factors
including fee-for-service medical assistance utilization rates and payments made for drugs
purchased through the 340B drug purchasing program and administered to fee-for-service
enrollees. If any part of this adjustment exceeds a hospital's hospital-specific disproportionate
share hospital limit, the commissioner shall make a payment to the hospital that equals the
nonfederal share of the amount that exceeds the limit. The total nonfederal share of the
amount of the payment adjustment under this paragraph shall not exceed $1,500,000.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 6.
Minnesota Statutes 2022, section 256.969, subdivision 25, is amended to read:
Subd. 25.
Long-term hospital rates.
(a) Long-term hospitals shall be paid on a per diem
basis.
(b) For admissions occurring on or after April 1, 1995, a long-term hospital as designated
by Medicare that does not have admissions in the base year shall have inpatient rates
established at the average of other hospitals with the same designation. For subsequent
rate-setting periods in which base years are updated, the hospital's base year shall be the
first Medicare cost report filed with the long-term hospital designation and shall remain in
effect until it falls within the same period as other hospitals.
new text begin
(c) For admissions occurring on or after July 1, 2023, long-term hospitals must be paid
the higher of a per diem amount computed using the methodology described in subdivision
2b, paragraph (i), or the per diem rate as of July 1, 2021.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 7.
Minnesota Statutes 2022, section 256B.055, subdivision 17, is amended to read:
Subd. 17.
Adults who were in foster care at the age of 18.
new text begin (a) new text end Medical assistance may
be paid for a person under 26 years of age who was in foster care under the commissioner's
responsibility on the date of attaining 18 years of age, and who was enrolled in medical
assistance under the state plan or a waiver of the plan while in foster care, in accordance
with section 2004 of the Affordable Care Act.
new text begin
(b) Beginning July 1, 2023, medical assistance may be paid for a person under 26 years
of age who was in foster care on the date of attaining 18 years of age and enrolled in another
state's Medicaid program while in foster care in accordance with the Substance Use-Disorder
Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities
Act of 2018. Public Law 115-271, section 1002.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 8.
Minnesota Statutes 2022, section 256B.056, subdivision 7, is amended to read:
Subd. 7.
Period of eligibility.
(a) Eligibility is available for the month of application
and for three months prior to application if the person was eligible in those prior months.
A redetermination of eligibility must occur every 12 months.
new text begin
(b) Notwithstanding any other law to the contrary:
new text end
new text begin
(1) a child under 21 years of age who is determined eligible for medical assistance must
remain eligible for a period of 12 months; and
new text end
new text begin
(2) a child under six years of age who is determined eligible for medical assistance must
remain eligible through the month in which the child reaches six years of age.
new text end
new text begin
(c) A child's eligibility under paragraph (b) may be terminated earlier if:
new text end
new text begin
(1) the child attains the maximum age;
new text end
new text begin
(2) the child or the child's representative requests voluntary termination of eligibility;
new text end
new text begin
(3) the child ceases to be a resident of the state;
new text end
new text begin
(4) the child dies; or
new text end
new text begin
(5) the agency determines eligibility was erroneously granted at the most recent eligibility
determination due to agency error or fraud, abuse, or perjury attributed to the child or the
child's representative.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end For a person eligible for an insurance affordability program as defined in section
256B.02, subdivision 19, who reports a change that makes the person eligible for medical
assistance, eligibility is available for the month the change was reported and for three months
prior to the month the change was reported, if the person was eligible in those prior months.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 9.
Minnesota Statutes 2022, section 256B.0625, subdivision 9, is amended to read:
Subd. 9.
Dental services.
(a) Medical assistance coversnew text begin medically necessarynew text end dental
services.
deleted text begin
(b) Medical assistance dental coverage for nonpregnant adults is limited to the following
services:
deleted text end
deleted text begin
(1) comprehensive exams, limited to once every five years;
deleted text end
deleted text begin
(2) periodic exams, limited to one per year;
deleted text end
deleted text begin
(3) limited exams;
deleted text end
deleted text begin
(4) bitewing x-rays, limited to one per year;
deleted text end
deleted text begin
(5) periapical x-rays;
deleted text end
deleted text begin
(6) panoramic x-rays, limited to one every five years except (1) when medically necessary
for the diagnosis and follow-up of oral and maxillofacial pathology and trauma or (2) once
every two years for patients who cannot cooperate for intraoral film due to a developmental
disability or medical condition that does not allow for intraoral film placement;
deleted text end
deleted text begin
(7) prophylaxis, limited to one per year;
deleted text end
deleted text begin
(8) application of fluoride varnish, limited to one per year;
deleted text end
deleted text begin
(9) posterior fillings, all at the amalgam rate;
deleted text end
deleted text begin
(10) anterior fillings;
deleted text end
deleted text begin
(11) endodontics, limited to root canals on the anterior and premolars only;
deleted text end
deleted text begin
(12) removable prostheses, each dental arch limited to one every six years;
deleted text end
deleted text begin
(13) oral surgery, limited to extractions, biopsies, and incision and drainage of abscesses;
deleted text end
deleted text begin
(14) palliative treatment and sedative fillings for relief of pain;
deleted text end
deleted text begin
(15) full-mouth debridement, limited to one every five years; and
deleted text end
deleted text begin
(16) nonsurgical treatment for periodontal disease, including scaling and root planing
once every two years for each quadrant, and routine periodontal maintenance procedures.
deleted text end
deleted text begin
(c) In addition to the services specified in paragraph (b), medical assistance covers the
following services for adults, if provided in an outpatient hospital setting or freestanding
ambulatory surgical center as part of outpatient dental surgery:
deleted text end
deleted text begin
(1) periodontics, limited to periodontal scaling and root planing once every two years;
deleted text end
deleted text begin
(2) general anesthesia; and
deleted text end
deleted text begin
(3) full-mouth survey once every five years.
deleted text end
deleted text begin (d) Medical assistance covers medically necessary dental services for children and
pregnant women.deleted text end new text begin (b)new text end The following guidelines applynew text begin to dental servicesnew text end :
(1) posterior fillings are paid at the amalgam rate;
(2) application of sealants are covered once every five years per permanent molar for
children only;
(3) application of fluoride varnish is covered once every six months; and
(4) orthodontia is eligible for coverage for children only.
deleted text begin (e)deleted text end new text begin (c)new text end In addition to the services specified in deleted text begin paragraphsdeleted text end new text begin paragraphnew text end (b) deleted text begin and (c)deleted text end , medical
assistance covers the following services deleted text begin for adultsdeleted text end :
(1) house calls or extended care facility calls for on-site delivery of covered services;
(2) behavioral management when additional staff time is required to accommodate
behavioral challenges and sedation is not used;
(3) oral or IV sedation, if the covered dental service cannot be performed safely without
it or would otherwise require the service to be performed under general anesthesia in a
hospital or surgical center; and
(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but
no more than four times per year.
deleted text begin (f)deleted text end new text begin (d)new text end The commissioner shall not require prior authorization for the services included
in paragraph deleted text begin (e)deleted text end new text begin (c)new text end , clauses (1) to (3), and shall prohibit managed care and county-based
purchasing plans from requiring prior authorization for the services included in paragraph
deleted text begin (e)deleted text end new text begin (c)new text end , clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 10.
Minnesota Statutes 2022, section 256B.0625, subdivision 13c, is amended to
read:
Subd. 13c.
Formulary Committee.
The commissioner, after receiving recommendations
from professional medical associations and professional pharmacy associations, and consumer
groups shall designate a Formulary Committee to carry out duties as described in subdivisions
13 to 13g. The Formulary Committee shall be comprised of new text begin at least new text end four licensed physicians
actively engaged in the practice of medicine in Minnesota, one of whom must be actively
engaged in the treatment of persons with mental illness; at least three licensed pharmacists
actively engaged in the practice of pharmacy in Minnesota; and deleted text begin onedeleted text end new text begin twonew text end consumer
deleted text begin representativedeleted text end new text begin representatives, one of which is a current or former medical assistance enrollee
or the parent or guardian of a current or former medical assistance enrolleenew text end ; the remainder
to be made up of health care professionals who are licensed in their field and have recognized
knowledge in the clinically appropriate prescribing, dispensing, and monitoring of covered
outpatient drugs. Members of the Formulary Committee shall not be employed by the
Department of Human Services, but the committee shall be staffed by an employee of the
department who shall serve as an ex officio, nonvoting member of the committee. The
department's medical director shall also serve as an ex officio, nonvoting member for the
committee. Committee members shall serve three-year terms and may be reappointed by
the commissioner. The Formulary Committee shall meet at least twice per year. The
commissioner may require more frequent Formulary Committee meetings as needed. An
honorarium of $100 per meeting and reimbursement for mileage shall be paid to each
committee member in attendance. new text begin Notwithstanding section 15.059, subdivision 6, new text end the
Formulary Committee deleted text begin expires June 30, 2023deleted text end new text begin does not expirenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2022, section 256B.0625, subdivision 13e, is amended to
read:
Subd. 13e.
Payment rates.
(a) The basis for determining the amount of payment shall
be the lower of the ingredient costs of the drugs plus the professional dispensing fee; or the
usual and customary price charged to the public. The usual and customary price means the
lowest price charged by the provider to a patient who pays for the prescription by cash,
check, or charge account and includes prices the pharmacy charges to a patient enrolled in
a prescription savings club or prescription discount club administered by the pharmacy or
pharmacy chain. The amount of payment basis must be reduced to reflect all discount
amounts applied to the charge by any third-party provider/insurer agreement or contract for
submitted charges to medical assistance programs. The net submitted charge may not be
greater than the patient liability for the service. The professional dispensing fee shall be
$10.77 for prescriptions filled with legend drugs meeting the definition of "covered outpatient
drugs" according to United States Code, title 42, section 1396r-8(k)(2). The dispensing fee
for intravenous solutions that must be compounded by the pharmacist shall be $10.77 per
claim. The professional dispensing fee for prescriptions filled with over-the-counter drugs
meeting the definition of covered outpatient drugs shall be $10.77 for dispensed quantities
equal to or greater than the number of units contained in the manufacturer's original package.
The professional dispensing fee shall be prorated based on the percentage of the package
dispensed when the pharmacy dispenses a quantity less than the number of units contained
in the manufacturer's original package. The pharmacy dispensing fee for prescribed
over-the-counter drugs not meeting the definition of covered outpatient drugs shall be $3.65
for quantities equal to or greater than the number of units contained in the manufacturer's
original package and shall be prorated based on the percentage of the package dispensed
when the pharmacy dispenses a quantity less than the number of units contained in the
manufacturer's original package. The National Average Drug Acquisition Cost (NADAC)
shall be used to determine the ingredient cost of a drug. For drugs for which a NADAC is
not reported, the commissioner shall estimate the ingredient cost at the wholesale acquisition
cost minus two percent. The ingredient cost of a drug for a provider participating in the
federal 340B Drug Pricing Program shall be either the 340B Drug Pricing Program ceiling
price established by the Health Resources and Services Administration or NADAC,
whichever is lower. Wholesale acquisition cost is defined as the manufacturer's list price
for a drug or biological to wholesalers or direct purchasers in the United States, not including
prompt pay or other discounts, rebates, or reductions in price, for the most recent month for
which information is available, as reported in wholesale price guides or other publications
of drug or biological pricing data. The maximum allowable cost of a multisource drug may
be set by the commissioner and it shall be comparable to the actual acquisition cost of the
drug product and no higher than the NADAC of the generic product. Establishment of the
amount of payment for drugs shall not be subject to the requirements of the Administrative
Procedure Act.
(b) Pharmacies dispensing prescriptions to residents of long-term care facilities using
an automated drug distribution system meeting the requirements of section 151.58, or a
packaging system meeting the packaging standards set forth in Minnesota Rules, part
6800.2700, that govern the return of unused drugs to the pharmacy for reuse, may employ
retrospective billing for prescription drugs dispensed to long-term care facility residents. A
retrospectively billing pharmacy must submit a claim only for the quantity of medication
used by the enrolled recipient during the defined billing period. A retrospectively billing
pharmacy must use a billing period not less than one calendar month or 30 days.
(c) A pharmacy provider using packaging that meets the standards set forth in Minnesota
Rules, part 6800.2700, is required to credit the department for the actual acquisition cost
of all unused drugs that are eligible for reuse, unless the pharmacy is using retrospective
billing. The commissioner may permit the drug clozapine to be dispensed in a quantity that
is less than a 30-day supply.
(d) If a pharmacy dispenses a multisource drug, the ingredient cost shall be the NADAC
of the generic product or the maximum allowable cost established by the commissioner
unless prior authorization for the brand name product has been granted according to the
criteria established by the Drug Formulary Committee as required by subdivision 13f,
paragraph (a), and the prescriber has indicated "dispense as written" on the prescription in
a manner consistent with section 151.21, subdivision 2.
(e) The basis for determining the amount of payment for drugs administered in an
outpatient setting shall be the lower of the usual and customary cost submitted by the
provider, 106 percent of the average sales price as determined by the United States
Department of Health and Human Services pursuant to title XVIII, section 1847a of the
federal Social Security Act, the specialty pharmacy rate, or the maximum allowable cost
set by the commissioner. If average sales price is unavailable, the amount of payment must
be lower of the usual and customary cost submitted by the provider, the wholesale acquisition
cost, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner.
The commissioner shall discount the payment rate for drugs obtained through the federal
340B Drug Pricing Program by 28.6 percent. The payment for drugs administered in an
outpatient setting shall be made to the administering facility or practitioner. A retail or
specialty pharmacy dispensing a drug for administration in an outpatient setting is not
eligible for direct reimbursement.
(f) The commissioner may establish maximum allowable cost rates for specialty pharmacy
products that are lower than the ingredient cost formulas specified in paragraph (a). The
commissioner may require individuals enrolled in the health care programs administered
by the department to obtain specialty pharmacy products from providers with whom the
commissioner has negotiated lower reimbursement rates. Specialty pharmacy products are
defined as those used by a small number of recipients or recipients with complex and chronic
diseases that require expensive and challenging drug regimens. Examples of these conditions
include, but are not limited to: multiple sclerosis, HIV/AIDS, transplantation, hepatitis C,
growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms of
cancer. Specialty pharmaceutical products include injectable and infusion therapies,
biotechnology drugs, antihemophilic factor products, high-cost therapies, and therapies that
require complex care. The commissioner shall consult with the Formulary Committee to
develop a list of specialty pharmacy products subject to maximum allowable cost
reimbursement. In consulting with the Formulary Committee in developing this list, the
commissioner shall take into consideration the population served by specialty pharmacy
products, the current delivery system and standard of care in the state, and access to care
issues. The commissioner shall have the discretion to adjust the maximum allowable cost
to prevent access to care issues.
(g) Home infusion therapy services provided by home infusion therapy pharmacies must
be paid at rates according to subdivision 8d.
(h) The commissioner shall contract with a vendor to conduct a cost of dispensing survey
for all pharmacies that are physically located in the state of Minnesota that dispense outpatient
drugs under medical assistance. The commissioner shall ensure that the vendor has prior
experience in conducting cost of dispensing surveys. Each pharmacy enrolled with the
department to dispense outpatient prescription drugs to fee-for-service members must
respond to the cost of dispensing survey. The commissioner may sanction a pharmacy under
section 256B.064 for failure to respond. The commissioner shall require the vendor to
measure a single statewide cost of dispensing for specialty prescription drugs and a single
statewide cost of dispensing for nonspecialty prescription drugs for all responding pharmacies
to measure the mean, mean weighted by total prescription volume, mean weighted by
medical assistance prescription volume, median, median weighted by total prescription
volume, and median weighted by total medical assistance prescription volume. The
commissioner shall post a copy of the final cost of dispensing survey report on the
department's website. The initial survey must be completed no later than January 1, 2021,
and repeated every three years. The commissioner shall provide a summary of the results
of each cost of dispensing survey and provide recommendations for any changes to the
dispensing fee to the chairs and ranking members of the legislative committees with
jurisdiction over medical assistance pharmacy reimbursement.new text begin Notwithstanding section
256.01, subdivision 42, this paragraph does not expire.
new text end
(i) The commissioner shall increase the ingredient cost reimbursement calculated in
paragraphs (a) and (f) by 1.8 percent for prescription and nonprescription drugs subject to
the wholesale drug distributor tax under section 295.52.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision
to read:
new text begin Subd. 13k. new text end
new text begin Value-based purchasing arrangements. new text end
new text begin
(a) The commissioner may enter
into a value-based purchasing arrangement for the medical assistance or MinnesotaCare
program by written arrangement with a drug manufacturer based on agreed-upon metrics.
The commissioner may enter into a contract with a vendor for the purpose of participating
in a value-based purchasing arrangement. A value-based purchasing arrangement may
include a rebate, a discount, a price reduction, risk sharing, a reimbursement, a guarantee,
shared savings payments, withholds, a bonus, or any other thing of value. A value-based
purchasing arrangement must provide the same amount or more of a value or discount in
the aggregate as would claiming the mandatory federal drug rebate under the Federal Social
Security Act, section 1927.
new text end
new text begin
(b) Nothing in this section shall be interpreted as requiring a drug manufacturer or the
commissioner to enter into an arrangement as described in paragraph (a).
new text end
new text begin
(c) Nothing in this section shall be interpreted as altering or modifying medical assistance
coverage requirements under the federal Social Security Act, section 1927.
new text end
new text begin
(d) If the commissioner determines that a state plan amendment is necessary for
implementation before implementing a value-based purchasing arrangement, the
commissioner shall request the amendment and may delay implementing this provision
until the amendment is approved.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 13.
Minnesota Statutes 2022, section 256B.0625, subdivision 28b, is amended to
read:
Subd. 28b.
Doula services.
Medical assistance covers doula services provided by a
certified doula as defined in section 148.995, subdivision 2, of the mother's choice. For
purposes of this section, "doula services" means childbirth education and support services,
including emotional and physical support provided during pregnancy, labor, birth, and
postpartum.new text begin The commissioner shall enroll doula agencies and individual treating doulas
to provide direct reimbursement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 14.
Minnesota Statutes 2022, section 256B.0625, subdivision 30, is amended to read:
Subd. 30.
Other clinic services.
(a) Medical assistance covers rural health clinic services,
federally qualified health center services, nonprofit community health clinic services, and
public health clinic services. Rural health clinic services and federally qualified health center
services mean services defined in United States Code, title 42, section 1396d(a)(2)(B) and
(C). Payment for rural health clinic and federally qualified health center services shall be
made according to applicable federal law and regulation.
(b) A federally qualified health center (FQHC) that is beginning initial operation shall
submit an estimate of budgeted costs and visits for the initial reporting period in the form
and detail required by the commissioner. An FQHC that is already in operation shall submit
an initial report using actual costs and visits for the initial reporting period. Within 90 days
of the end of its reporting period, an FQHC shall submit, in the form and detail required by
the commissioner, a report of its operations, including allowable costs actually incurred for
the period and the actual number of visits for services furnished during the period, and other
information required by the commissioner. FQHCs that file Medicare cost reports shall
provide the commissioner with a copy of the most recent Medicare cost report filed with
the Medicare program intermediary for the reporting year which support the costs claimed
on their cost report to the state.
(c) In order to continue cost-based payment under the medical assistance program
according to paragraphs (a) and (b), an FQHC or rural health clinic must apply for designation
as an essential community provider within six months of final adoption of rules by the
Department of Health according to section 62Q.19, subdivision 7. For those FQHCs and
rural health clinics that have applied for essential community provider status within the
six-month time prescribed, medical assistance payments will continue to be made according
to paragraphs (a) and (b) for the first three years after application. For FQHCs and rural
health clinics that either do not apply within the time specified above or who have had
essential community provider status for three years, medical assistance payments for health
services provided by these entities shall be according to the same rates and conditions
applicable to the same service provided by health care providers that are not FQHCs or rural
health clinics.
(d) Effective July 1, 1999, the provisions of paragraph (c) requiring an FQHC or a rural
health clinic to make application for an essential community provider designation in order
to have cost-based payments made according to paragraphs (a) and (b) no longer apply.
(e) Effective January 1, 2000, payments made according to paragraphs (a) and (b) shall
be limited to the cost phase-out schedule of the Balanced Budget Act of 1997.
(f) Effective January 1, 2001, through December 31, 2020, each FQHC and rural health
clinic may elect to be paid either under the prospective payment system established in United
States Code, title 42, section 1396a(aa), or under an alternative payment methodology
consistent with the requirements of United States Code, title 42, section 1396a(aa), and
approved by the Centers for Medicare and Medicaid Services. The alternative payment
methodology shall be 100 percent of cost as determined according to Medicare cost
principles.
(g) Effective for services provided on or after January 1, 2021, all claims for payment
of clinic services provided by FQHCs and rural health clinics shall be paid by the
commissioner, according to an annual election by the FQHC or rural health clinic, under
the current prospective payment system described in paragraph (f) or the alternative payment
methodology described in paragraph (l).
(h) For purposes of this section, "nonprofit community clinic" is a clinic that:
(1) has nonprofit status as specified in chapter 317A;
(2) has tax exempt status as provided in Internal Revenue Code, section 501(c)(3);
(3) is established to provide health services to low-income population groups, uninsured,
high-risk and special needs populations, underserved and other special needs populations;
(4) employs professional staff at least one-half of which are familiar with the cultural
background of their clients;
(5) charges for services on a sliding fee scale designed to provide assistance to
low-income clients based on current poverty income guidelines and family size; and
(6) does not restrict access or services because of a client's financial limitations or public
assistance status and provides no-cost care as needed.
(i) Effective for services provided on or after January 1, 2015, all claims for payment
of clinic services provided by FQHCs and rural health clinics shall be paid by the
commissioner. the commissioner shall determine the most feasible method for paying claims
from the following options:
(1) FQHCs and rural health clinics submit claims directly to the commissioner for
payment, and the commissioner provides claims information for recipients enrolled in a
managed care or county-based purchasing plan to the plan, on a regular basis; or
(2) FQHCs and rural health clinics submit claims for recipients enrolled in a managed
care or county-based purchasing plan to the plan, and those claims are submitted by the
plan to the commissioner for payment to the clinic.
(j) For clinic services provided prior to January 1, 2015, the commissioner shall calculate
and pay monthly the proposed managed care supplemental payments to clinics, and clinics
shall conduct a timely review of the payment calculation data in order to finalize all
supplemental payments in accordance with federal law. Any issues arising from a clinic's
review must be reported to the commissioner by January 1, 2017. Upon final agreement
between the commissioner and a clinic on issues identified under this subdivision, and in
accordance with United States Code, title 42, section 1396a(bb), no supplemental payments
for managed care plan or county-based purchasing plan claims for services provided prior
to January 1, 2015, shall be made after June 30, 2017. If the commissioner and clinics are
unable to resolve issues under this subdivision, the parties shall submit the dispute to the
arbitration process under section 14.57.
(k) The commissioner shall seek a federal waiver, authorized under section 1115 of the
Social Security Act, to obtain federal financial participation at the 100 percent federal
matching percentage available to facilities of the Indian Health Service or tribal organization
in accordance with section 1905(b) of the Social Security Act for expenditures made to
organizations dually certified under Title V of the Indian Health Care Improvement Act,
Public Law 94-437, and as a federally qualified health center under paragraph (a) that
provides services to American Indian and Alaskan Native individuals eligible for services
under this subdivision.
(l) All claims for payment of clinic services provided by FQHCs and rural health clinics,
that have elected to be paid under this paragraph, shall be paid by the commissioner according
to the following requirements:
(1) the commissioner shall establish a single medical and single dental organization
encounter rate for each FQHC and rural health clinic when applicable;
(2) each FQHC and rural health clinic is eligible for same day reimbursement of one
medical and one dental organization encounter rate if eligible medical and dental visits are
provided on the same day;
(3) the commissioner shall reimburse FQHCs and rural health clinics, in accordance
with current applicable Medicare cost principles, their allowable costs, including direct
patient care costs and patient-related support services. Nonallowable costs include, but are
not limited to:
(i) general social services and administrative costs;
(ii) retail pharmacy;
(iii) patient incentives, food, housing assistance, and utility assistance;
(iv) external lab and x-ray;
(v) navigation services;
(vi) health care taxes;
(vii) advertising, public relations, and marketing;
(viii) office entertainment costs, food, alcohol, and gifts;
(ix) contributions and donations;
(x) bad debts or losses on awards or contracts;
(xi) fines, penalties, damages, or other settlements;
(xii) fundraising, investment management, and associated administrative costs;
(xiii) research and associated administrative costs;
(xiv) nonpaid workers;
(xv) lobbying;
(xvi) scholarships and student aid; and
(xvii) nonmedical assistance covered services;
(4) the commissioner shall review the list of nonallowable costs in the years between
the rebasing process established in clause (5), in consultation with the Minnesota Association
of Community Health Centers, FQHCs, and rural health clinics. The commissioner shall
publish the list and any updates in the Minnesota health care programs provider manual;
(5) the initial applicable base year organization encounter rates for FQHCs and rural
health clinics shall be computed for services delivered on or after January 1, 2021, and:
(i) must be determined using each FQHC's and rural health clinic's Medicare cost reports
from 2017 and 2018;
(ii) must be according to current applicable Medicare cost principles as applicable to
FQHCs and rural health clinics without the application of productivity screens and upper
payment limits or the Medicare prospective payment system FQHC aggregate mean upper
payment limit;
(iii) must be subsequently rebased every two years thereafter using the Medicare cost
reports that are three and four years prior to the rebasing year. Years in which organizational
cost or claims volume is reduced or altered due to a pandemic, disease, or other public health
emergency shall not be used as part of a base year when the base year includes more than
one year. The commissioner may use the Medicare cost reports of a year unaffected by a
pandemic, disease, or other public health emergency, or previous two consecutive years,
inflated to the base year as established under item (iv);
(iv) must be inflated to the base year using the inflation factor described in clause (6);
and
(v) the commissioner must provide for a 60-day appeals process under section 14.57;
(6) the commissioner shall annually inflate the applicable organization encounter rates
for FQHCs and rural health clinics from the base year payment rate to the effective date by
using the CMS FQHC Market Basket inflator established under United States Code, title
42, section 1395m(o), less productivity;
(7) FQHCs and rural health clinics that have elected the alternative payment methodology
under this paragraph shall submit all necessary documentation required by the commissioner
to compute the rebased organization encounter rates no later than six months following the
date the applicable Medicare cost reports are due to the Centers for Medicare and Medicaid
Services;
(8) the commissioner shall reimburse FQHCs and rural health clinics an additional
amount relative to their medical and dental organization encounter rates that is attributable
to the tax required to be paid according to section 295.52, if applicable;
(9) FQHCs and rural health clinics may submit change of scope requests to the
commissioner if the change of scope would result in an increase or decrease of 2.5 percent
or higher in the medical or dental organization encounter rate currently received by the
FQHC or rural health clinic;
(10) for FQHCs and rural health clinics seeking a change in scope with the commissioner
under clause (9) that requires the approval of the scope change by the federal Health
Resources Services Administration:
(i) FQHCs and rural health clinics shall submit the change of scope request, including
the start date of services, to the commissioner within seven business days of submission of
the scope change to the federal Health Resources Services Administration;
(ii) the commissioner shall establish the effective date of the payment change as the
federal Health Resources Services Administration date of approval of the FQHC's or rural
health clinic's scope change request, or the effective start date of services, whichever is
later; and
(iii) within 45 days of one year after the effective date established in item (ii), the
commissioner shall conduct a retroactive review to determine if the actual costs established
under clause (3) or encounters result in an increase or decrease of 2.5 percent or higher in
the medical or dental organization encounter rate, and if this is the case, the commissioner
shall revise the rate accordingly and shall adjust payments retrospectively to the effective
date established in item (ii);
(11) for change of scope requests that do not require federal Health Resources Services
Administration approval, the FQHC and rural health clinic shall submit the request to the
commissioner before implementing the change, and the effective date of the change is the
date the commissioner received the FQHC's or rural health clinic's request, or the effective
start date of the service, whichever is later. The commissioner shall provide a response to
the FQHC's or rural health clinic's request within 45 days of submission and provide a final
approval within 120 days of submission. This timeline may be waived at the mutual
agreement of the commissioner and the FQHC or rural health clinic if more information is
needed to evaluate the request;
(12) the commissioner, when establishing organization encounter rates for new FQHCs
and rural health clinics, shall consider the patient caseload of existing FQHCs and rural
health clinics in a 60-mile radius for organizations established outside of the seven-county
metropolitan area, and in a 30-mile radius for organizations in the seven-county metropolitan
area. If this information is not available, the commissioner may use Medicare cost reports
or audited financial statements to establish base rates;
(13) the commissioner shall establish a quality measures workgroup that includes
representatives from the Minnesota Association of Community Health Centers, FQHCs,
and rural health clinics, to evaluate clinical and nonclinical measures; and
(14) the commissioner shall not disallow or reduce costs that are related to an FQHC's
or rural health clinic's participation in health care educational programs to the extent that
the costs are not accounted for in the alternative payment methodology encounter rate
established in this paragraph.
new text begin
(m) Effective July 1, 2023, an enrolled Indian health service facility or a Tribal health
center operating under a 638 contract or compact may elect to also enroll as a Tribal FQHC.
Requirements that otherwise apply to an FQHC covered in this subdivision do not apply to
a Tribal FQHC enrolled under this paragraph, except that any requirements necessary to
comply with federal regulations do apply to a Tribal FQHC. The commissioner shall establish
an alternative payment method for a Tribal FQHC enrolled under this paragraph that uses
the same method and rates applicable to a Tribal facility or health center that does not enroll
as a Tribal FQHC.
new text end
Sec. 15.
Minnesota Statutes 2022, section 256B.0631, subdivision 1, is amended to read:
Subdivision 1.
Cost-sharing.
(a) Except as provided in subdivision 2, the medical
assistance benefit plan shall include the following cost-sharing for all recipients, effective
for services provided deleted text begin on or afterdeleted text end new text begin fromnew text end September 1, 2011new text begin , to December 31, 2023new text end :
(1) $3 per nonpreventive visit, except as provided in paragraph (b). For purposes of this
subdivision, a visit means an episode of service which is required because of a recipient's
symptoms, diagnosis, or established illness, and which is delivered in an ambulatory setting
by a physician or physician assistant, chiropractor, podiatrist, nurse midwife, advanced
practice nurse, audiologist, optician, or optometrist;
(2) $3.50 for nonemergency visits to a hospital-based emergency room, except that this
co-payment shall be increased to $20 upon federal approval;
(3) $3 per brand-name drug prescription, $1 per generic drug prescription, and $1 per
prescription for a brand-name multisource drug listed in preferred status on the preferred
drug list, subject to a $12 per month maximum for prescription drug co-payments. No
co-payments shall apply to antipsychotic drugs when used for the treatment of mental illness;
(4) a family deductible equal to $2.75 per month per family and adjusted annually by
the percentage increase in the medical care component of the CPI-U for the period of
September to September of the preceding calendar year, rounded to the next higher five-cent
increment; and
(5) total monthly cost-sharing must not exceed five percent of family income. For
purposes of this paragraph, family income is the total earned and unearned income of the
individual and the individual's spouse, if the spouse is enrolled in medical assistance and
also subject to the five percent limit on cost-sharing. This paragraph does not apply to
premiums charged to individuals described under section 256B.057, subdivision 9.
(b) Recipients of medical assistance are responsible for all co-payments and deductibles
in this subdivision.
(c) Notwithstanding paragraph (b), the commissioner, through the contracting process
under sections 256B.69 and 256B.692, may allow managed care plans and county-based
purchasing plans to waive the family deductible under paragraph (a), clause (4). The value
of the family deductible shall not be included in the capitation payment to managed care
plans and county-based purchasing plans. Managed care plans and county-based purchasing
plans shall certify annually to the commissioner the dollar value of the family deductible.
(d) Notwithstanding paragraph (b), the commissioner may waive the collection of the
family deductible described under paragraph (a), clause (4), from individuals and allow
long-term care and waivered service providers to assume responsibility for payment.
(e) Notwithstanding paragraph (b), the commissioner, through the contracting process
under section 256B.0756 shall allow the pilot program in Hennepin County to waive
co-payments. The value of the co-payments shall not be included in the capitation payment
amount to the integrated health care delivery networks under the pilot program.
new text begin
(f) For services provided on or after January 1, 2024, the medical assistance benefit plan
must not include cost-sharing or deductibles for any medical assistance recipient or benefit.
new text end
Sec. 16.
Minnesota Statutes 2022, section 256B.196, subdivision 2, is amended to read:
Subd. 2.
Commissioner's duties.
(a) For the purposes of this subdivision and subdivision
3, the commissioner shall determine the fee-for-service outpatient hospital services upper
payment limit for nonstate government hospitals. The commissioner shall then determine
the amount of a supplemental payment to Hennepin County Medical Center and Regions
Hospital for these services that would increase medical assistance spending in this category
to the aggregate upper payment limit for all nonstate government hospitals in Minnesota.
In making this determination, the commissioner shall allot the available increases between
Hennepin County Medical Center and Regions Hospital based on the ratio of medical
assistance fee-for-service outpatient hospital payments to the two facilities. The commissioner
shall adjust this allotment as necessary based on federal approvals, the amount of
intergovernmental transfers received from Hennepin and Ramsey Counties, and other factors,
in order to maximize the additional total payments. The commissioner shall inform Hennepin
County and Ramsey County of the periodic intergovernmental transfers necessary to match
federal Medicaid payments available under this subdivision in order to make supplementary
medical assistance payments to Hennepin County Medical Center and Regions Hospital
equal to an amount that when combined with existing medical assistance payments to
nonstate governmental hospitals would increase total payments to hospitals in this category
for outpatient services to the aggregate upper payment limit for all hospitals in this category
in Minnesota. Upon receipt of these periodic transfers, the commissioner shall make
supplementary payments to Hennepin County Medical Center and Regions Hospital.
(b) For the purposes of this subdivision and subdivision 3, the commissioner shall
determine an upper payment limit for physicians and other billing professionals affiliated
with Hennepin County Medical Center and with Regions Hospital. The upper payment limit
shall be based on the average commercial rate or be determined using another method
acceptable to the Centers for Medicare and Medicaid Services. The commissioner shall
inform Hennepin County and Ramsey County of the periodic intergovernmental transfers
necessary to match the federal Medicaid payments available under this subdivision in order
to make supplementary payments to physicians and other billing professionals affiliated
with Hennepin County Medical Center and to make supplementary payments to physicians
and other billing professionals affiliated with Regions Hospital through HealthPartners
Medical Group equal to the difference between the established medical assistance payment
for physician and other billing professional services and the upper payment limit. Upon
receipt of these periodic transfers, the commissioner shall make supplementary payments
to physicians and other billing professionals affiliated with Hennepin County Medical Center
and shall make supplementary payments to physicians and other billing professionals
affiliated with Regions Hospital through HealthPartners Medical Group.
(c) Beginning January 1, 2010, Ramsey County may make monthly voluntary
intergovernmental transfers to the commissioner in amounts not to exceed $6,000,000 per
year. The commissioner shall increase the medical assistance capitation payments to any
licensed health plan under contract with the medical assistance program that agrees to make
enhanced payments to Regions Hospital. The increase shall be in an amount equal to the
annual value of the monthly transfers plus federal financial participation, with each health
plan receiving its pro rata share of the increase based on the pro rata share of medical
assistance admissions to Regions Hospital by those plans. For the purposes of this paragraph,
"the base amount" means the total annual value of increased medical assistance capitation
payments, including the voluntary intergovernmental transfers, under this paragraph in
calendar year 2017. For managed care contracts beginning on or after January 1, 2018, the
commissioner shall reduce the total annual value of increased medical assistance capitation
payments under this paragraph by an amount equal to ten percent of the base amount, and
by an additional ten percent of the base amount for each subsequent contract year until
December 31, 2025. Upon the request of the commissioner, health plans shall submit
individual-level cost data for verification purposes. The commissioner may ratably reduce
these payments on a pro rata basis in order to satisfy federal requirements for actuarial
soundness. If payments are reduced, transfers shall be reduced accordingly. Any licensed
health plan that receives increased medical assistance capitation payments under the
intergovernmental transfer described in this paragraph shall increase its medical assistance
payments to Regions Hospital by the same amount as the increased payments received in
the capitation payment described in this paragraph. This paragraph expires January 1, 2026.
(d) For the purposes of this subdivision and subdivision 3, the commissioner shall
determine an upper payment limit for ambulance services affiliated with Hennepin County
Medical Center and the city of St. Paul, and ambulance services owned and operated by
another governmental entity that chooses to participate by requesting the commissioner to
determine an upper payment limit. The upper payment limit shall be based on the average
commercial rate or be determined using another method acceptable to the Centers for
Medicare and Medicaid Services. The commissioner shall inform Hennepin County, the
city of St. Paul, and other participating governmental entities of the periodic
intergovernmental transfers necessary to match the federal Medicaid payments available
under this subdivision in order to make supplementary payments to Hennepin County
Medical Center, the city of St. Paul, and other participating governmental entities equal to
the difference between the established medical assistance payment for ambulance services
and the upper payment limit. Upon receipt of these periodic transfers, the commissioner
shall make supplementary payments to Hennepin County Medical Center, the city of St.
Paul, and other participating governmental entities. A tribal government that owns and
operates an ambulance service is not eligible to participate under this subdivision.
(e) For the purposes of this subdivision and subdivision 3, the commissioner shall
determine an upper payment limit for physicians, dentists, and other billing professionals
affiliated with the University of Minnesota and University of Minnesota Physicians. The
upper payment limit shall be based on the average commercial rate or be determined using
another method acceptable to the Centers for Medicare and Medicaid Services. The
commissioner shall inform the University of Minnesota Medical School and University of
Minnesota School of Dentistry of the periodic intergovernmental transfers necessary to
match the federal Medicaid payments available under this subdivision in order to make
supplementary payments to physicians, dentists, and other billing professionals affiliated
with the University of Minnesota and the University of Minnesota Physicians equal to the
difference between the established medical assistance payment for physician, dentist, and
other billing professional services and the upper payment limit. Upon receipt of these periodic
transfers, the commissioner shall make supplementary payments to physicians, dentists,
and other billing professionals affiliated with the University of Minnesota and the University
of Minnesota Physicians.
(f) The commissioner shall inform the transferring governmental entities on an ongoing
basis of the need for any changes needed in the intergovernmental transfers in order to
continue the payments under paragraphs (a) to (e), at their maximum level, including
increases in upper payment limits, changes in the federal Medicaid match, and other factors.
(g) The payments in paragraphs (a) to (e) shall be implemented independently of each
other, subject to federal approval and to the receipt of transfers under subdivision 3.
(h) All of the data and funding transactions related to the payments in paragraphs (a) to
(e) shall be between the commissioner and the governmental entities.new text begin The commissioner
shall not make payments to governmental entities eligible to receive payments described
in paragraphs (a) to (e) that fail to submit the data needed to compute the payments within
24 months of the initial request from the commissioner.
new text end
(i) For purposes of this subdivision, billing professionals are limited to physicians, nurse
practitioners, nurse midwives, clinical nurse specialists, physician assistants,
anesthesiologists, certified registered nurse anesthetists, dentists, dental hygienists, and
dental therapists.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 17.
Minnesota Statutes 2022, section 256B.69, subdivision 5a, is amended to read:
Subd. 5a.
Managed care contracts.
(a) Managed care contracts under this section and
section 256L.12 shall be entered into or renewed on a calendar year basis. The commissioner
may issue separate contracts with requirements specific to services to medical assistance
recipients age 65 and older.
(b) A prepaid health plan providing covered health services for eligible persons pursuant
to chapters 256B and 256L is responsible for complying with the terms of its contract with
the commissioner. Requirements applicable to managed care programs under chapters 256B
and 256L established after the effective date of a contract with the commissioner take effect
when the contract is next issued or renewed.
(c) The commissioner shall withhold five percent of managed care plan payments under
this section and county-based purchasing plan payments under section 256B.692 for the
prepaid medical assistance program pending completion of performance targets. Each
performance target must be quantifiable, objective, measurable, and reasonably attainable,
except in the case of a performance target based on a federal or state law or rule. Criteria
for assessment of each performance target must be outlined in writing prior to the contract
effective date. Clinical or utilization performance targets and their related criteria must
consider evidence-based research and reasonable interventions when available or applicable
to the populations served, and must be developed with input from external clinical experts
and stakeholders, including managed care plans, county-based purchasing plans, and
providers. The managed care or county-based purchasing plan must demonstrate, to the
commissioner's satisfaction, that the data submitted regarding attainment of the performance
target is accurate. The commissioner shall periodically change the administrative measures
used as performance targets in order to improve plan performance across a broader range
of administrative services. The performance targets must include measurement of plan
efforts to contain spending on health care services and administrative activities. The
commissioner may adopt plan-specific performance targets that take into account factors
affecting only one plan, including characteristics of the plan's enrollee population. The
withheld funds must be returned no sooner than July of the following year if performance
targets in the contract are achieved. The commissioner may exclude special demonstration
projects under subdivision 23.
(d) The commissioner shall require that managed care plans:
(1) use the assessment and authorization processes, forms, timelines, standards,
documentation, and data reporting requirements, protocols, billing processes, and policies
consistent with medical assistance fee-for-service or the Department of Human Services
contract requirements for all personal care assistance services under section 256B.0659 and
community first services and supports under section 256B.85; and
(2) by January 30 of each year that follows a rate increase for any aspect of services
under section 256B.0659 or 256B.85, inform the commissioner and the chairs and ranking
minority members of the legislative committees with jurisdiction over rates determined
under section 256B.851 of the amount of the rate increase that is paid to each personal care
assistance provider agency with which the plan has a contract.
deleted text begin
(e) Effective for services rendered on or after January 1, 2012, the commissioner shall
include as part of the performance targets described in paragraph (c) a reduction in the health
plan's emergency department utilization rate for medical assistance and MinnesotaCare
enrollees, as determined by the commissioner. For 2012, the reduction shall be based on
the health plan's utilization in 2009. To earn the return of the withhold each subsequent
year, the managed care plan or county-based purchasing plan must achieve a qualifying
reduction of no less than ten percent of the plan's emergency department utilization rate for
medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described
in subdivisions 23 and 28, compared to the previous measurement year until the final
performance target is reached. When measuring performance, the commissioner must
consider the difference in health risk in a managed care or county-based purchasing plan's
membership in the baseline year compared to the measurement year, and work with the
managed care or county-based purchasing plan to account for differences that they agree
are significant.
deleted text end
deleted text begin
The withheld funds must be returned no sooner than July 1 and no later than July 31 of
the following calendar year if the managed care plan or county-based purchasing plan
demonstrates to the satisfaction of the commissioner that a reduction in the utilization rate
was achieved. The commissioner shall structure the withhold so that the commissioner
returns a portion of the withheld funds in amounts commensurate with achieved reductions
in utilization less than the targeted amount.
deleted text end
deleted text begin
The withhold described in this paragraph shall continue for each consecutive contract
period until the plan's emergency room utilization rate for state health care program enrollees
is reduced by 25 percent of the plan's emergency room utilization rate for medical assistance
and MinnesotaCare enrollees for calendar year 2009. Hospitals shall cooperate with the
health plans in meeting this performance target and shall accept payment withholds that
may be returned to the hospitals if the performance target is achieved.
deleted text end
deleted text begin
(f) Effective for services rendered on or after January 1, 2012, the commissioner shall
include as part of the performance targets described in paragraph (c) a reduction in the plan's
hospitalization admission rate for medical assistance and MinnesotaCare enrollees, as
determined by the commissioner. To earn the return of the withhold each year, the managed
care plan or county-based purchasing plan must achieve a qualifying reduction of no less
than five percent of the plan's hospital admission rate for medical assistance and
MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and
28, compared to the previous calendar year until the final performance target is reached.
When measuring performance, the commissioner must consider the difference in health risk
in a managed care or county-based purchasing plan's membership in the baseline year
compared to the measurement year, and work with the managed care or county-based
purchasing plan to account for differences that they agree are significant.
deleted text end
deleted text begin
The withheld funds must be returned no sooner than July 1 and no later than July 31 of
the following calendar year if the managed care plan or county-based purchasing plan
demonstrates to the satisfaction of the commissioner that this reduction in the hospitalization
rate was achieved. The commissioner shall structure the withhold so that the commissioner
returns a portion of the withheld funds in amounts commensurate with achieved reductions
in utilization less than the targeted amount.
deleted text end
deleted text begin
The withhold described in this paragraph shall continue until there is a 25 percent
reduction in the hospital admission rate compared to the hospital admission rates in calendar
year 2011, as determined by the commissioner. The hospital admissions in this performance
target do not include the admissions applicable to the subsequent hospital admission
performance target under paragraph (g). Hospitals shall cooperate with the plans in meeting
this performance target and shall accept payment withholds that may be returned to the
hospitals if the performance target is achieved.
deleted text end
deleted text begin
(g) Effective for services rendered on or after January 1, 2012, the commissioner shall
include as part of the performance targets described in paragraph (c) a reduction in the plan's
hospitalization admission rates for subsequent hospitalizations within 30 days of a previous
hospitalization of a patient regardless of the reason, for medical assistance and MinnesotaCare
enrollees, as determined by the commissioner. To earn the return of the withhold each year,
the managed care plan or county-based purchasing plan must achieve a qualifying reduction
of the subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees,
excluding enrollees in programs described in subdivisions 23 and 28, of no less than five
percent compared to the previous calendar year until the final performance target is reached.
deleted text end
deleted text begin
The withheld funds must be returned no sooner than July 1 and no later than July 31 of
the following calendar year if the managed care plan or county-based purchasing plan
demonstrates to the satisfaction of the commissioner that a qualifying reduction in the
subsequent hospitalization rate was achieved. The commissioner shall structure the withhold
so that the commissioner returns a portion of the withheld funds in amounts commensurate
with achieved reductions in utilization less than the targeted amount.
deleted text end
deleted text begin
The withhold described in this paragraph must continue for each consecutive contract
period until the plan's subsequent hospitalization rate for medical assistance and
MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and
28, is reduced by 25 percent of the plan's subsequent hospitalization rate for calendar year
2011. Hospitals shall cooperate with the plans in meeting this performance target and shall
accept payment withholds that must be returned to the hospitals if the performance target
is achieved.
deleted text end
deleted text begin (h)deleted text end new text begin (e)new text end Effective for services rendered on or after January 1, 2013, through December
31, 2013, the commissioner shall withhold 4.5 percent of managed care plan payments under
this section and county-based purchasing plan payments under section 256B.692 for the
prepaid medical assistance program. The withheld funds must be returned no sooner than
July 1 and no later than July 31 of the following year. The commissioner may exclude
special demonstration projects under subdivision 23.
deleted text begin (i)deleted text end new text begin (f) new text end Effective for services rendered on or after January 1, 2014, the commissioner shall
withhold three percent of managed care plan payments under this section and county-based
purchasing plan payments under section 256B.692 for the prepaid medical assistance
program. The withheld funds must be returned no sooner than July 1 and no later than July
31 of the following year. The commissioner may exclude special demonstration projects
under subdivision 23.
deleted text begin (j)deleted text end new text begin (g)new text end A managed care plan or a county-based purchasing plan under section 256B.692
may include as admitted assets under section 62D.044 any amount withheld under this
section that is reasonably expected to be returned.
deleted text begin (k)deleted text end new text begin (h)new text end Contracts between the commissioner and a prepaid health plan are exempt from
the set-aside and preference provisions of section 16C.16, subdivisions 6, paragraph (a),
and 7.
deleted text begin (l)deleted text end new text begin (i)new text end The return of the withhold under paragraphs (h) and (i) is not subject to the
requirements of paragraph (c).
deleted text begin (m)deleted text end new text begin (j)new text end Managed care plans and county-based purchasing plans shall maintain current
and fully executed agreements for all subcontractors, including bargaining groups, for
administrative services that are expensed to the state's public health care programs.
Subcontractor agreements determined to be material, as defined by the commissioner after
taking into account state contracting and relevant statutory requirements, must be in the
form of a written instrument or electronic document containing the elements of offer,
acceptance, consideration, payment terms, scope, duration of the contract, and how the
subcontractor services relate to state public health care programs. Upon request, the
commissioner shall have access to all subcontractor documentation under this paragraph.
Nothing in this paragraph shall allow release of information that is nonpublic data pursuant
to section 13.02.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 18.
Minnesota Statutes 2022, section 256B.76, subdivision 1, is amended to read:
Subdivision 1.
Physician reimbursement.
(a) Effective for services rendered on or after
October 1, 1992, the commissioner shall make payments for physician services as follows:
(1) payment for level one Centers for Medicare and Medicaid Services' common
procedural coding system codes titled "office and other outpatient services," "preventive
medicine new and established patient," "delivery, antepartum, and postpartum care," "critical
care," cesarean delivery and pharmacologic management provided to psychiatric patients,
and level three codes for enhanced services for prenatal high risk, shall be paid at the lower
of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992;
(2) payments for all other services shall be paid at the lower of (i) submitted charges,
or (ii) 15.4 percent above the rate in effect on June 30, 1992; and
(3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above increases
except that payment rates for home health agency services shall be the rates in effect on
September 30, 1992.
(b) Effective for services rendered on or after January 1, 2000, payment rates for physician
and professional services shall be increased by three percent over the rates in effect on
December 31, 1999, except for home health agency and family planning agency services.
The increases in this paragraph shall be implemented January 1, 2000, for managed care.
(c) Effective for services rendered on or after July 1, 2009, payment rates for physician
and professional services shall be reduced by five percent, except that for the period July
1, 2009, through June 30, 2010, payment rates shall be reduced by 6.5 percent for the medical
assistance and general assistance medical care programs, over the rates in effect on June
30, 2009. This reduction and the reductions in paragraph (d) do not apply to office or other
outpatient visits, preventive medicine visits and family planning visits billed by physicians,
advanced practice nurses, or physician assistants in a family planning agency or in one of
the following primary care practices: general practice, general internal medicine, general
pediatrics, general geriatrics, and family medicine. This reduction and the reductions in
paragraph (d) do not apply to federally qualified health centers, rural health centers, and
Indian health services. Effective October 1, 2009, payments made to managed care plans
and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall
reflect the payment reduction described in this paragraph.
(d) Effective for services rendered on or after July 1, 2010, payment rates for physician
and professional services shall be reduced an additional seven percent over the five percent
reduction in rates described in paragraph (c). This additional reduction does not apply to
physical therapy services, occupational therapy services, and speech pathology and related
services provided on or after July 1, 2010. This additional reduction does not apply to
physician services billed by a psychiatrist or an advanced practice nurse with a specialty in
mental health. Effective October 1, 2010, payments made to managed care plans and
county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect
the payment reduction described in this paragraph.
(e) Effective for services rendered on or after September 1, 2011, through June 30, 2013,
payment rates for physician and professional services shall be reduced three percent from
the rates in effect on August 31, 2011. This reduction does not apply to physical therapy
services, occupational therapy services, and speech pathology and related services.
(f) Effective for services rendered on or after September 1, 2014, payment rates for
physician and professional services, including physical therapy, occupational therapy, speech
pathology, and mental health services shall be increased by five percent from the rates in
effect on August 31, 2014. In calculating this rate increase, the commissioner shall not
include in the base rate for August 31, 2014, the rate increase provided under section
256B.76, subdivision 7. This increase does not apply to federally qualified health centers,
rural health centers, and Indian health services. Payments made to managed care plans and
county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.
(g) Effective for services rendered on or after July 1, 2015, payment rates for physical
therapy, occupational therapy, and speech pathology and related services provided by a
hospital meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause
(4), shall be increased by 90 percent from the rates in effect on June 30, 2015. Payments
made to managed care plans and county-based purchasing plans shall not be adjusted to
reflect payments under this paragraph.
(h) Any ratables effective before July 1, 2015, do not apply to early intensive
developmental and behavioral intervention (EIDBI) benefits described in section 256B.0949.
new text begin
(i) The commissioner may reimburse the cost incurred to pay the Department of Health
for metabolic disorder testing of newborns who are medical assistance recipients when the
sample is collected outside of an inpatient hospital setting or freestanding birth center setting
because the newborn was born outside of a hospital setting or freestanding birth center
setting or because it is not medically appropriate to collect the sample during the inpatient
stay for the birth.
new text end
new text begin
(j) Effective for service rendered on or after January 1, 2024, payment rates for family
planning and abortion services shall be increased by ten percent. This increase does not
apply to federally qualified health centers, rural health centers, or Indian health services.
new text end
Sec. 19.
Minnesota Statutes 2022, section 256B.76, subdivision 2, is amended to read:
Subd. 2.
Dental reimbursement.
(a) Effective for services rendered deleted text begin on or afterdeleted text end new text begin fromnew text end
October 1, 1992,new text begin to December 31, 2023,new text end the commissioner shall make payments for dental
services as follows:
(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25 percent
above the rate in effect on June 30, 1992; and
(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th percentile
of 1989, less the percent in aggregate necessary to equal the above increases.
(b) deleted text begin Beginningdeleted text end new text begin Fromnew text end October 1, 1999,new text begin to December 31, 2023,new text end the payment for tooth
sealants and fluoride treatments shall be the lower of (1) submitted charge, or (2) 80 percent
of median 1997 charges.
(c) Effective for services rendered deleted text begin on or afterdeleted text end new text begin fromnew text end January 1, 2000,new text begin to December 31,
2023,new text end payment rates for dental services shall be increased by three percent over the rates in
effect on December 31, 1999.
(d) Effective for services provided deleted text begin on or afterdeleted text end new text begin fromnew text end January 1, 2002,new text begin to December 31,
2023,new text end payment for diagnostic examinations and dental x-rays provided to children under
age 21 shall be the lower of (1) the submitted charge, or (2) 85 percent of median 1999
charges.
(e) The increases listed in paragraphs (b) and (c) shall be implemented January 1, 2000,
for managed care.
(f) Effective for dental services rendered on or after October 1, 2010, by a state-operated
dental clinic, payment shall be paid on a reasonable cost basis that is based on the Medicare
principles of reimbursement. This payment shall be effective for services rendered on or
after January 1, 2011, to recipients enrolled in managed care plans or county-based
purchasing plans.
(g) Beginning in fiscal year 2011, if the payments to state-operated dental clinics in
paragraph (f), including state and federal shares, are less than $1,850,000 per fiscal year, a
supplemental state payment equal to the difference between the total payments in paragraph
(f) and $1,850,000 shall be paid from the general fund to state-operated services for the
operation of the dental clinics.
deleted text begin
(h) Effective for services rendered on or after January 1, 2014, through December 31,
2021, payment rates for dental services shall be increased by five percent from the rates in
effect on December 31, 2013. This increase does not apply to state-operated dental clinics
in paragraph (f), federally qualified health centers, rural health centers, and Indian health
services. Effective January 1, 2014, payments made to managed care plans and county-based
purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment
increase described in this paragraph.
deleted text end
deleted text begin
(i) Effective for services provided on or after January 1, 2017, through December 31,
2021, the commissioner shall increase payment rates by 9.65 percent for dental services
provided outside of the seven-county metropolitan area. This increase does not apply to
state-operated dental clinics in paragraph (f), federally qualified health centers, rural health
centers, or Indian health services. Effective January 1, 2017, payments to managed care
plans and county-based purchasing plans under sections 256B.69 and 256B.692 shall reflect
the payment increase described in this paragraph.
deleted text end
deleted text begin
(j) Effective for services provided on or after July 1, 2017, through December 31, 2021,
the commissioner shall increase payment rates by 23.8 percent for dental services provided
to enrollees under the age of 21. This rate increase does not apply to state-operated dental
clinics in paragraph (f), federally qualified health centers, rural health centers, or Indian
health centers. This rate increase does not apply to managed care plans and county-based
purchasing plans.
deleted text end
deleted text begin (k)deleted text end new text begin (h)new text end Effective for services provided on or after January 1, 2022, the commissioner
shall exclude from medical assistance and MinnesotaCare payments for dental services to
public health and community health clinics the 20 percent increase authorized under Laws
1989, chapter 327, section 5, subdivision 2, paragraph (b).
deleted text begin (l)deleted text end new text begin (i)new text end Effective for services provided deleted text begin on or afterdeleted text end new text begin fromnew text end January 1, 2022,new text begin to December 31,
2023,new text end the commissioner shall increase payment rates by 98 percent for all dental services.
This rate increase does not apply to state-operated dental clinics, federally qualified health
centers, rural health centers, or Indian health services.
deleted text begin (m)deleted text end new text begin (j)new text end Managed care plans and county-based purchasing plans shall reimburse providers
at a level that is at least equal to the rate paid under fee-for-service for dental services. If,
for any coverage year, federal approval is not received for this paragraph, the commissioner
must adjust the capitation rates paid to managed care plans and county-based purchasing
plans for that contract year to reflect the removal of this provision. Contracts between
managed care plans and county-based purchasing plans and providers to whom this paragraph
applies must allow recovery of payments from those providers if capitation rates are adjusted
in accordance with this paragraph. Payment recoveries must not exceed an amount equal
to any increase in rates that results from this provision. If, for any coverage year, federal
approval is not received for this paragraph, the commissioner shall not implement this
paragraph for subsequent coverage years.
new text begin
(k) Effective for services provided on or after January 1, 2024, payment for dental
services must be the lower of submitted charges or the percentile of 2018-submitted charges
from claims paid by the commissioner so that the total aggregate expenditures does not
exceed the total spend as outlined in the applicable paragraphs (a) to (k). This paragraph
does not apply to federally qualified health centers, rural health centers, state-operated dental
clinics, or Indian health centers.
new text end
new text begin
(l) Beginning January 1, 2027, and every three years thereafter, the commissioner shall
rebase payment rates for dental services to a percentile of submitted charges for the applicable
base year using charge data from claims paid by the commissioner so that the total aggregate
expenditures does not exceed the total spend as outlined in paragraph (k) plus the change
in the Medical Economic Index (MEI). In 2027, the change in the MEI must be measured
from midyear of 2024 and 2026. For each subsequent rebasing, the change in the MEI must
be measured between the years that are one year after the rebasing years. The base year
used for each rebasing must be the calendar year that is two years prior to the effective date
of the rebasing. This paragraph does not apply to federally qualified health centers, rural
health centers, state-operated dental clinics, or Indian health centers.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 20.
Minnesota Statutes 2022, section 256B.76, subdivision 4, is amended to read:
Subd. 4.
Critical access dental providers.
deleted text begin
(a) The commissioner shall increase
reimbursements to dentists and dental clinics deemed by the commissioner to be critical
access dental providers. For dental services rendered on or after July 1, 2016, through
December 31, 2021, the commissioner shall increase reimbursement by 37.5 percent above
the reimbursement rate that would otherwise be paid to the critical access dental provider,
except as specified under paragraph (b). The commissioner shall pay the managed care
plans and county-based purchasing plans in amounts sufficient to reflect increased
reimbursements to critical access dental providers as approved by the commissioner.
deleted text end
deleted text begin
(b) For dental services rendered on or after July 1, 2016, through December 31, 2021,
by a dental clinic or dental group that meets the critical access dental provider designation
under paragraph (f), clause (4), and is owned and operated by a health maintenance
organization licensed under chapter 62D, the commissioner shall increase reimbursement
by 35 percent above the reimbursement rate that would otherwise be paid to the critical
access provider.
deleted text end
deleted text begin (c)deleted text end new text begin (a)new text end The commissioner shall increase reimbursement to dentists and dental clinics
deemed by the commissioner to be critical access dental providers. For dental services
provided on or after January 1, 2022, by a dental provider deemed to be a critical access
dental provider under paragraph (f), the commissioner shall increase reimbursement by 20
percent above the reimbursement rate that would otherwise be paid to the critical access
dental provider. This paragraph does not apply to federally qualified health centers, rural
health centers, state-operated dental clinics, or Indian health centers.
deleted text begin (d)deleted text end new text begin (b)new text end Managed care plans and county-based purchasing plans shall increase
reimbursement to critical access dental providers by at least the amount specified in paragraph
(c). If, for any coverage year, federal approval is not received for this paragraph, the
commissioner must adjust the capitation rates paid to managed care plans and county-based
purchasing plans for that contract year to reflect the removal of this provision. Contracts
between managed care plans and county-based purchasing plans and providers to whom
this paragraph applies must allow recovery of payments from those providers if capitation
rates are adjusted in accordance with this paragraph. Payment recoveries must not exceed
an amount equal to any increase in rates that results from this provision. If, for any coverage
year, federal approval is not received for this paragraph, the commissioner shall not
implement this paragraph for subsequent coverage years.
deleted text begin (e)deleted text end new text begin (c)new text end Critical access dental payments made under this subdivision for dental services
provided by a critical access dental provider to an enrollee of a managed care plan or
county-based purchasing plan must not reflect any capitated payments or cost-based payments
from the managed care plan or county-based purchasing plan. The managed care plan or
county-based purchasing plan must base the additional critical access dental payment on
the amount that would have been paid for that service had the dental provider been paid
according to the managed care plan or county-based purchasing plan's fee schedule that
applies to dental providers that are not paid under a capitated payment or cost-based payment.
deleted text begin (f)deleted text end new text begin (d)new text end The commissioner shall designate the following dentists and dental clinics as
critical access dental providers:
(1) nonprofit community clinics that:
(i) have nonprofit status in accordance with chapter 317A;
(ii) have tax exempt status in accordance with the Internal Revenue Code, section
501(c)(3);
(iii) are established to provide oral health services to patients who are low income,
uninsured, have special needs, and are underserved;
(iv) have professional staff familiar with the cultural background of the clinic's patients;
(v) charge for services on a sliding fee scale designed to provide assistance to low-income
patients based on current poverty income guidelines and family size;
(vi) do not restrict access or services because of a patient's financial limitations or public
assistance status; and
(vii) have free care available as needed;
(2) federally qualified health centers, rural health clinics, and public health clinics;
(3) hospital-based dental clinics owned and operated by a city, county, or former state
hospital as defined in section 62Q.19, subdivision 1, paragraph (a), clause (4);
(4) a dental clinic or dental group owned and operated by a nonprofit corporation in
accordance with chapter 317A with more than 10,000 patient encounters per year with
patients who are uninsured or covered by medical assistance or MinnesotaCare;
(5) a dental clinic owned and operated by the University of Minnesota or the Minnesota
State Colleges and Universities system; and
(6) private practicing dentists if:
(i) the dentist's office is located within the seven-county metropolitan area and more
than 50 percent of the dentist's patient encounters per year are with patients who are uninsured
or covered by medical assistance or MinnesotaCare; or
(ii) the dentist's office is located outside the seven-county metropolitan area and more
than 25 percent of the dentist's patient encounters per year are with patients who are uninsured
or covered by medical assistance or MinnesotaCare.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 21.
Minnesota Statutes 2022, section 256L.04, subdivision 10, is amended to read:
Subd. 10.
Citizenship requirements.
(a) Eligibility for MinnesotaCare is limited to
citizens or nationals of the United States and lawfully present noncitizens as defined in
Code of Federal Regulations, title 8, section 103.12. Undocumented noncitizensnew text begin , with the
exception of children under 19 years of age,new text end are ineligible for MinnesotaCare. For purposes
of this subdivision, an undocumented noncitizen is an individual who resides in the United
States without the approval or acquiescence of the United States Citizenship and Immigration
Services. Families with children who are citizens or nationals of the United States must
cooperate in obtaining satisfactory documentary evidence of citizenship or nationality
according to the requirements of the federal Deficit Reduction Act of 2005, Public Law
109-171.
(b) Notwithstanding subdivisions 1 and 7, eligible persons include families and
individuals who are lawfully present and ineligible for medical assistance by reason of
immigration status and who have incomes equal to or less than 200 percent of federal poverty
guidelines.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 22.
Laws 2020, First Special Session chapter 7, section 1, subdivision 1, as amended
by Laws 2021, First Special Session chapter 7, article 2, section 71, and Laws 2022, chapter
98, article 4, section 49, is amended to read:
Subdivision 1.
Waivers and modifications; federal funding extension.
When the
peacetime emergency declared by the governor in response to the COVID-19 outbreak
expires, is terminated, or is rescinded by the proper authority, the following waivers and
modifications to human services programs issued by the commissioner of human services
pursuant to Executive Orders 20-11 and 20-12 may remain in effect for the time period set
out in applicable federal law or for the time period set out in any applicable federally
approved waiver or state plan amendment, whichever is later:
(1) CV15: allowing telephone or video visits for waiver programs;
(2) CV17: preserving health care coverage for Medical Assistance and MinnesotaCarenew text begin
as needed to comply with federal guidance from the Centers for Medicare and Medicaid
Services until an enrollee's first renewal following the resumption of medical assistance
and MinnesotaCare renewals after March 31, 2023new text end ;
(3) CV18: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(4) CV20: eliminating cost-sharing for COVID-19 diagnosis and treatment;
(5) CV24: allowing telephone or video use for targeted case management visits;
(6) CV30: expanding telemedicine in health care, mental health, and substance use
disorder settings;
(7) CV37: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(8) CV39: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(9) CV42: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(10) CV43: expanding remote home and community-based waiver services;
(11) CV44: allowing remote delivery of adult day services;
(12) CV59: modifying eligibility period for the federally funded Refugee Cash Assistance
Program;
(13) CV60: modifying eligibility period for the federally funded Refugee Social Services
Program; and
(14) CV109: providing 15 percent increase for Minnesota Food Assistance Program and
Minnesota Family Investment Program maximum food benefits.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
Laws 2021, First Special Session chapter 7, article 1, section 36, is amended to
read:
Sec. 36. RESPONSE TO COVID-19 PUBLIC HEALTH EMERGENCY.
(a) Notwithstanding Minnesota Statutes, section 256B.057, subdivision 9, 256L.06,
subdivision 3, or any other provision to the contrary, the commissioner shall not collect any
unpaid premium for a coverage month deleted text begin that occurred during the COVID-19 public health
emergency declared by the United States Secretary of Health and Human Servicesdeleted text end new text begin until
after an enrollee's first renewal following the resumption of medical assistance and
MinnesotaCare renewals after March 31, 2023new text end .
(b) Notwithstanding any provision to the contrary, periodic data matching under
Minnesota Statutes, section 256B.0561, subdivision 2, may be suspended for up to deleted text begin sixdeleted text end new text begin 12new text end
months following the deleted text begin last day of the COVID-19 public health emergency declared by the
United States Secretary of Health and Human Servicesdeleted text end new text begin resumption of medical assistance
and MinnesotaCare renewals after March 31, 2023new text end .
(c) Notwithstanding any provision to the contrary, the requirement for the commissioner
of human services to issue an annual report on periodic data matching under Minnesota
Statutes, section 256B.0561, is suspended for one year following the last day of the
COVID-19 public health emergency declared by the United States Secretary of Health and
Human Services.
new text begin
(d) For an individual enrolled in medical assistance as of March 31, 2023, assets
exceeding the limits established by Minnesota Statutes, section 256B.056, subdivision 3,
paragraph (a), must be disregarded until the individual's second annual renewal after the
resumption of renewals after March 31, 2023.
new text end
new text begin
(e) The commissioner may temporarily adjust medical assistance eligibility verification
requirements as needed to comply with federal guidance and ensure a timely renewal process
for the period during which enrollees are subject to their first annual renewal after March
31, 2023. The commissioner shall implement sufficient controls to monitor the effectiveness
of verification adjustments and ensure program integrity.
new text end
new text begin
(f) Notwithstanding any law to the contrary, the commissioner may temporarily extend
the time frame permitted to take final administrative action on fair hearing requests from
medical assistance recipients under Minnesota Statutes, section 256.045, until the end of
the 23rd month after the public health emergency for COVID-19, as declared by the United
States Secretary of Health and Human Services, ends. During this period, the commissioner
must:
new text end
new text begin
(1) not delay resolving expedited fair hearings described in Code of Federal Regulations,
title 42, chapter IV, subchapter C, part 431, subpart E, section 431.224, paragraph (a);
new text end
new text begin
(2) provide medical assistance benefits pending the outcome of a fair hearing decision
to any medical assistance recipient who requests a fair hearing within the time provided
under Minnesota Statutes, section 256.045, subdivision 3, paragraph (i), regardless of
whether the recipient has requested benefits pending the outcome of the fair hearing;
new text end
new text begin
(3) reinstate medical assistance benefits retroactively to the date of agency action if the
recipient requests a fair hearing after the date of agency action and within the time provided
under Minnesota Statutes, section 256.045, subdivision 3, paragraph (i);
new text end
new text begin
(4) take final administrative action within the maximum 90 days permitted under Code
of Federal Regulations, title 42, chapter IV, subchapter C, part 431, subpart E, section
431.244, paragraph (f)(1), for fair hearing requests where medical assistance benefits cannot
be provided pending the outcome of the fair hearing, such as a fair hearing challenging a
denial of eligibility for an applicant;
new text end
new text begin
(5) not recoup or recover from the recipient the cost of medical assistance benefits
provided pending final administrative action, even if the agency action is sustained by the
hearing decision; and
new text end
new text begin
(6) not use the authority under this paragraph as justification to delay taking final agency
action and only exceed the 90 days permitted for taking final agency action under Code of
Federal Regulations, title 42, chapter IV, subchapter C, part 431, subpart E, section 431.244,
paragraph (f)(1), to the extent the commissioner is unable to take timely final agency action
on a given fair hearing request.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment, or
upon federal approval, whichever is later. The commissioner of human services shall notify
the revisor of statutes when federal approval is obtained.
new text end
Sec. 24.
Laws 2021, First Special Session chapter 7, article 6, section 26, is amended to
read:
Sec. 26. COMMISSIONER OF HUMAN SERVICES; EXTENSION OF COVID-19
HUMAN SERVICES PROGRAM MODIFICATIONS.
Notwithstanding Laws 2020, First Special Session chapter 7, section 1, subdivision 2,
as amended by Laws 2020, Third Special Session chapter 1, section 3, when the peacetime
emergency declared by the governor in response to the COVID-19 outbreak expires, is
terminated, or is rescinded by the proper authority, the following modifications issued by
the commissioner of human services pursuant to Executive Orders 20-11 and 20-12, and
including any amendments to the modification issued before the peacetime emergency
expires, shall remain in effect until July 1, deleted text begin 2023deleted text end new text begin 2025new text end :
(1) CV16: expanding access to telemedicine services for Children's Health Insurance
Program, Medical Assistance, and MinnesotaCare enrollees; and
(2) CV21: allowing telemedicine alternative for school-linked mental health services
and intermediate school district mental health services.
ARTICLE 9
MEDICAL EDUCATION AND RESEARCH COST ACCOUNT
Section 1.
Minnesota Statutes 2022, section 62J.692, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following definitions
apply:
(b) "Accredited clinical training" means the clinical training provided by a medical
education program that is accredited through an organization recognized by the Department
of Education, the Centers for Medicare and Medicaid Services, or another national body
who reviews the accrediting organizations for multiple disciplines and whose standards for
recognizing accrediting organizations are reviewed and approved by the commissioner of
health.
(c) "Commissioner" means the commissioner of health.
(d) "Clinical medical education program" means the accredited clinical training of
physicians (medical students and residents), doctor of pharmacy practitionersnew text begin (pharmacy
students and residents)new text end , doctors of chiropractic, dentistsnew text begin (dental students and residents)new text end ,
advanced practice registered nurses (clinical nurse specialists, certified registered nurse
anesthetists, nurse practitioners, and certified nurse midwives), physician assistants, dental
therapists and advanced dental therapists, psychologists, clinical social workers, community
paramedics, and community health workers.
(e) "Sponsoring institution" means a hospital, school, or consortium located in Minnesota
that sponsors and maintains primary organizational and financial responsibility for a clinical
medical education program in Minnesota and which is accountable to the accrediting body.
(f) "Teaching institution" means a hospital, medical center, clinic, or other organization
that conducts a clinical medical education program in Minnesota.
(g) "Trainee" means a student or resident involved in a clinical medical education
program.
(h) "Eligible trainee FTE's" means the number of trainees, as measured by full-time
equivalent counts, that are at training sites located in Minnesota with currently active medical
assistance enrollment status and a National Provider Identification (NPI) number where
training occurs in either an inpatient or ambulatory patient care setting and where the training
is funded, in part, by patient care revenues. Training that occurs in nursing facility settings
is not eligible for funding under this section.
Sec. 2.
Minnesota Statutes 2022, section 62J.692, subdivision 3, is amended to read:
Subd. 3.
Application process.
(a) A clinical medical education program conducted in
Minnesota by a teaching institution to train physicians, doctor of pharmacy practitioners,
dentists, chiropractors, physician assistants, dental therapists and advanced dental therapists,
psychologists, clinical social workers, community paramedics, or community health workers
is eligible for funds under subdivision 4 if the program:
(1) is funded, in part, by patient care revenues;
(2) occurs in patient care settings that face increased financial pressure as a result of
competition with nonteaching patient care entities; and
(3) emphasizes primary care or specialties that are in undersupply in Minnesota.
(b) A clinical medical education program for advanced practice nursing is eligible for
funds under subdivision 4 if the program meets the eligibility requirements in paragraph
(a), clauses (1) to (3), and is sponsored by the University of Minnesota Academic Health
Center, the Mayo Foundation, or institutions that are part of the Minnesota State Colleges
and Universities system or members of the Minnesota Private College Council.
(c) Applications must be submitted to the commissioner by a sponsoring institution on
behalf of an eligible clinical medical education program deleted text begin and must be received by October
31 of each year for distribution in the following yeardeleted text end new text begin on a timeline determined by the
commissionernew text end . An application for funds must contain deleted text begin the following information:deleted text end new text begin information
the commissioner deems necessary to determine program eligibility based on the criteria
in paragraphs (a) and (b) and to ensure the equitable distribution of funds.
new text end
deleted text begin
(1) the official name and address of the sponsoring institution and the official name and
site address of the clinical medical education programs on whose behalf the sponsoring
institution is applying;
deleted text end
deleted text begin
(2) the name, title, and business address of those persons responsible for administering
the funds;
deleted text end
deleted text begin
(3) for each clinical medical education program for which funds are being sought; the
type and specialty orientation of trainees in the program; the name, site address, and medical
assistance provider number and national provider identification number of each training
site used in the program; the federal tax identification number of each training site used in
the program, where available; the total number of trainees at each training site; and the total
number of eligible trainee FTEs at each site; and
deleted text end
deleted text begin
(4) other supporting information the commissioner deems necessary to determine program
eligibility based on the criteria in paragraphs (a) and (b) and to ensure the equitable
distribution of funds.
deleted text end
deleted text begin
(d) An application must include the information specified in clauses (1) to (3) for each
clinical medical education program on an annual basis for three consecutive years. After
that time, an application must include the information specified in clauses (1) to (3) when
requested, at the discretion of the commissioner:
deleted text end
deleted text begin
(1) audited clinical training costs per trainee for each clinical medical education program
when available or estimates of clinical training costs based on audited financial data;
deleted text end
deleted text begin
(2) a description of current sources of funding for clinical medical education costs,
including a description and dollar amount of all state and federal financial support, including
Medicare direct and indirect payments; and
deleted text end
deleted text begin
(3) other revenue received for the purposes of clinical training.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end An applicant that does not provide information requested by the commissioner
shall not be eligible for funds for the deleted text begin currentdeleted text end new text begin applicablenew text end funding cycle.
Sec. 3.
Minnesota Statutes 2022, section 62J.692, subdivision 4, is amended to read:
Subd. 4.
Distribution of funds.
(a) The commissioner shall annually distribute deleted text begin the
available medical education fundsdeleted text end new text begin revenue credited or money transferred to the medical
education and research cost account under subdivision 8 and section 297F.10, subdivision
1, clause (2), new text end to all qualifying applicants based on a public program volume factor, which
is determined by the total volume of public program revenue received by each training site
as a percentage of all public program revenue received by all training sites in the fund pool.
Public program revenue for the distribution formula includes revenue from medical
assistance and prepaid medical assistance. Training sites that receive no public program
revenue are ineligible for funds available under this subdivision. deleted text begin For purposes of determining
training-site level grants to be distributed under this paragraph, total statewide average costs
per trainee for medical residents is based on audited clinical training costs per trainee in
primary care clinical medical education programs for medical residents. Total statewide
average costs per trainee for dental residents is based on audited clinical training costs per
trainee in clinical medical education programs for dental students. Total statewide average
costs per trainee for pharmacy residents is based on audited clinical training costs per trainee
in clinical medical education programs for pharmacy students.
deleted text end
Training sites whose training site level grant is less than $5,000, based on the deleted text begin formuladeleted text end new text begin
formulasnew text end described in this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end , or that train fewer than 0.1 FTE eligible
trainees, are ineligible for funds available under this subdivision. No training sites shall
receive a grant per FTE trainee that is in excess of the 95th percentile grant per FTE across
all eligible training sites; grants in excess of this amount will be redistributed to other eligible
sites based on the deleted text begin formuladeleted text end new text begin formulasnew text end described in this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end .
(b) deleted text begin For funds distributed in fiscal years 2014 and 2015, the distribution formula shall
include a supplemental public program volume factor, which is determined by providing a
supplemental payment to training sites whose public program revenue accounted for at least
0.98 percent of the total public program revenue received by all eligible training sites. The
supplemental public program volume factor shall be equal to ten percent of each training
site's grant for funds distributed in fiscal year 2014 and for funds distributed in fiscal year
2015. Grants to training sites whose public program revenue accounted for less than 0.98
percent of the total public program revenue received by all eligible training sites shall be
reduced by an amount equal to the total value of the supplemental payment. For fiscal year
2016 and beyond, the distribution of funds shall be based solely on the public program
volume factor as described in paragraph (a).deleted text end new text begin Money appropriated through the state general
fund, the health care access fund, and any additional fund for the purpose of funding medical
education and research costs and that does not require federal approval must be awarded
only to eligible training sites who do not qualify for a medical education and research cost
rate factor under sections 256.969, subdivision 2b, paragraph (k), or 256B.75, paragraph
(b). The commissioner shall distribute the available medical education money appropriated
to eligible training sites that do not qualify for a medical education and research cost rate
factor based on a distribution formula determined by the commissioner. The distribution
formula under this paragraph must consider clinical training costs, public program revenues,
and other factors identified by the commissioner that address the objective of supporting
clinical training.
new text end
(c) Funds distributed shall not be used to displace current funding appropriations from
federal or state sources.
(d) Funds shall be distributed to the sponsoring institutions indicating the amount to be
distributed to each of the sponsor's clinical medical education programs based on the criteria
in this subdivision and in accordance with the commissioner's approval letter. Each clinical
medical education program must distribute funds allocated under paragraphs (a) and (b) to
the training sites as specified in the commissioner's approval letter. Sponsoring institutions,
which are accredited through an organization recognized by the Department of Education
or the Centers for Medicare and Medicaid Services, may contract directly with training sites
to provide clinical training. To ensure the quality of clinical training, those accredited
sponsoring institutions must:
(1) develop contracts specifying the terms, expectations, and outcomes of the clinical
training conducted at sites; and
(2) take necessary action if the contract requirements are not met. Action may include
deleted text begin the withholding of paymentsdeleted text end new text begin disqualifying the training sitenew text end under this section or the removal
of students from the site.
(e) Use of funds is limited to expenses related to new text begin eligible new text end clinical training deleted text begin programdeleted text end costs
deleted text begin for eligible programsdeleted text end new text begin . The commissioner shall develop a methodology for determining
eligible costsnew text end .
(f) Any funds deleted text begin notdeleted text end new text begin that cannot benew text end distributed in accordance with the commissioner's
approval letter must be returned to the medical education and research fund within 30 days
of receiving notice from the commissioner. deleted text begin The commissioner shall distribute returned
funds to the appropriate training sites in accordance with the commissioner's approval letter.deleted text end new text begin
When appropriate, the commissioner shall include the undistributed money in the subsequent
distribution cycle using the applicable methodology described in this subdivision.
new text end
deleted text begin
(g) A maximum of $150,000 of the funds dedicated to the commissioner under section
297F.10, subdivision 1, clause (2), may be used by the commissioner for administrative
expenses associated with implementing this section.
deleted text end
Sec. 4.
Minnesota Statutes 2022, section 62J.692, subdivision 5, is amended to read:
Subd. 5.
Report.
(a) Sponsoring institutions receiving funds under this section must
deleted text begin sign anddeleted text end submit a medical education grant verification report (GVR) to verify that the correct
grant amount was forwarded to each eligible training site. deleted text begin If the sponsoring institution fails
to submit the GVR by the stated deadline, or to request and meet the deadline for an
extension, the sponsoring institution is required to return the full amount of funds received
to the commissioner within 30 days of receiving notice from the commissioner. The
commissioner shall distribute returned funds to the appropriate training sites in accordance
with the commissioner's approval letter.
deleted text end
(b) The reports must provide verification of the distribution of the funds and must include:
deleted text begin
(1) the total number of eligible trainee FTEs in each clinical medical education program;
deleted text end
deleted text begin
(2) the name of each funded program and, for each program, the dollar amount distributed
to each training site and a training site expenditure report;
deleted text end
deleted text begin (3)deleted text end new text begin (1)new text end documentation of any discrepancies between the deleted text begin initialdeleted text end grant distribution notice
included in the commissioner's approval letter and the actual distribution;
deleted text begin (4)deleted text end new text begin (2)new text end a statement by the sponsoring institution stating that the completed grant
verification report is valid and accurate; and
deleted text begin (5)deleted text end new text begin (3)new text end other information the commissioner deems appropriate to evaluate the effectiveness
of the use of funds for medical education.
deleted text begin
(c) Each year, the commissioner shall provide an annual summary report to the legislature
on the implementation of this section. This report is exempt from section 144.05, subdivision
7.
deleted text end
Sec. 5.
Minnesota Statutes 2022, section 62J.692, subdivision 8, is amended to read:
Subd. 8.
Federal financial participation.
The commissioner of human services shall
seek deleted text begin to maximizedeleted text end federal financial participation deleted text begin in paymentsdeleted text end new text begin for the dedicated revenuenew text end for
medical education and research costsnew text begin provided under section 297F.10, subdivision 1, clause
(2)new text end .
deleted text begin
The commissioner shall use physician clinic rates where possible to maximize federal
financial participation. Any additional funds that become available must be distributed under
subdivision 4, paragraph (a).
deleted text end
Sec. 6.
Minnesota Statutes 2022, section 256.969, subdivision 2b, is amended to read:
Subd. 2b.
Hospital payment rates.
(a) For discharges occurring on or after November
1, 2014, hospital inpatient services for hospitals located in Minnesota shall be paid according
to the following:
(1) critical access hospitals as defined by Medicare shall be paid using a cost-based
methodology;
(2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology
under subdivision 25;
(3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation
distinct parts as defined by Medicare shall be paid according to the methodology under
subdivision 12; and
(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.
(b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not
be rebased, except that a Minnesota long-term hospital shall be rebased effective January
1, 2011, based on its most recent Medicare cost report ending on or before September 1,
2008, with the provisions under subdivisions 9 and 23, based on the rates in effect on
December 31, 2010. For rate setting periods after November 1, 2014, in which the base
years are updated, a Minnesota long-term hospital's base year shall remain within the same
period as other hospitals.
(c) Effective for discharges occurring on and after November 1, 2014, payment rates
for hospital inpatient services provided by hospitals located in Minnesota or the local trade
area, except for the hospitals paid under the methodologies described in paragraph (a),
clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a
manner similar to Medicare. The base year or years for the rates effective November 1,
2014, shall be calendar year 2012. The rebasing under this paragraph shall be budget neutral,
ensuring that the total aggregate payments under the rebased system are equal to the total
aggregate payments that were made for the same number and types of services in the base
year. Separate budget neutrality calculations shall be determined for payments made to
critical access hospitals and payments made to hospitals paid under the DRG system. Only
the rate increases or decreases under subdivision 3a or 3c that applied to the hospitals being
rebased during the entire base period shall be incorporated into the budget neutrality
calculation.
(d) For discharges occurring on or after November 1, 2014, through the next rebasing
that occurs, the rebased rates under paragraph (c) that apply to hospitals under paragraph
(a), clause (4), shall include adjustments to the projected rates that result in no greater than
a five percent increase or decrease from the base year payments for any hospital. Any
adjustments to the rates made by the commissioner under this paragraph and paragraph (e)
shall maintain budget neutrality as described in paragraph (c).
(e) For discharges occurring on or after November 1, 2014, the commissioner may make
additional adjustments to the rebased rates, and when evaluating whether additional
adjustments should be made, the commissioner shall consider the impact of the rates on the
following:
(1) pediatric services;
(2) behavioral health services;
(3) trauma services as defined by the National Uniform Billing Committee;
(4) transplant services;
(5) obstetric services, newborn services, and behavioral health services provided by
hospitals outside the seven-county metropolitan area;
(6) outlier admissions;
(7) low-volume providers; and
(8) services provided by small rural hospitals that are not critical access hospitals.
(f) Hospital payment rates established under paragraph (c) must incorporate the following:
(1) for hospitals paid under the DRG methodology, the base year payment rate per
admission is standardized by the applicable Medicare wage index and adjusted by the
hospital's disproportionate population adjustment;
(2) for critical access hospitals, payment rates for discharges between November 1, 2014,
and June 30, 2015, shall be set to the same rate of payment that applied for discharges on
October 31, 2014;
(3) the cost and charge data used to establish hospital payment rates must only reflect
inpatient services covered by medical assistance; and
(4) in determining hospital payment rates for discharges occurring on or after the rate
year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per
discharge shall be based on the cost-finding methods and allowable costs of the Medicare
program in effect during the base year or years. In determining hospital payment rates for
discharges in subsequent base years, the per discharge rates shall be based on the cost-finding
methods and allowable costs of the Medicare program in effect during the base year or
years.
(g) The commissioner shall validate the rates effective November 1, 2014, by applying
the rates established under paragraph (c), and any adjustments made to the rates under
paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine whether the
total aggregate payments for the same number and types of services under the rebased rates
are equal to the total aggregate payments made during calendar year 2013.
(h) Effective for discharges occurring on or after July 1, 2017, and every two years
thereafter, payment rates under this section shall be rebased to reflect only those changes
in hospital costs between the existing base year or years and the next base year or years. In
any year that inpatient claims volume falls below the threshold required to ensure a
statistically valid sample of claims, the commissioner may combine claims data from two
consecutive years to serve as the base year. Years in which inpatient claims volume is
reduced or altered due to a pandemic or other public health emergency shall not be used as
a base year or part of a base year if the base year includes more than one year. Changes in
costs between base years shall be measured using the lower of the hospital cost index defined
in subdivision 1, paragraph (a), or the percentage change in the case mix adjusted cost per
claim. The commissioner shall establish the base year for each rebasing period considering
the most recent year or years for which filed Medicare cost reports are available. The
estimated change in the average payment per hospital discharge resulting from a scheduled
rebasing must be calculated and made available to the legislature by January 15 of each
year in which rebasing is scheduled to occur, and must include by hospital the differential
in payment rates compared to the individual hospital's costs.
(i) Effective for discharges occurring on or after July 1, 2015, inpatient payment rates
for critical access hospitals located in Minnesota or the local trade area shall be determined
using a new cost-based methodology. The commissioner shall establish within the
methodology tiers of payment designed to promote efficiency and cost-effectiveness.
Payment rates for hospitals under this paragraph shall be set at a level that does not exceed
the total cost for critical access hospitals as reflected in base year cost reports. Until the
next rebasing that occurs, the new methodology shall result in no greater than a five percent
decrease from the base year payments for any hospital, except a hospital that had payments
that were greater than 100 percent of the hospital's costs in the base year shall have their
rate set equal to 100 percent of costs in the base year. The rates paid for discharges on and
after July 1, 2016, covered under this paragraph shall be increased by the inflation factor
in subdivision 1, paragraph (a). The new cost-based rate shall be the final rate and shall not
be settled to actual incurred costs. Hospitals shall be assigned a payment tier based on the
following criteria:
(1) hospitals that had payments at or below 80 percent of their costs in the base year
shall have a rate set that equals 85 percent of their base year costs;
(2) hospitals that had payments that were above 80 percent, up to and including 90
percent of their costs in the base year shall have a rate set that equals 95 percent of their
base year costs; and
(3) hospitals that had payments that were above 90 percent of their costs in the base year
shall have a rate set that equals 100 percent of their base year costs.
(j) The commissioner may refine the payment tiers and criteria for critical access hospitals
to coincide with the next rebasing under paragraph (h). The factors used to develop the new
methodology may include, but are not limited to:
(1) the ratio between the hospital's costs for treating medical assistance patients and the
hospital's charges to the medical assistance program;
(2) the ratio between the hospital's costs for treating medical assistance patients and the
hospital's payments received from the medical assistance program for the care of medical
assistance patients;
(3) the ratio between the hospital's charges to the medical assistance program and the
hospital's payments received from the medical assistance program for the care of medical
assistance patients;
(4) the statewide average increases in the ratios identified in clauses (1), (2), and (3);
(5) the proportion of that hospital's costs that are administrative and trends in
administrative costs; and
(6) geographic location.
new text begin
(k) Effective for discharges occurring on or after January 1, 2024, the rates paid to
hospitals described in paragraph (a), clauses (2) to (4), must include a rate factor specific
to each hospital that qualifies for a medical education and research cost distribution under
section 62J.692 subdivision 4, paragraph (a).
new text end
new text begin
(l) By [month] [date], [year], the commissioner shall make a one-time supplemental
payment to each hospital that qualifies for a medical education and research cost distribution
under section 62J.692, subdivision 4, paragraph (a), in an amount sufficient to cover the
six-month funding gap created by the effective date of paragraph (k) in the last six months
of calendar year 2023.
new text end
Sec. 7.
Minnesota Statutes 2022, section 256B.75, is amended to read:
256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.
(a) For outpatient hospital facility fee payments for services rendered on or after October
1, 1992, the commissioner of human services shall pay the lower of (1) submitted charge,
or (2) 32 percent above the rate in effect on June 30, 1992, except for those services for
which there is a federal maximum allowable payment. Effective for services rendered on
or after January 1, 2000, payment rates for nonsurgical outpatient hospital facility fees and
emergency room facility fees shall be increased by eight percent over the rates in effect on
December 31, 1999, except for those services for which there is a federal maximum allowable
payment. Services for which there is a federal maximum allowable payment shall be paid
at the lower of (1) submitted charge, or (2) the federal maximum allowable payment. Total
aggregate payment for outpatient hospital facility fee services shall not exceed the Medicare
upper limit. If it is determined that a provision of this section conflicts with existing or
future requirements of the United States government with respect to federal financial
participation in medical assistance, the federal requirements prevail. The commissioner
may, in the aggregate, prospectively reduce payment rates to avoid reduced federal financial
participation resulting from rates that are in excess of the Medicare upper limitations.
(b) Notwithstanding paragraph (a), payment for outpatient, emergency, and ambulatory
surgery hospital facility fee services for critical access hospitals designated under section
144.1483, clause (9), shall be paid on a cost-based payment system that is based on the
cost-finding methods and allowable costs of the Medicare program. Effective for services
provided on or after July 1, 2015, rates established for critical access hospitals under this
paragraph for the applicable payment year shall be the final payment and shall not be settled
to actual costs. Effective for services delivered on or after the first day of the hospital's fiscal
year ending in 2017, the rate for outpatient hospital services shall be computed using
information from each hospital's Medicare cost report as filed with Medicare for the year
that is two years before the year that the rate is being computed. Rates shall be computed
using information from Worksheet C series until the department finalizes the medical
assistance cost reporting process for critical access hospitals. After the cost reporting process
is finalized, rates shall be computed using information from Title XIX Worksheet D series.
The outpatient rate shall be equal to ancillary cost plus outpatient cost, excluding costs
related to rural health clinics and federally qualified health clinics, divided by ancillary
charges plus outpatient charges, excluding charges related to rural health clinics and federally
qualified health clinics.new text begin Effective for services delivered on or after January 1, 2024, the
rates paid to critical access hospitals under this section must be adjusted to include the
amount of any distributions under section 62J.692, subdivision 4, paragraph (a), that were
not included in the rate adjustment described under section 256.969, subdivision 2b,
paragraph (k).
new text end
(c) Effective for services provided on or after July 1, 2003, rates that are based on the
Medicare outpatient prospective payment system shall be replaced by a budget neutral
prospective payment system that is derived using medical assistance data. The commissioner
shall provide a proposal to the 2003 legislature to define and implement this provision.
When implementing prospective payment methodologies, the commissioner shall use general
methods and rate calculation parameters similar to the applicable Medicare prospective
payment systems for services delivered in outpatient hospital and ambulatory surgical center
settings unless other payment methodologies for these services are specified in this chapter.
(d) For fee-for-service services provided on or after July 1, 2002, the total payment,
before third-party liability and spenddown, made to hospitals for outpatient hospital facility
services is reduced by .5 percent from the current statutory rate.
(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service
services provided on or after July 1, 2003, made to hospitals for outpatient hospital facility
services before third-party liability and spenddown, is reduced five percent from the current
statutory rates. Facilities defined under section 256.969, subdivision 16, are excluded from
this paragraph.
(f) In addition to the reductions in paragraphs (d) and (e), the total payment for
fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient
hospital facility services before third-party liability and spenddown, is reduced three percent
from the current statutory rates. Mental health services and facilities defined under section
256.969, subdivision 16, are excluded from this paragraph.
Sec. 8.
Minnesota Statutes 2022, section 297F.10, subdivision 1, is amended to read:
Subdivision 1.
Tax and use tax on cigarettes.
Revenue received from cigarette taxes,
as well as related penalties, interest, license fees, and miscellaneous sources of revenue
shall be deposited by the commissioner in the state treasury and credited as follows:
(1) $22,250,000 each year must be credited to the Academic Health Center special
revenue fund hereby created and is annually appropriated to the Board of Regents at the
University of Minnesota for Academic Health Center funding at the University of Minnesota;
and
(2) deleted text begin $3,937,000deleted text end new text begin $3,788,000new text end each year must be credited to the medical education and
research costs account hereby created in the special revenue fund and is annually appropriated
to the commissioner of health for distribution under section 62J.692, subdivision 4new text begin , paragraph
(a)new text end ; and
(3) the balance of the revenues derived from taxes, penalties, and interest (under this
chapter) and from license fees and miscellaneous sources of revenue shall be credited to
the general fund.
Sec. 9. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 62J.692, subdivisions 4a, 7, and 7a; 137.38, subdivision
1; and 256B.69, subdivision 5c,
new text end
new text begin
are repealed.
new text end
ARTICLE 10
MINNESOTACARE PUBLIC OPTION
Section 1.
Minnesota Statutes 2022, section 256L.04, subdivision 1c, is amended to read:
Subd. 1c.
General requirements.
To be eligible for MinnesotaCare, a person must meet
the eligibility requirements of this section. A person eligible for MinnesotaCare new text begin with an
income less than or equal to 200 percent of the federal poverty guidelines new text end shall not be
considered a qualified individual under section 1312 of the Affordable Care Act, and is not
eligible for enrollment in a qualified health plan offered through MNsure under chapter
62V.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 2.
Minnesota Statutes 2022, section 256L.04, subdivision 7a, is amended to read:
Subd. 7a.
Ineligibility.
Adults whose income is greater than the limits established under
this section may not enroll in the MinnesotaCare programnew text begin , except as provided in subdivision
15new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 3.
Minnesota Statutes 2022, section 256L.04, is amended by adding a subdivision to
read:
new text begin Subd. 15. new text end
new text begin Persons eligible for buy-in option. new text end
new text begin
(a) Families and individuals with income
above the maximum income eligibility limit specified in subdivision 1 or 7, including those
with access to employer-sponsored coverage as defined by section 256L.07, subdivision 2,
but who meet all other MinnesotaCare eligibility requirements are eligible for the buy-in
option. All other provisions of this chapter apply unless otherwise specified.
new text end
new text begin
(b) Families and individuals may enroll in MinnesotaCare under this subdivision only
during an annual open enrollment period or special enrollment period, as designated by
MNsure and in compliance with Code of Federal Regulations, title 45, parts 155.410 and
155.420.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 4.
Minnesota Statutes 2022, section 256L.07, subdivision 1, is amended to read:
Subdivision 1.
General requirements.
Individuals enrolled in MinnesotaCare under
section 256L.04, subdivision 1, and individuals enrolled in MinnesotaCare under section
256L.04, subdivision 7, whose income increases above 200 percent of the federal poverty
guidelines, are no longer eligible for the program and shall be disenrolled by the
commissionernew text begin , unless they continue MinnesotaCare enrollment through the buy-in option
under section 256L.04, subdivision 15new text end . For persons disenrolled under this subdivision,
MinnesotaCare coverage terminates the last day of the calendar month in which the
commissioner sends advance notice according to Code of Federal Regulations, title 42,
section 431.211, that indicates the income of a family or individual exceeds program income
limits.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 5.
Minnesota Statutes 2022, section 256L.15, subdivision 2, is amended to read:
Subd. 2.
Sliding fee scale; monthly individual or family income.
(a) The commissioner
shall establish a sliding fee scale to determine the percentage of monthly individual or family
income that households at different income levels must pay to obtain coverage through the
MinnesotaCare program. The sliding fee scale must be based on the enrollee's monthly
individual or family income.
(b) Beginning January 1, 2014, MinnesotaCare enrollees shall pay premiums according
to the premium scale specified in paragraph (d)new text begin , subject to the federal compliance
requirements in paragraphs (e) and (f)new text end .
(c) Paragraph (b) does not apply to:
(1) children 20 years of age or younger; and
(2) individuals with household incomes below 35 percent of the federal poverty
guidelines.
(d) The following premium scale is established for each individual in the household who
is 21 years of age or older and enrolled in MinnesotaCare:
|
Federal Poverty Guideline Greater than or Equal to |
Less than |
Individual Premium Amount |
| 35% |
55% |
$4 |
| 55% |
80% |
$6 |
| 80% |
90% |
$8 |
| 90% |
100% |
$10 |
| 100% |
110% |
$12 |
| 110% |
120% |
$14 |
| 120% |
130% |
$15 |
| 130% |
140% |
$16 |
| 140% |
150% |
$25 |
| 150% |
160% |
$37 |
| 160% |
170% |
$44 |
| 170% |
180% |
$52 |
| 180% |
190% |
$61 |
| 190% |
200% |
$71 |
| 200% |
$80 |
(e) Beginning January 1, 2021, the commissioner shall adjust the premium scale
established under paragraph (d) to ensure that premiums do not exceed the amount that an
individual would have been required to pay if the individual was enrolled in an applicable
benchmark plan in accordance with the Code of Federal Regulations, title 42, section 600.505
(a)(1).
new text begin
(f) Notwithstanding the premium scale established under paragraph (d), the commissioner
shall continue to charge premiums in accordance with the simplified premium scale
established to comply with the American Rescue Plan Act of 2021, as amended by the
Inflation Reduction Act of 2022, and in effect from January 1, 2021, to December 31, 2025,
for families and individuals eligible under section 256L.04, subdivisions 1 and 7. The
commissioner shall further adjust the premium scale established under paragraph (d) to
ensure compliance with paragraph (e) as needed in response to changes in federal law.
new text end
new text begin
(g) The commissioner shall establish a sliding premium scale for persons eligible through
the buy-in option under section 256L.04, subdivision 15. Beginning January 1, 2027, persons
eligible through the buy-in option shall pay premiums according to the premium scale
established by the commissioner. Persons 20 years of age or younger are exempt from
paying premiums.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment, except
that the premium scale established under paragraph (g) is effective January 1, 2027, or upon
federal approval, whichever is later. The commissioner of human services shall notify the
revisor of statutes when federal approval is obtained.
new text end
Sec. 6. new text begin TRANSITION TO MINNESOTACARE BUY-IN OPTION.
new text end
new text begin
(a) The commissioner of human services shall continue to administer MinnesotaCare
as a basic health program in accordance with Minnesota Statutes, section 256L.02,
subdivision 5.
new text end
new text begin
(b) By January 1, 2027, the commissioner of human services shall implement a buy-in
option that allows individuals with income over 200 percent of the federal poverty guidelines
to be eligible for MinnesotaCare.
new text end
new text begin
(c) By December 15, 2024, the commissioner shall present an implementation plan for
the MinnesotaCare buy-in option under Minnesota Statutes, section 256L.04, subdivision
15, as well as any additional legislative changes needed for implementation, to the chairs
and ranking minority members of the legislative committees with jurisdiction over health
care policy and finance.
new text end
new text begin
(d) The commissioner of human services shall seek any federal waivers, approvals, and
law changes necessary to implement a MinnesotaCare buy-in option, including but not
limited to any waivers, approvals, or law changes necessary to allow:
new text end
new text begin
(1) the state to continue to receive federal basic health program payments for basic health
program-eligible MinnesotaCare enrollees and to receive other federal funding for the
MinnesotaCare public option; and
new text end
new text begin
(2) the state to receive federal payments equal to the value of premium tax credits and
cost-sharing reductions that MinnesotaCare enrollees with household incomes greater than
200 percent of the federal poverty guidelines would have otherwise received.
new text end
new text begin
(e) In implementing this section, the commissioner of human services shall consult with
the commissioner of commerce and the board of directors of MNsure and may contract for
technical and actuarial assistance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 11
TRIBAL ELDER OFFICE
Section 1.
new text begin
[256.9747] TRIBAL LONG-TERM SERVICES AND SUPPORTS OFFICE.
new text end
new text begin
(a) The commissioner of human services shall establish a Tribal Long-Term Services
and Supports Office to promote and facilitate the sovereignty of Minnesota's Tribal Nations,
and to support the consultation duties of the government-to-government relationship with
the state and Tribal governments, as set forth in section 10.65.
new text end
new text begin
(b) The purpose of the Tribal Long-Term Services and Supports Office is to demonstrate
respect for the sovereign status of Minnesota's Tribal Nations by:
new text end
new text begin
(1) supporting Tribal Nations by delivering tailored technical assistance to bolster Tribes'
ability to deliver long-term services and supports;
new text end
new text begin
(2) maximizing access to federal funds and leveraging other resources available to Tribal
Nations, including but not limited to assisting Minnesota Tribal Nations access to Title VI
of the Older Americans Act; and
new text end
new text begin
(3) increasing access to culturally appropriate health care for Tribes and members.
new text end
Sec. 2.
new text begin
[256.9748] TRIBAL LONG-TERM SERVICES AND SUPPORTS ADVISORY
COUNCIL.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A Tribal Long-Term Services and Supports Advisory
Council is created to assist the state authority on developing policies, procedures, and
enhanced programs to support older adults and people with a variety of disabilities, including
but not limited to developmental disabilities, chronic medical conditions, acquired or
traumatic brain injuries, and physical disabilities.
new text end
new text begin Subd. 2. new text end
new text begin Membership terms, compensation, removal, and expiration. new text end
new text begin
(a) The council
must consist of the following 11 voting members appointed by the commissioner:
new text end
new text begin
(1) an American Indian representing the Red Lake Band of Chippewa Indians;
new text end
new text begin
(2) an American Indian representing the Fond du Lac Band, Minnesota Chippewa Tribe;
new text end
new text begin
(3) an American Indian representing the Grand Portage Band, Minnesota Chippewa
Tribe;
new text end
new text begin
(4) an American Indian representing the Leech Lake Band, Minnesota Chippewa Tribe;
new text end
new text begin
(5) an American Indian representing the Mille Lacs Band, Minnesota Chippewa Tribe;
new text end
new text begin
(6) an American Indian representing the Bois Forte Band, Minnesota Chippewa Tribe;
new text end
new text begin
(7) an American Indian representing the White Earth Band, Minnesota Chippewa Tribe;
new text end
new text begin
(8) an American Indian representing the Lower Sioux Indian Reservation;
new text end
new text begin
(9) an American Indian representing the Prairie Island Sioux Indian Reservation;
new text end
new text begin
(10) an American Indian representing the Shakopee Mdewakanton Sioux Indian
Reservation; and
new text end
new text begin
(11) an American Indian representing the Upper Sioux Indian Reservation.
new text end
new text begin
(b) The terms, compensation, and removal of Tribal Long-Term Services and Supports
Advisory Council members must be as provided in section 15.059.
new text end
Sec. 3.
Minnesota Statutes 2022, section 256B.0924, subdivision 5, is amended to read:
Subd. 5.
Provider standards.
County boardsnew text begin , Tribal Nations,new text end or providers who contract
with the county are eligible to receive medical assistance reimbursement for adult targeted
case management services. To qualify as a provider of targeted case management services
the vendor must:
(1) have demonstrated the capacity and experience to provide the activities of case
management services defined in subdivision 4;
(2) be able to coordinate and link community resources needed by the recipient;
(3) have the administrative capacity and experience to serve the eligible population in
providing services and to ensure quality of services under state and federal requirements;
(4) have a financial management system that provides accurate documentation of services
and costs under state and federal requirements;
(5) have the capacity to document and maintain individual case records complying with
state and federal requirements;
(6) coordinate with county social service agencies responsible for planning for community
social services under chapters 256E and 256F; conducting adult protective investigations
under section 626.557, and conducting prepetition screenings for commitments under section
253B.07;
(7) coordinate with health care providers to ensure access to necessary health care
services;
(8) have a procedure in place that notifies the recipient and the recipient's legal
representative of any conflict of interest if the contracted targeted case management service
provider also provides the recipient's services and supports and provides information on all
potential conflicts of interest and obtains the recipient's informed consent and provides the
recipient with alternatives; and
(9) have demonstrated the capacity to achieve the following performance outcomes:
access, quality, and consumer satisfaction.
ARTICLE 12
BACKGROUND STUDIES
Section 1.
Minnesota Statutes 2022, section 245C.10, subdivision 1d, is amended to read:
Subd. 1d.
new text begin State; new text end national criminal history record check fees.
The commissioner may
increase background study fees as necessary, commensurate with an increase in new text begin state Bureau
of Criminal Apprehension or new text end the national criminal history record check deleted text begin feedeleted text end new text begin feesnew text end . The
commissioner shall report any fee increase under this subdivision to the legislature during
the legislative session following the fee increase, so that the legislature may consider adoption
of the fee increase into statute. By July 1 of every year, background study fees shall be set
at the amount adopted by the legislature under this section.
Sec. 2.
Minnesota Statutes 2022, section 245C.10, subdivision 2, is amended to read:
Subd. 2.
Supplemental nursing services agencies.
The commissioner shall recover the
cost of the background studies initiated by supplemental nursing services agencies registered
under section 144A.71, subdivision 1, through a fee of no more than deleted text begin $42deleted text end new text begin $44new text end per study
charged to the agency. The fees collected under this subdivision are appropriated to the
commissioner for the purpose of conducting background studies.
Sec. 3.
Minnesota Statutes 2022, section 245C.10, subdivision 3, is amended to read:
Subd. 3.
Personal care provider organizations.
The commissioner shall recover the
cost of background studies initiated by a personal care provider organization under sections
256B.0651 to 256B.0654 and 256B.0659 through a fee of no more than deleted text begin $42deleted text end new text begin $44new text end per study
charged to the organization responsible for submitting the background study form. The fees
collected under this subdivision are appropriated to the commissioner for the purpose of
conducting background studies.
Sec. 4.
Minnesota Statutes 2022, section 245C.10, subdivision 4, is amended to read:
Subd. 4.
Temporary personnel agencies, educational programs, and professional
services agencies.
The commissioner shall recover the cost of the background studies
initiated by temporary personnel agencies, educational programs, and professional services
agencies that initiate background studies under section 245C.03, subdivision 4, through a
fee of no more than deleted text begin $42deleted text end new text begin $44new text end per study charged to the agency. The fees collected under this
subdivision are appropriated to the commissioner for the purpose of conducting background
studies.
Sec. 5.
Minnesota Statutes 2022, section 245C.10, subdivision 5, is amended to read:
Subd. 5.
Adult foster care and family adult day services.
The commissioner shall
recover the cost of background studies required under section 245C.03, subdivision 1, for
the purposes of adult foster care and family adult day services licensing, through a fee of
no more than deleted text begin $42deleted text end new text begin $44new text end per study charged to the license holder. The fees collected under this
subdivision are appropriated to the commissioner for the purpose of conducting background
studies.
Sec. 6.
Minnesota Statutes 2022, section 245C.10, subdivision 6, is amended to read:
Subd. 6.
Unlicensed home and community-based waiver providers of service to
seniors and individuals with disabilities.
The commissioner shall recover the cost of
background studies initiated by unlicensed home and community-based waiver providers
of service to seniors and individuals with disabilities under section 256B.4912 through a
fee of no more than deleted text begin $42deleted text end new text begin $44new text end per study.
Sec. 7.
Minnesota Statutes 2022, section 245C.10, subdivision 8, is amended to read:
Subd. 8.
Children's therapeutic services and supports providers.
The commissioner
shall recover the cost of background studies required under section 245C.03, subdivision
7, for the purposes of children's therapeutic services and supports under section 256B.0943,
through a fee of no more than deleted text begin $42deleted text end new text begin $44new text end per study charged to the license holder. The fees
collected under this subdivision are appropriated to the commissioner for the purpose of
conducting background studies.
Sec. 8.
Minnesota Statutes 2022, section 245C.10, subdivision 9, is amended to read:
Subd. 9.
Human services licensed programs.
The commissioner shall recover the cost
of background studies required under section 245C.03, subdivision 1, for all programs that
are licensed by the commissioner, except child foster care when the applicant or license
holder resides in the home where child foster care services are provided, family child care,
child care centers, certified license-exempt child care centers, and legal nonlicensed child
care authorized under chapter 119B, through a fee of no more than deleted text begin $42deleted text end new text begin $44new text end per study charged
to the license holder. The fees collected under this subdivision are appropriated to the
commissioner for the purpose of conducting background studies.
Sec. 9.
Minnesota Statutes 2022, section 245C.10, subdivision 9a, is amended to read:
Subd. 9a.
Child care programs.
The commissioner shall recover the cost of a background
study required for family child care, certified license-exempt child care centers, licensed
child care centers, and legal nonlicensed child care providers authorized under chapter 119B
through a fee of no more than deleted text begin $40deleted text end new text begin $44new text end per study charged to the license holder. A fee of no
more than deleted text begin $42deleted text end new text begin $44new text end per study shall be charged for studies conducted under section 245C.05,
subdivision 5a, paragraph (a). The fees collected under this subdivision are appropriated to
the commissioner to conduct background studies.
Sec. 10.
Minnesota Statutes 2022, section 245C.10, subdivision 10, is amended to read:
Subd. 10.
Community first services and supports organizations.
The commissioner
shall recover the cost of background studies initiated by an agency-provider delivering
services under section 256B.85, subdivision 11, or a financial management services provider
providing service functions under section 256B.85, subdivision 13, through a fee of no more
than deleted text begin $42deleted text end new text begin $44new text end per study, charged to the organization responsible for submitting the background
study form. The fees collected under this subdivision are appropriated to the commissioner
for the purpose of conducting background studies.
Sec. 11.
Minnesota Statutes 2022, section 245C.10, subdivision 11, is amended to read:
Subd. 11.
Providers of housing support.
The commissioner shall recover the cost of
background studies initiated by providers of housing support under section 256I.04 through
a fee of no more than deleted text begin $42deleted text end new text begin $44new text end per study. The fees collected under this subdivision are
appropriated to the commissioner for the purpose of conducting background studies.
Sec. 12.
Minnesota Statutes 2022, section 245C.10, subdivision 12, is amended to read:
Subd. 12.
Child protection workers or social services staff having responsibility for
child protective duties.
The commissioner shall recover the cost of background studies
initiated by county social services agencies and local welfare agencies for individuals who
are required to have a background study under section 260E.36, subdivision 3, through a
fee of no more than deleted text begin $42deleted text end new text begin $44new text end per study. The fees collected under this subdivision are
appropriated to the commissioner for the purpose of conducting background studies.
Sec. 13.
Minnesota Statutes 2022, section 245C.10, subdivision 13, is amended to read:
Subd. 13.
Providers of special transportation service.
The commissioner shall recover
the cost of background studies initiated by providers of special transportation service under
section 174.30 through a fee of no more than deleted text begin $42deleted text end new text begin $44new text end per study. The fees collected under
this subdivision are appropriated to the commissioner for the purpose of conducting
background studies.
Sec. 14.
Minnesota Statutes 2022, section 245C.10, subdivision 14, is amended to read:
Subd. 14.
Children's residential facilities.
The commissioner shall recover the cost of
background studies initiated by a licensed children's residential facility through a fee of no
more than deleted text begin $51deleted text end new text begin $53new text end per study. Fees collected under this subdivision are appropriated to the
commissioner for purposes of conducting background studies.
Sec. 15.
Minnesota Statutes 2022, section 245C.10, subdivision 16, is amended to read:
Subd. 16.
Providers of housing support services.
The commissioner shall recover the
cost of background studies initiated by providers of housing support services under section
256B.051 through a fee of no more than deleted text begin $42deleted text end new text begin $44new text end per study. The fees collected under this
subdivision are appropriated to the commissioner for the purpose of conducting background
studies.
Sec. 16.
Minnesota Statutes 2022, section 245C.10, subdivision 17, is amended to read:
Subd. 17.
Early intensive developmental and behavioral intervention providers.
The
commissioner shall recover the cost of background studies required under section 245C.03,
subdivision 15, for the purposes of early intensive developmental and behavioral intervention
under section 256B.0949, through a fee of no more than deleted text begin $42deleted text end new text begin $44new text end per study charged to the
enrolled agency. The fees collected under this subdivision are appropriated to the
commissioner for the purpose of conducting background studies.
Sec. 17.
Minnesota Statutes 2022, section 245C.10, subdivision 20, is amended to read:
Subd. 20.
Professional Educators Licensing Standards Board.
The commissioner
shall recover the cost of background studies initiated by the Professional Educators Licensing
Standards Board through a fee of no more than deleted text begin $51deleted text end new text begin $53new text end per study. Fees collected under this
subdivision are appropriated to the commissioner for purposes of conducting background
studies.
Sec. 18.
Minnesota Statutes 2022, section 245C.10, subdivision 21, is amended to read:
Subd. 21.
Board of School Administrators.
The commissioner shall recover the cost
of background studies initiated by the Board of School Administrators through a fee of no
more than deleted text begin $51deleted text end new text begin $53new text end per study. Fees collected under this subdivision are appropriated to the
commissioner for purposes of conducting background studies.
Sec. 19.
Minnesota Statutes 2022, section 245C.10, is amended by adding a subdivision
to read:
new text begin Subd. 22. new text end
new text begin Tribal organizations. new text end
new text begin
The commissioner shall recover the cost of background
studies initiated by Tribal organizations under section 245C.34 for adoption and child foster
care. The fee amount shall be established through interagency agreements between the
commissioner and Tribal organizations or their designees. The fees collected under this
subdivision shall be deposited in the special revenue fund and are appropriated to the
commissioner for the purpose of conducting background studies and criminal background
checks. This change shall go into effect July 1, 2024.
new text end
Sec. 20.
Minnesota Statutes 2022, section 245C.32, subdivision 2, is amended to read:
Subd. 2.
Use.
(a) The commissioner may also use these systems and records to obtain
and provide criminal history data from the Bureau of Criminal Apprehension, criminal
history data held by the commissioner, and data about substantiated maltreatment under
section 626.557 or chapter 260E, for other purposes, provided that:
(1) the background study is specifically authorized in statute; or
(2) the request is made with the informed consent of the subject of the study as provided
in section 13.05, subdivision 4.
(b) An individual making a request under paragraph (a), clause (2), must agree in writing
not to disclose the data to any other individual without the consent of the subject of the data.
new text begin
(c) The commissioner may use these systems to share background study documentation
electronically with entities and individuals who are the subject of a background study.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end The commissioner may recover the cost of obtaining and providing background
study data by charging the individual or entity requesting the study a fee deleted text begin of no more than
$42 per studydeleted text end new text begin as described in section 245C.10new text end . The fees collected under this paragraph are
appropriated to the commissioner for the purpose of conducting background studies.
Sec. 21.
new text begin
[245J.01] TITLE.
new text end
new text begin
This chapter may be cited as the "Department of Human Services Public Law Background
Studies Act."
new text end
Sec. 22.
new text begin
[245J.02] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
The definitions in this section apply to this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Access to persons served by a program. new text end
new text begin
"Access to persons served by a
program" means physical access to persons receiving services, access to the persons' personal
property, or access to the persons' personal, financial, or health information, without
continuous, direct supervision, as defined in subdivision 8.
new text end
new text begin Subd. 3. new text end
new text begin Applicant. new text end
new text begin
"Applicant" has the meaning given in section 245A.02, subdivision
3, and applies to entities listed in section 245J.03.
new text end
new text begin Subd. 4. new text end
new text begin Authorized fingerprint collection vendor. new text end
new text begin
"Authorized fingerprint collection
vendor" means a qualified organization under a written contract with the commissioner to
provide services in accordance with section 245J.05, subdivision 6, paragraph (a).
new text end
new text begin Subd. 5. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of human services.
new text end
new text begin Subd. 6. new text end
new text begin Continuous, direct supervision. new text end
new text begin
"Continuous, direct supervision" means an
individual is within sight or hearing of the entity's supervising individual to the extent that
the program's supervising individual is capable at all times of intervening to protect the
health and safety of the persons served by the program.
new text end
new text begin Subd. 7. new text end
new text begin Conviction. new text end
new text begin
"Conviction" has the meaning given in section 609.02, subdivision
5.
new text end
new text begin Subd. 8. new text end
new text begin Direct contact. new text end
new text begin
"Direct contact" means providing face-to-face care, training,
supervision, counseling, consultation, or medication assistance to persons served by the
program.
new text end
new text begin Subd. 9. new text end
new text begin Employee. new text end
new text begin
"Employee" means an individual who provides or seeks to provide
services for an entity with which the employee is affiliated in NETStudy 2.0 and who is
subject to oversight by the entity, including but not limited to continuous, direct supervision
and immediate removal from providing direct care services.
new text end
new text begin Subd. 10. new text end
new text begin Entity. new text end
new text begin
"Entity" means a program, organization, or agency listed in section
245J.03.
new text end
new text begin Subd. 11. new text end
new text begin License. new text end
new text begin
"License" has the meaning given in section 245A.02, subdivision 8.
new text end
new text begin Subd. 12. new text end
new text begin License holder. new text end
new text begin
"License holder" has the meaning given in section 245A.02,
subdivision 9, and applies to entities listed in section 245J.03.
new text end
new text begin Subd. 13. new text end
new text begin National criminal history record check. new text end
new text begin
(a) "National criminal history record
check" means a check of records maintained by the Federal Bureau of Investigation through
submission of fingerprints through the Bureau of Criminal Apprehension to the Federal
Bureau of Investigation, when specifically required by law.
new text end
new text begin
(b) For the purposes of this chapter, "national crime information database," "national
criminal records repository," "criminal history with the Federal Bureau of Investigation,"
and "national criminal record check" refer to a national criminal history record check as
defined in this subdivision.
new text end
new text begin Subd. 14. new text end
new text begin NETStudy 2.0. new text end
new text begin
"NETStudy 2.0" means the commissioner's system that replaces
both NETStudy and the department's internal background study processing system. NETStudy
2.0 is designed to enhance protection of children and vulnerable adults by improving the
accuracy of background studies through fingerprint-based criminal record checks and
expanding the background studies to include a review of information from the Minnesota
Court Information System and the national crime information database. NETStudy 2.0 is
also designed to increase efficiencies in and the speed of the hiring process by:
new text end
new text begin
(1) providing access to and updates from public web-based data related to employment
eligibility;
new text end
new text begin
(2) decreasing the need for repeat studies through electronic updates of background
study subjects' criminal records;
new text end
new text begin
(3) supporting identity verification using subjects' Social Security numbers and
photographs;
new text end
new text begin
(4) using electronic employer notifications; and
new text end
new text begin
(5) issuing immediate verification of subjects' eligibility to provide services as more
studies are completed under the NETStudy 2.0 system.
new text end
new text begin Subd. 15. new text end
new text begin Person. new text end
new text begin
"Person" means a child as defined in subdivision 6 or an adult as
defined in section 245A.02, subdivision 2.
new text end
new text begin Subd. 16. new text end
new text begin Public law background study. new text end
new text begin
"Public law background study" means a
background study conducted by the Department of Human Services under this chapter. All
data obtained by the commissioner for a background study completed under this chapter
shall be classified as private data.
new text end
new text begin Subd. 17. new text end
new text begin Reasonable cause. new text end
new text begin
"Reasonable cause" means information or circumstances
exist that provide the commissioner with articulable suspicion that further pertinent
information may exist concerning a subject. The commissioner has reasonable cause to
require a background study when the commissioner has received a report from the subject,
the entity, or a third party indicating that the subject has a history that would disqualify the
individual or that may pose a risk to the health or safety of persons receiving services.
new text end
new text begin Subd. 18. new text end
new text begin Reasonable cause to require a national criminal history record check. new text end
new text begin
(a)
"Reasonable cause to require a national criminal history record check" means information
or circumstances exist that provide the commissioner with articulable suspicion that further
pertinent information may exist concerning a background study subject that merits conducting
a national criminal history record check on that subject. The commissioner has reasonable
cause to require a national criminal history record check when:
new text end
new text begin
(1) information from the Bureau of Criminal Apprehension indicates that the subject is
a multistate offender;
new text end
new text begin
(2) information from the Bureau of Criminal Apprehension indicates that multistate
offender status is undetermined;
new text end
new text begin
(3) the commissioner has received a report from the subject or a third party indicating
that the subject has a criminal history in a jurisdiction other than Minnesota; or
new text end
new text begin
(4) information from the Bureau of Criminal Apprehension for a state-based name and
date of birth background study in which the subject is a minor that indicates that the subject
has a criminal history.
new text end
new text begin
(b) In addition to the circumstances described in paragraph (a), the commissioner has
reasonable cause to require a national criminal history record check if the subject is not
currently residing in Minnesota or resided in a jurisdiction other than Minnesota during the
previous five years.
new text end
new text begin Subd. 19. new text end
new text begin Recurring maltreatment. new text end
new text begin
"Recurring maltreatment" means more than one
incident of maltreatment for which there is a preponderance of evidence that the maltreatment
occurred and that the subject was responsible for the maltreatment.
new text end
new text begin Subd. 20. new text end
new text begin Results. new text end
new text begin
"Results" means a determination that a study subject is eligible,
disqualified, set aside, granted a variance, or that more time is needed to complete the
background study.
new text end
new text begin Subd. 21. new text end
new text begin Roster. new text end
new text begin
(a) "Roster" means the electronic method used to identify the entity
or entities required to conduct background studies under this chapter with which a background
subject is affiliated. There are three types of rosters: active roster, inactive roster, and master
roster.
new text end
new text begin
(b) "Active roster" means the list of individuals specific to an entity who have been
determined eligible under this chapter to provide services for the entity and who the entity
has identified as affiliated. An individual shall remain on the entity's active roster and is
considered affiliated until the commissioner determines the individual is ineligible or the
entity removes the individual from the entity's active roster.
new text end
new text begin
(c) "Inactive roster" means the list maintained by the commissioner of individuals who
are eligible under this chapter to provide services and are not on an active roster. Individuals
shall remain on the inactive roster for no more than 180 consecutive days, unless the
individual submits a written request to the commissioner requesting to remain on the inactive
roster for a longer period of time. Upon the commissioner's receipt of information that may
cause an individual on the inactive roster to be disqualified under this chapter, the
commissioner shall remove the individual from the inactive roster, and if the individual
again seeks a position requiring a background study, the individual shall be required to
complete a new background study.
new text end
new text begin
(d) "Master roster" means the list maintained by the commissioner of all individuals
who, as a result of a background study under this chapter, and regardless of affiliation with
an entity, are determined by the commissioner to be eligible to provide services for one or
more entities. The master roster includes all background study subjects on rosters under
paragraphs (b) and (c).
new text end
new text begin Subd. 22. new text end
new text begin Serious maltreatment. new text end
new text begin
(a) "Serious maltreatment" means sexual abuse,
maltreatment resulting in death, neglect resulting in serious injury which reasonably requires
the care of a physician or advanced practice registered nurse, whether or not the care of a
physician or advanced practice registered nurse was sought, or abuse resulting in serious
injury.
new text end
new text begin
(b) For purposes of this definition, "care of a physician or advanced practice registered
nurse" is treatment received or ordered by a physician, physician assistant, advanced practice
registered nurse, or nurse practitioner, but does not include:
new text end
new text begin
(1) diagnostic testing, assessment, or observation;
new text end
new text begin
(2) the application of, recommendation to use, or prescription solely for a remedy that
is available over the counter without a prescription; or
new text end
new text begin
(3) a prescription solely for a topical antibiotic to treat burns when there is no follow-up
appointment.
new text end
new text begin
(c) For purposes of this definition, "abuse resulting in serious injury" means: bruises,
bites, skin laceration, or tissue damage; fractures; dislocations; evidence of internal injuries;
head injuries with loss of consciousness; extensive second-degree or third-degree burns and
other burns for which complications are present; extensive second-degree or third-degree
frostbite and other frostbite for which complications are present; irreversible mobility or
avulsion of teeth; injuries to the eyes; ingestion of foreign substances and objects that are
harmful; near drowning; and heat exhaustion or sunstroke.
new text end
new text begin
(d) Serious maltreatment includes neglect when it results in criminal sexual conduct
against a child or vulnerable adult.
new text end
new text begin Subd. 23. new text end
new text begin Subject of a background study. new text end
new text begin
"Subject of a background study" means an
individual on whom a public law background study is required or completed.
new text end
new text begin Subd. 24. new text end
new text begin Volunteer. new text end
new text begin
"Volunteer" means an individual who provides or seeks to provide
services for an entity without compensation, is affiliated in NETStudy 2.0, and is subject
to oversight by the entity, including but not limited to continuous, direct supervision and
immediate removal from providing direct care services.
new text end
Sec. 23.
new text begin
[245J.03] PUBLIC LAW BACKGROUND STUDY; INDIVIDUALS TO BE
STUDIED.
new text end
new text begin Subdivision 1. new text end
new text begin
Classification of public law background study data; access to
information.
new text end
new text begin
All data obtained by the commissioner for a background study completed
under this chapter shall be classified as private data.
new text end
new text begin Subd. 2. new text end
new text begin Minnesota Sex Offender Program. new text end
new text begin
The commissioner shall conduct a public
law background study under this chapter for an employee having direct contact with persons
civilly committed to the Minnesota Sex Offender Program operated by the commissioner
under chapters 246B and 253D.
new text end
Sec. 24.
new text begin
[245J.04] WHEN BACKGROUND STUDY MUST OCCUR.
new text end
new text begin Subdivision 1. new text end
new text begin Initial studies. new text end
new text begin
(a) An entity in section 245J.03 shall initiate a background
study:
new text end
new text begin
(1) for an individual in NETStudy 2.0, upon application for initial license. All license
holders must be on the entity's active roster with a status of eligible, set aside, or variance
granted;
new text end
new text begin
(2) for a current or prospective employee in NETStudy 2.0, before the individual will
have direct contact with persons receiving services; and
new text end
new text begin
(3) for a volunteer in NETStudy 2.0, before the volunteer will have direct contact with
persons served by the program, if the contact is not under the continuous, direct supervision
by an individual listed in clause (1) or (2).
new text end
new text begin
(b) The commissioner is not required to conduct a study of an individual at the time of
reapplication for a license if the individual's background study was completed by the
commissioner of human services and the following conditions are met:
new text end
new text begin
(1) a study of the individual was conducted either at the time of initial licensure or when
the individual became affiliated with the license holder;
new text end
new text begin
(2) the individual has been continuously affiliated with the license holder since the last
study was conducted; and
new text end
new text begin
(3) the last study of the individual was conducted on or after October 1, 1995.
new text end
new text begin
(c) Applicants for licensure, license holders, and entities as provided in this chapter must
submit completed background study requests to the commissioner using NETStudy 2.0
before individuals specified in section 245J.03, subdivision 1, begin positions allowing
direct contact in the program.
new text end
new text begin
(d) For an individual who is not on the entity's active roster, the entity must initiate a
new background study through NETStudy 2.0 when:
new text end
new text begin
(1) an individual returns to a position requiring a background study following an absence
of 120 or more consecutive days; or
new text end
new text begin
(2) a program that discontinued providing licensed direct contact services for 120 or
more consecutive days begins to provide direct contact licensed services again.
new text end
new text begin
The entity shall maintain a copy of the notification provided to the commissioner under this
paragraph in the program's files. If the individual's disqualification was previously set aside
for the license holder's program and the new background study results in no new information
that indicates the individual may pose a risk of harm to persons receiving services from the
entity, the previous set-aside shall remain in effect.
new text end
new text begin
(e) For purposes of this section, a physician licensed under chapter 147 or an advanced
practice registered nurse licensed under chapter 148 who is required to have a background
study under this chapter is considered to be continuously affiliated upon the license holder's
receipt from the commissioner of human services of the physician's or advanced practice
registered nurse's background study results.
new text end
new text begin Subd. 2. new text end
new text begin
Public law background studies; electronic criminal case information
updates; rosters; criteria for eliminating repeat background studies.
new text end
new text begin
(a) The
commissioner shall implement the electronic process in NETStudy 2.0 for the regular transfer
of new criminal case information that is added to the Minnesota Court Information System.
The commissioner's system must include for review only information that relates to
individuals who are on the master roster.
new text end
new text begin
(b) The commissioner shall develop and implement an online system as a part of
NETStudy 2.0 for entities that initiate background studies under this chapter to access and
maintain records of background studies initiated by that entity. The system must show all
active background study subjects affiliated with that entity and the status of each individual's
background study. Each entity that initiates background studies must use this system to
notify the commissioner of discontinued affiliation for purposes of the processes required
under paragraph (a).
new text end
new text begin Subd. 3. new text end
new text begin New study required with legal name change. new text end
new text begin
(a) For a background study
completed on an individual required to be studied under section 245J.03, the license holder
or other entity that initiated the background study must initiate a new background study
using NETStudy 2.0 when an individual who is affiliated with the license holder or other
entity undergoes a legal name change.
new text end
new text begin
(b) For background studies subject to a fee paid through NETStudy 2.0, the entity that
initiated the study may initiate a new study under paragraph (a) or notify the commissioner
of the name change through a notice to the commissioner.
new text end
new text begin
(c) After an entity initiating a background study has paid the applicable fee for the study
and has provided the individual with the privacy notice required under section 245J.05,
subdivision 3, NETStudy 2.0 shall immediately inform the entity whether the individual
requires a background study or whether the individual is immediately eligible to provide
services based on a previous background study. If the individual is immediately eligible,
the entity initiating the background study shall be able to view the information previously
supplied by the individual who is the subject of a background study as required under section
245J.05, subdivision 1, including the individual's photograph taken at the time the individual's
fingerprints were recorded. The commissioner shall not provide any entity initiating a
subsequent background study with information regarding the other entities that initiated
background studies on the subject.
new text end
new text begin
(d) Verification that an individual is eligible to provide services based on a previous
background study is dependent on the individual voluntarily providing the individual's
Social Security number to the commissioner at the time each background study is initiated.
When an individual does not provide the individual's Social Security number for the
background study, that study is not transferable and a repeat background study on that
individual is required if the individual seeks a position requiring a background study under
this chapter with another entity.
new text end
Sec. 25.
new text begin
[245J.05] BACKGROUND STUDY; INFORMATION AND DATA
PROVIDED TO COMMISSIONER.
new text end
new text begin Subdivision 1. new text end
new text begin Study submitted. new text end
new text begin
The entity with which the background study subject
is seeking affiliation through employment, volunteering, or licensure shall initiate the
background study in NETStudy 2.0.
new text end
new text begin Subd. 2. new text end
new text begin Individual studied. new text end
new text begin
(a) The individual who is the subject of the background
study must provide the applicant, license holder, or other entity under section 245J.04 with
sufficient information to ensure an accurate study, including:
new text end
new text begin
(1) the individual's first, middle, and last name and all other names by which the
individual has been known;
new text end
new text begin
(2) current home address, city, and state of residence;
new text end
new text begin
(3) current zip code;
new text end
new text begin
(4) sex;
new text end
new text begin
(5) date of birth;
new text end
new text begin
(6) driver's license number or state identification number; and
new text end
new text begin
(7) the home address, city, county, and state of residence for the past five years.
new text end
new text begin
(b) The subject of a background study shall provide fingerprints and a photograph as
required in subdivision 6.
new text end
new text begin Subd. 3. new text end
new text begin Entity. new text end
new text begin
(a) The entity initiating a background study as provided in this chapter
shall verify that the information collected under subdivision 1 about an individual who is
the subject of the background study is correct and must provide the information on forms
or in a manner prescribed by the commissioner.
new text end
new text begin
(b) The information collected under subdivision 1 about an individual who is the subject
of a completed background study may only be viewable by an entity that initiates a
subsequent background study on that individual under NETStudy 2.0 after the entity has
paid the applicable fee for the study and has provided the individual with the privacy notice
in subdivision 4.
new text end
new text begin Subd. 4. new text end
new text begin Privacy notice to background study subject. new text end
new text begin
(a) Prior to initiating each
background study, the entity initiating the study must provide the commissioner's privacy
notice to the background study subject required under section 13.04, subdivision 2. The
notice must be available through the commissioner's electronic NETStudy 2.0 system and
shall include information that the individual has a disqualification that has been set aside
for the entity that initiated the study.
new text end
new text begin
(b) The background study subject must also be informed that:
new text end
new text begin
(1) the subject's fingerprints collected for purposes of completing the background study
under this chapter must not be retained by the Department of Public Safety, the Bureau of
Criminal Apprehension, or the commissioner. The Federal Bureau of Investigation will not
retain background study subjects' fingerprints;
new text end
new text begin
(2) the subject's photograph will be retained by the commissioner, and if the subject has
provided the subject's Social Security number for purposes of the background study, the
photograph will be available to prospective employers and agencies initiating background
studies under this chapter to verify the identity of the subject of the background study;
new text end
new text begin
(3) the authorized fingerprint collection vendor or vendors shall, for purposes of verifying
the identity of the background study subject, be able to view the identifying information
entered into NETStudy 2.0 by the entity that initiated the background study, but shall not
retain the subject's fingerprints, photograph, or information from NETStudy 2.0. The
authorized fingerprint collection vendor or vendors shall retain no more than the subject's
name and the date and time the subject's fingerprints were recorded and sent, only as
necessary for auditing and billing activities;
new text end
new text begin
(4) the commissioner shall provide the subject notice, as required in section 245J.15,
subdivision 1, paragraph (a), when an entity initiates a background study on the individual;
new text end
new text begin
(5) the subject may request in writing a report listing the entities that initiated a
background study on the subject as provided in section 245J.15, subdivision 1, paragraph
(b);
new text end
new text begin
(6) the subject may request in writing that information used to complete the individual's
background study in NETStudy 2.0 be destroyed if the requirements of section 245J.06,
paragraph (a), are met; and
new text end
new text begin
(7) notwithstanding clause (6), the commissioner shall destroy:
new text end
new text begin
(i) the subject's photograph after a period of two years when the requirements of section
245J.06, paragraph (c), are met; and
new text end
new text begin
(ii) any data collected on a subject under this chapter after a period of two years following
the individual's death as provided in section 245J.06, paragraph (d).
new text end
new text begin Subd. 5. new text end
new text begin Fingerprint data notification. new text end
new text begin
The commissioner of human services shall
notify all background study subjects under this chapter that the Department of Human
Services, Department of Public Safety, and the Bureau of Criminal Apprehension do not
retain fingerprint data after a background study is completed, and that the Federal Bureau
of Investigation does not retain background study subjects' fingerprints.
new text end
new text begin Subd. 6. new text end
new text begin Electronic transmission. new text end
new text begin
(a) The commissioner shall implement a secure
system for the electronic transmission of:
new text end
new text begin
(1) background study information to the commissioner; and
new text end
new text begin
(2) background study results to the license holder.
new text end
new text begin
(b) Unless the commissioner has granted a hardship variance under paragraph (c), a
license holder or an applicant must use the electronic transmission system known as
NETStudy or NETStudy 2.0 to submit all requests for background studies to the
commissioner as required by this chapter.
new text end
new text begin
(c) A license holder or applicant whose program is located in an area in which high-speed
Internet is inaccessible may request the commissioner to grant a variance to the electronic
transmission requirement.
new text end
new text begin
(d) Section 245J.08, subdivision 3, paragraph (c), applies to results transmitted under
this subdivision.
new text end
new text begin Subd. 7. new text end
new text begin Fingerprints and photograph. new text end
new text begin
(a) Except as provided in paragraph (f), every
subject of a background study must provide the commissioner with a set of the background
study subject's classifiable fingerprints and photograph. The photograph and fingerprints
must be recorded at the same time by the authorized fingerprint collection vendor or vendors
and sent to the commissioner through the commissioner's secure data system described in
section 245J.29, subdivision 1a, paragraph (b).
new text end
new text begin
(b) The fingerprints shall be submitted by the commissioner to the Bureau of Criminal
Apprehension and, when specifically required by law, submitted to the Federal Bureau of
Investigation for a national criminal history record check.
new text end
new text begin
(c) The fingerprints must not be retained by the Department of Public Safety, the Bureau
of Criminal Apprehension, or the commissioner. The Federal Bureau of Investigation will
not retain background study subjects' fingerprints.
new text end
new text begin
(d) The authorized fingerprint collection vendor or vendors shall, for purposes of verifying
the identity of the background study subject, be able to view the identifying information
entered into NETStudy 2.0 by the entity that initiated the background study, but shall not
retain the subject's fingerprints, photograph, or information from NETStudy 2.0. The
authorized fingerprint collection vendor or vendors shall retain no more than the name, date,
and time the subject's fingerprints were recorded and sent, only as necessary for auditing
and billing activities.
new text end
new text begin
(e) For any background study conducted under this chapter, the subject shall provide
the commissioner with a set of classifiable fingerprints when the commissioner has reasonable
cause to require a national criminal history record check as defined in section 245J.02,
subdivision 13.
new text end
new text begin
(f) A study subject is not required to submit fingerprints and a photograph for a new
study if they currently have an eligible background study status on an active roster or on
the master roster. The entity initiating the new study shall have access to the eligible status
upon completion of the initiation and payment process.
new text end
new text begin
(g) The commissioner may inform the entity that initiated the background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.
new text end
new text begin Subd. 8. new text end
new text begin Applicant, license holder, and entity. new text end
new text begin
(a) The applicant, license holder, entity
as provided in this chapter, Bureau of Criminal Apprehension, law enforcement agencies,
commissioner of health, and county agencies shall help with the study by giving the
commissioner criminal conviction data and reports about the maltreatment of adults
substantiated under section 626.557 and the maltreatment of minors substantiated under
chapter 260E.
new text end
new text begin
(b) If a background study is initiated by an applicant, license holder, or entity as provided
in this chapter, and the applicant, license holder, or entity receives information about the
possible criminal or maltreatment history of an individual who is the subject of the
background study, the applicant, license holder, or entity must immediately provide the
information to the commissioner.
new text end
new text begin
(c) The applicant, license holder, entity, or county or other agency must provide written
notice to the individual who is the subject of the background study of the requirements
under this subdivision.
new text end
new text begin Subd. 9. new text end
new text begin Probation officer and corrections agent. new text end
new text begin
(a) A probation officer or corrections
agent shall notify the commissioner of an individual's conviction if the individual:
new text end
new text begin
(1) has been affiliated with a program or facility regulated by the Department of Human
Services or Department of Health, a facility serving children or youth licensed by the
Department of Corrections, or any type of home care agency or provider of personal care
assistance services within the preceding year; and
new text end
new text begin
(2) has been convicted of a crime constituting a disqualification under section 245J.14.
new text end
new text begin
(b) The commissioner, in consultation with the commissioner of corrections, shall develop
forms and information necessary to implement this subdivision and shall provide the forms
and information to the commissioner of corrections for distribution to local probation officers
and corrections agents.
new text end
new text begin
(c) The commissioner shall inform individuals subject to a background study that criminal
convictions for disqualifying crimes shall be reported to the commissioner by the corrections
system.
new text end
new text begin
(d) A probation officer, corrections agent, or corrections agency is not civilly or criminally
liable for disclosing or failing to disclose the information required by this subdivision.
new text end
new text begin
(e) Upon receipt of disqualifying information, the commissioner shall provide the notice
required under section 245J.17, as appropriate, to entities on whose active rosters the study
subject is affiliated.
new text end
Sec. 26.
new text begin
[245J.06] DESTRUCTION OF BACKGROUND STUDY SUBJECT
INFORMATION.
new text end
new text begin
(a) A background study subject may request in writing to the commissioner that
information used to complete the individual's study in NETStudy 2.0 be destroyed if the
individual:
new text end
new text begin
(1) has not been affiliated with any entity for the previous two years; and
new text end
new text begin
(2) has no current disqualifying characteristic.
new text end
new text begin
(b) After receiving the request and verifying the information in paragraph (a), the
commissioner shall destroy the information used to complete the subject's background study
and shall keep a record of the subject's name and a notation of the date that the information
was destroyed.
new text end
new text begin
(c) When a previously studied individual has not been on the master roster for two years,
the commissioner shall destroy the photographic image of the individual obtained under
section 245J.05, subdivision 7, paragraph (a).
new text end
new text begin
(d) Any data collected on an individual under this chapter that is maintained by the
commissioner that has not been destroyed according to paragraph (b) or (c) shall be destroyed
when two years have elapsed from the individual's actual death that is reported to the
commissioner or when 90 years have elapsed since the individual's birth except when readily
available data indicate that the individual is still living.
new text end
Sec. 27.
new text begin
[245J.07] STUDY SUBJECT AFFILIATED WITH MULTIPLE
FACILITIES.
new text end
new text begin
(a) Subject to the conditions in paragraph (c), when a license holder, applicant, or other
entity owns multiple programs or services that are licensed by the same agency, only one
background study is required for an individual who provides direct contact services in one
or more of the licensed programs or services if:
new text end
new text begin
(1) the license holder designates one individual with one address and telephone number
as the person to receive sensitive background study information for the multiple licensed
programs or services that depend on the same background study; and
new text end
new text begin
(2) the individual designated to receive the sensitive background study information is
capable of determining, upon request of the department, whether a background study subject
is providing direct contact services in one or more of the license holder's programs or services
and, if so, at which location or locations.
new text end
new text begin
(b) When a license holder maintains background study compliance for multiple licensed
programs according to paragraph (a), and one or more of the licensed programs closes, the
license holder shall immediately notify the commissioner which staff must be transferred
to an active license so that the background studies can be electronically paired with the
license holder's active program.
new text end
new text begin
(c) For an entity operating under NETStudy 2.0, the entity's active roster must be the
system used to document when a background study subject is affiliated with multiple entities.
For a background study to be transferable:
new text end
new text begin
(1) the background study subject must be on and moving to a roster for which the person
designated to receive sensitive background study information is the same; and
new text end
new text begin
(2) the same entity must own or legally control both the roster from which the transfer
is occurring and the roster to which the transfer is occurring. For an entity that holds or
controls multiple entities, there must be a common highest level entity that has a legally
identifiable structure that can be verified through records available from the secretary of
state.
new text end
Sec. 28.
new text begin
[245J.08] BACKGROUND STUDY; COMMISSIONER REVIEWS.
new text end
new text begin Subdivision 1. new text end
new text begin Background studies conducted by Department of Human Services. new text end
new text begin
(a)
For a background study conducted under this chapter, the commissioner shall review:
new text end
new text begin
(1) information related to findings of maltreatment of vulnerable adults that has been
received by the commissioner as required under section 626.557, subdivision 9c, paragraph
(j);
new text end
new text begin
(2) information related to findings of maltreatment of minors that has been received by
the commissioner as required under chapter 260E;
new text end
new text begin
(3) the commissioner's records relating to maltreatment in programs licensed by the
Department of Human Services and the Department of Health;
new text end
new text begin
(4) information from juvenile courts as required in subdivision 4 when there is reasonable
cause;
new text end
new text begin
(5) criminal history information from the Bureau of Criminal Apprehension, including
information regarding a background study subject's registration in Minnesota as a predatory
offender under section 243.166; and
new text end
new text begin
(6) information received as a result of a national criminal history record check, as defined
in section 245J.02, subdivision 13, when the commissioner has reasonable cause for a
national criminal history record check as defined under section 245J.02, subdivision 16.
new text end
new text begin
(b) Notwithstanding expungement by a court, the commissioner may consider information
obtained under this section, unless the commissioner received notice of the petition for
expungement and the court order for expungement is directed specifically to the
commissioner.
new text end
new text begin
(c) The commissioner shall also review criminal case information received according
to section 245J.04, subdivision 2, from the Minnesota Court Information System or Minnesota
Government Access that relates to individuals who are being studied or have already been
studied under this chapter and who remain affiliated with the agency that initiated the
background study.
new text end
new text begin Subd. 2. new text end
new text begin Arrest and investigative information. new text end
new text begin
(a) For any background study completed
under this chapter, if the commissioner has reasonable cause to believe the information is
pertinent to the potential disqualification of an individual, the commissioner also may review
arrest and investigative information from:
new text end
new text begin
(1) the Bureau of Criminal Apprehension;
new text end
new text begin
(2) the commissioners of health and human services;
new text end
new text begin
(3) a county attorney;
new text end
new text begin
(4) a county sheriff;
new text end
new text begin
(5) a county agency;
new text end
new text begin
(6) a local chief of police;
new text end
new text begin
(7) other states;
new text end
new text begin
(8) the courts;
new text end
new text begin
(9) the Federal Bureau of Investigation;
new text end
new text begin
(10) the National Criminal Records Repository; and
new text end
new text begin
(11) criminal records from other states.
new text end
new text begin
(b) Except when specifically required by law, the commissioner is not required to conduct
more than one review of a subject's records from a national criminal history record check
if a review of the subject's criminal history with the Federal Bureau of Investigation has
already been completed by the commissioner and there has been no break in the subject's
affiliation with the entity that initiated the background study.
new text end
new text begin Subd. 3. new text end
new text begin Juvenile court records. new text end
new text begin
(a) For a background study conducted by the
Department of Human Services, the commissioner shall review records from the juvenile
courts for an individual studied under this chapter when the commissioner has reasonable
cause.
new text end
new text begin
(b) The juvenile courts shall help with the study by giving the commissioner existing
juvenile court records relating to delinquency proceedings held on individuals studied under
this chapter when requested pursuant to this subdivision.
new text end
new text begin
(c) For purposes of this chapter, a finding that a delinquency petition is proven in juvenile
court shall be considered a conviction in state district court.
new text end
new text begin
(d) Juvenile courts shall provide orders of involuntary and voluntary termination of
parental rights under section 260C.301 to the commissioner upon request for purposes of
conducting a background study under this chapter.
new text end
Sec. 29.
new text begin
[245J.09] FAILURE OR REFUSAL TO COOPERATE WITH
BACKGROUND STUDY.
new text end
new text begin Subdivision 1. new text end
new text begin Disqualification; licensing action. new text end
new text begin
An applicant's, license holder's, or
other entity's failure or refusal to cooperate with the commissioner, including failure to
provide additional information required under section 245J.05, is reasonable cause to
disqualify a subject, deny a license application, or immediately suspend or revoke a license
or registration.
new text end
new text begin Subd. 2. new text end
new text begin Employment action. new text end
new text begin
An individual's failure or refusal to cooperate with the
background study is just cause for denying or terminating employment of the individual if
the individual's failure or refusal to cooperate could cause the applicant's application to be
denied or the license holder's license to be immediately suspended or revoked.
new text end
Sec. 30.
new text begin
[245J.10] BACKGROUND STUDY; FEES.
new text end
new text begin Subdivision 1. new text end
new text begin Expenses. new text end
new text begin
Section 181.645 does not apply to background studies
completed under this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Background study fees. new text end
new text begin
(a) The commissioner shall recover the cost of
background studies. Except as otherwise provided in subdivisions 3 and 4, the fees collected
under this section shall be appropriated to the commissioner for the purpose of conducting
background studies under this chapter. Fees under this section are charges under section
16A.1283, paragraph (b), clause (3).
new text end
new text begin
(b) Background study fees may include:
new text end
new text begin
(1) a fee to compensate the commissioner's authorized fingerprint collection vendor or
vendors for obtaining and processing a background study subject's classifiable fingerprints
and photograph pursuant to subdivision 3; and
new text end
new text begin
(2) a separate fee under subdivision 3 to complete a review of background-study-related
records as authorized under this chapter.
new text end
new text begin
(c) Fees charged under paragraph (b) may be paid in whole or in part when authorized
by law by a state agency or board; by state court administration; by a service provider,
employer, license holder, or other entity that initiates the background study; by the
commissioner or other organization with duly appropriated funds; by a background study
subject; or by some combination of these sources.
new text end
new text begin Subd. 3. new text end
new text begin Fingerprint and photograph processing fees. new text end
new text begin
The commissioner shall enter
into a contract with a qualified vendor or vendors to obtain and process a background study
subject's classifiable fingerprints and photograph as required by section 245J.05. The
commissioner may, at their discretion, directly collect fees and reimburse the commissioner's
authorized fingerprint collection vendor for the vendor's services or require the vendor to
collect the fees. The authorized vendor is responsible for reimbursing the vendor's
subcontractors at a rate specified in the contract with the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin National criminal history record check fees. new text end
new text begin
The commissioner may increase
background study fees as necessary, commensurate with an increase in the national criminal
history record check fee. The commissioner shall report any fee increase under this
subdivision to the legislature during the legislative session following the fee increase, so
that the legislature may consider adoption of the fee increase into statute. By July 1 of every
year, background study fees shall be set at the amount adopted by the legislature under this
section.
new text end
new text begin Subd. 5. new text end
new text begin Minnesota Sex Offender Program. new text end
new text begin
The commissioner shall recover the cost
of background studies for the Minnesota Sex Offender Program required under section
245J.03, subdivision 1, through a fee of no more than $42 per study charged to the entity
submitting the study. The fees collected under this subdivision are appropriated to the
commissioner for the purpose of conducting background studies.
new text end
Sec. 31.
new text begin
[245J.11] BACKGROUND STUDY PROCESSING.
new text end
new text begin Subdivision 1. new text end
new text begin Completion of background study. new text end
new text begin
Upon receipt of the background
study forms from an entity required to initiate a background study under this chapter, the
commissioner shall complete the background study and provide the notice required under
section 245J.15, subdivision 1.
new text end
new text begin Subd. 2. new text end
new text begin Activities pending completion of background study. new text end
new text begin
(a) The subject of a
background study may not perform any activity requiring a background study under
paragraph (c) until the commissioner has issued one of the notices under paragraph (b).
new text end
new text begin
(b) Notices from the commissioner required prior to activity under paragraph (c) include:
new text end
new text begin
(1) a notice of the study results under section 245J.15 stating that:
new text end
new text begin
(i) the individual is not disqualified; or
new text end
new text begin
(ii) more time is needed to complete the study but the individual is not required to be
removed from direct contact or access to people receiving services prior to completion of
the study as provided under section 245J.15, subdivision 1, paragraph (b) or (c). The notice
that more time is needed to complete the study must also indicate whether the individual is
required to be under continuous direct supervision prior to completion of the background
study;
new text end
new text begin
(2) a notice that a disqualification has been set aside under section 245J.21; or
new text end
new text begin
(3) a notice that a variance has been granted related to the individual under section
245J.27.
new text end
new text begin
(c) Activities prohibited prior to receipt of notice under paragraph (b) include:
new text end
new text begin
(1) being issued a license; or
new text end
new text begin
(2) providing direct contact services to persons served by a program unless the subject
is under continuous direct supervision.
new text end
new text begin Subd. 3. new text end
new text begin Other state information. new text end
new text begin
If the commissioner has not received criminal, sex
offender, or maltreatment information from another state that is required to be reviewed
under this chapter within ten days of requesting the information, and the lack of the
information is the only reason that a notice is issued under subdivision 2, paragraph (b),
clause (1), item (ii), the commissioner may issue a notice under subdivision 2, paragraph
(b), clause (1), item (i). The commissioner may take action on information received from
other states after issuing a notice under subdivision 2, paragraph (b), clause (1), item (ii).
new text end
Sec. 32.
new text begin
[245J.12] DISQUALIFICATION.
new text end
new text begin Subdivision 1. new text end
new text begin Disqualification from direct contact. new text end
new text begin
(a) The commissioner shall
disqualify an individual who is the subject of a background study from any position allowing
direct contact with persons receiving services from the entity identified in section 245J.03,
upon receipt of information showing, or when a background study completed under this
chapter shows any of the following:
new text end
new text begin
(1) a conviction of, admission to, or Alford plea to one or more crimes listed in section
245J.13, regardless of whether the conviction or admission is a felony, gross misdemeanor,
or misdemeanor level crime;
new text end
new text begin
(2) a preponderance of the evidence indicates the individual has committed an act or
acts that meet the definition of any of the crimes listed in section 245J.13, regardless of
whether the preponderance of the evidence is for a felony, gross misdemeanor, or
misdemeanor level crime;
new text end
new text begin
(3) an investigation results in an administrative determination listed under section 245J.13,
subdivision 4, paragraph (b); or
new text end
new text begin
(4) involuntary termination of parental rights issued under subdivision 3 or section
260C.301, subdivision 1, paragraph (b).
new text end
new text begin
(b) No individual who is disqualified following a background study under this chapter
may be retained in a position involving direct contact with persons served by a program or
entity identified in section 245J.03, unless the commissioner has provided written notice
under section 245J.15 stating that:
new text end
new text begin
(1) the individual may remain in direct contact during the period in which the individual
may request reconsideration as provided in section 245J.19, subdivision 2;
new text end
new text begin
(2) the commissioner has set aside the individual's disqualification for that entity as
provided in section 245J.20, subdivision 4; or
new text end
new text begin
(3) the license holder has been granted a variance for the disqualified individual under
section 245J.27.
new text end
new text begin Subd. 2. new text end
new text begin Disqualification from access. new text end
new text begin
(a) If an individual who is studied under this
chapter is disqualified from direct contact under subdivision 1, the commissioner shall also
disqualify the individual from access to a person receiving services from the entity.
new text end
new text begin
(b) No individual who is disqualified following a background study under this chapter
may be allowed access to persons served by the program unless the commissioner has
provided written notice under section 245J.15 stating that:
new text end
new text begin
(1) the individual may remain in direct contact during the period in which the individual
may request reconsideration as provided in section 245J.19, subdivision 2;
new text end
new text begin
(2) the commissioner has set aside the individual's disqualification for that entity as
provided in section 245J.20, subdivision 4; or
new text end
new text begin
(3) the license holder has been granted a variance for the disqualified individual under
section 245J.27.
new text end
Sec. 33.
new text begin
[245J.13] DISQUALIFYING CRIMES OR CONDUCT.
new text end
new text begin Subdivision 1. new text end
new text begin Permanent disqualification. new text end
new text begin
(a) An individual is disqualified under
section 245J.12 if: (1) regardless of how much time has passed since the discharge of the
sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless of
the level of the offense, the individual has committed any of the following offenses: sections
243.166 (violation of predatory offender registration law); 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); a felony
offense under 609.221 or 609.222 (assault in the first or second degree); a felony offense
under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child abuse or
neglect, or a crime against children; 609.2247 (domestic assault by strangulation); 609.228
(great bodily harm caused by distribution of drugs); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder
of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third
degree); 609.322 (solicitation, inducement, and promotion of prostitution); 609.324,
subdivision 1 (other prohibited acts); 609.342 (criminal sexual conduct in the first degree);
609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct
in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451
(criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct);
609.3458 (sexual extortion); 609.352 (solicitation of children to engage in sexual conduct);
609.365 (incest); a felony offense under 609.377 (malicious punishment of a child); a felony
offense under 609.378 (neglect or endangerment of a child); 609.561 (arson in the first
degree); 609.66, subdivision 1e (drive-by shooting); 609.749, subdivision 3, 4, or 5
(felony-level harassment or stalking); 609.855, subdivision 5 (shooting at or in a public
transit vehicle or facility); 617.23, subdivision 2, clause (1), or subdivision 3, clause (1)
(indecent exposure involving a minor); 617.246 (use of minors in sexual performance
prohibited); or 617.247 (possession of pictorial representations of minors).
new text end
new text begin
(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245J.12.
new text end
new text begin
(c) An individual's offense in any other state or country, where the elements of the offense
are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies
the individual under section 245J.12.
new text end
new text begin
(d) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
new text end
new text begin
(e) If the individual studied commits one of the offenses listed in paragraph (a) that is
specified as a felony-level only offense, but the sentence or level of offense is a gross
misdemeanor or misdemeanor, the individual is disqualified, but the disqualification
look-back period for the offense is the period applicable to gross misdemeanor or
misdemeanor offenses.
new text end
new text begin Subd. 2. new text end
new text begin 15-year disqualification. new text end
new text begin
(a) An individual is disqualified under section 245J.12
if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any,
for the offense; and (2) the individual has committed a felony-level violation of any of the
following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182 (fraud);
393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.165 (felon ineligible to
possess firearm); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury);
609.215 (suicide); 609.223 or 609.2231 (assault in the third or fourth degree); repeat offenses
under 609.224 (assault in the fifth degree); 609.229 (crimes committed for benefit of a
gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of
a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple
robbery); 609.255 (false imprisonment); 609.2664 (manslaughter of an unborn child in the
first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267
(assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the
second degree); 609.268 (injury or death of an unborn child in the commission of a crime);
609.27 (coercion); 609.275 (attempt to coerce); 609.466 (medical assistance fraud); 609.495
(aiding an offender); 609.498, subdivision 1 or 1b (aggravated first-degree or first-degree
tampering with a witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525
(bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen
property); 609.535 (issuance of dishonored checks); 609.562 (arson in the second degree);
609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary
tools); 609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631
(check forgery; offering a forged check); 609.635 (obtaining signature by false pretense);
609.66 (dangerous weapons); 609.67 (machine guns and short-barreled shotguns); 609.687
(adulteration); 609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit);
609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a
minor; repeat offenses under 617.241 (obscene materials and performances; distribution
and exhibition prohibited; penalty); 624.713 (certain persons not to possess firearms); chapter
152 (drugs; controlled substance); or Minnesota Statutes 2012, section 609.21; or a
felony-level conviction involving alcohol or drug use.
new text end
new text begin
(b) An individual is disqualified under section 245J.12 if less than 15 years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.
new text end
new text begin
(c) An individual is disqualified under section 245J.12 if less than 15 years has passed
since the termination of the individual's parental rights under section 260C.301, subdivision
1, paragraph (b), or subdivision 3.
new text end
new text begin
(d) An individual is disqualified under section 245J.12 if less than 15 years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of the offenses listed in paragraph
(a).
new text end
new text begin
(e) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is
disqualified but the disqualification look-back period for the offense is the period applicable
to the gross misdemeanor or misdemeanor disposition.
new text end
new text begin
(f) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
new text end
new text begin Subd. 3. new text end
new text begin Ten-year disqualification. new text end
new text begin
(a) An individual is disqualified under section
245J.12 if: (1) less than ten years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a gross misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance);
268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.2112,
609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 or 609.222 (assault
in the first or second degree); 609.223 or 609.2231 (assault in the third or fourth degree);
609.224 (assault in the fifth degree); 609.224, subdivision 2, paragraph (c) (assault in the
fifth degree by a caregiver against a vulnerable adult); 609.2242 and 609.2243 (domestic
assault); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or
patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a
vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure
to report maltreatment of a vulnerable adult); 609.265 (abduction); 609.275 (attempt to
coerce); 609.324, subdivision 1a (other prohibited acts; minor engaged in prostitution);
609.33 (disorderly house); 609.377 (malicious punishment of a child); 609.378 (neglect or
endangerment of a child); 609.466 (medical assistance fraud); 609.52 (theft); 609.525
(bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen
property); 609.535 (issuance of dishonored checks); 609.582 (burglary); 609.59 (possession
of burglary tools); 609.611 (insurance fraud); 609.631 (check forgery; offering a forged
check); 609.66 (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly conduct
against a vulnerable adult); repeat offenses under 609.746 (interference with privacy);
609.749, subdivision 2 (harassment); 609.82 (fraud in obtaining credit); 609.821 (financial
transaction card fraud); 617.23 (indecent exposure), not involving a minor; 617.241 (obscene
materials and performances); 617.243 (indecent literature, distribution); 617.293 (harmful
materials; dissemination and display to minors prohibited); or Minnesota Statutes 2012,
section 609.21; or violation of an order for protection under section 518B.01, subdivision
14.
new text end
new text begin
(b) An individual is disqualified under section 245J.12 if less than ten years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.
new text end
new text begin
(c) An individual is disqualified under section 245J.12 if less than ten years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of any of the offenses listed in
paragraph (a).
new text end
new text begin
(d) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a misdemeanor disposition, the individual is disqualified but
the disqualification lookback period for the offense is the period applicable to misdemeanors.
new text end
new text begin
(e) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
new text end
new text begin Subd. 4. new text end
new text begin Seven-year disqualification. new text end
new text begin
(a) An individual is disqualified under section
245J.12 if: (1) less than seven years has passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a misdemeanor-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182
(fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.2112, 609.2113,
or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first degree);
609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231
(assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic
assault); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report
maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the third degree);
609.27 (coercion); violation of an order for protection under 609.3232 (protective order
authorized; procedures; penalties); 609.466 (medical assistance fraud); 609.52 (theft);
609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving
stolen property); 609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66
(dangerous weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79
(obscene or harassing telephone calls); 609.795 (letter, telegram, or package; opening;
harassment); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud);
617.23 (indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination
and display to minors prohibited); or Minnesota Statutes 2012, section 609.21; or violation
of an order for protection under section 518B.01 (Domestic Abuse Act).
new text end
new text begin
(b) An individual is disqualified under section 245J.12 if less than seven years has passed
since a determination or disposition of the individual's:
new text end
new text begin
(1) failure to make required reports under section 260E.06 or 626.557, subdivision 3,
for incidents in which: (i) the final disposition under section 626.557 or chapter 260E was
substantiated maltreatment, and (ii) the maltreatment was recurring or serious; or
new text end
new text begin
(2) substantiated serious or recurring maltreatment of a minor under chapter 260E, a
vulnerable adult under section 626.557, or serious or recurring maltreatment in any other
state, the elements of which are substantially similar to the elements of maltreatment under
section 626.557 or chapter 260E for which: (i) there is a preponderance of evidence that
the maltreatment occurred, and (ii) the subject was responsible for the maltreatment.
new text end
new text begin
(c) An individual is disqualified under section 245J.12 if less than seven years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes.
new text end
new text begin
(d) An individual is disqualified under section 245J.12 if less than seven years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of any of the offenses listed in
paragraphs (a) and (b).
new text end
new text begin
(e) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
new text end
new text begin
(f) An individual is disqualified under section 245J.12 if less than seven years has passed
since the individual was disqualified under section 256.98, subdivision 8.
new text end
Sec. 34.
new text begin
[245J.14] DISQUALIFIED INDIVIDUAL'S RISK OF HARM.
new text end
new text begin Subdivision 1. new text end
new text begin Determining immediate risk of harm. new text end
new text begin
(a) If the commissioner determines
that the individual studied has a disqualifying characteristic, the commissioner shall review
the information immediately available and make a determination as to the subject's immediate
risk of harm to persons served by the program where the individual studied will have direct
contact with, or access to, people receiving services.
new text end
new text begin
(b) The commissioner shall consider all relevant information available, including the
following factors in determining the immediate risk of harm:
new text end
new text begin
(1) the recency of the disqualifying characteristic;
new text end
new text begin
(2) the recency of discharge from probation for the crimes;
new text end
new text begin
(3) the number of disqualifying characteristics;
new text end
new text begin
(4) the intrusiveness or violence of the disqualifying characteristic;
new text end
new text begin
(5) the vulnerability of the victim involved in the disqualifying characteristic;
new text end
new text begin
(6) the similarity of the victim to the persons served by the program where the individual
studied will have direct contact;
new text end
new text begin
(7) whether the individual has a disqualification from a previous background study that
has not been set aside;
new text end
new text begin
(8) if the individual has a disqualification which may not be set aside because it is a
permanent bar under section 245J.22, the commissioner may order the immediate removal
of the individual from any position allowing direct contact with, or access to, persons
receiving services from the entity; and
new text end
new text begin
(c) If the commissioner has reason to believe, based on arrest information or an active
maltreatment investigation, that an individual poses an imminent risk of harm to persons
receiving services, the commissioner may order that the person be continuously supervised
or immediately removed pending the conclusion of the maltreatment investigation or criminal
proceedings.
new text end
new text begin Subd. 2. new text end
new text begin Findings. new text end
new text begin
(a) After evaluating the information immediately available under
subdivision 1, the commissioner may have reason to believe one of the following:
new text end
new text begin
(1) the individual poses an imminent risk of harm to persons served by the program
where the individual studied will have direct contact or access to persons served by the
entity or where the individual studied will work;
new text end
new text begin
(2) the individual poses a risk of harm requiring continuous, direct supervision while
providing direct contact services during the period in which the subject may request a
reconsideration; or
new text end
new text begin
(3) the individual does not pose an imminent risk of harm or a risk of harm requiring
continuous, direct supervision while providing direct contact services during the period in
which the subject may request a reconsideration.
new text end
new text begin
(b) After determining an individual's risk of harm under this section, the commissioner
must notify the subject of the background study and the applicant or license holder as
required under section 245J.15.
new text end
Sec. 35.
new text begin
[245J.15] NOTICE OF BACKGROUND STUDY RESULTS.
new text end
new text begin Subdivision 1. new text end
new text begin Time frame for notice of study results and auditing system access. new text end
new text begin
(a)
Within three working days after the commissioner's receipt of a request for a background
study submitted through the commissioner's NETStudy 2.0 system, the commissioner shall
notify the background study subject and the entity that submitted the study in writing or by
electronic transmission of the results of the study or that more time is needed to complete
the study. The notice to the individual shall include the identity of the entity that initiated
the background study.
new text end
new text begin
(b) Before being provided access to NETStudy 2.0, the entity shall sign an
acknowledgment of responsibilities form developed by the commissioner that includes
identifying the sensitive background study information person, who must be an employee
of the entity. All queries to NETStudy 2.0 are electronically recorded and subject to audit
by the commissioner. The electronic record shall identify the specific user. A background
study subject may request in writing to the commissioner a report listing the entities that
initiated a background study on the individual.
new text end
new text begin
(c) When the commissioner has completed a prior background study on an individual
that resulted in an order for immediate removal and more time is necessary to complete a
subsequent study, the notice that more time is needed that is issued under paragraph (a)
shall include an order for immediate removal of the individual from any position allowing
direct contact with or access to people receiving services.
new text end
new text begin Subd. 2. new text end
new text begin Disqualification notice sent to subject. new text end
new text begin
If the information in the study indicates
the individual is disqualified from direct contact with, or from access to, persons served by
the program, the commissioner shall disclose to the individual studied:
new text end
new text begin
(1) the information causing disqualification;
new text end
new text begin
(2) instructions on how to request a reconsideration of the disqualification;
new text end
new text begin
(3) an explanation of any restrictions on the commissioner's discretion to set aside the
disqualification under section 245J.22, when applicable to the individual; and
new text end
new text begin
(4) a statement that when a subsequent background study is initiated on the individual
following a set-aside of the individual's disqualification, and the commissioner makes a
determination under section 245J.20, subdivision 5, paragraph (b), that the previous set-aside
applies to the subsequent background study, the entity that initiated the background study
will be informed that the individual's disqualification is set aside for that entity.
new text end
new text begin Subd. 3. new text end
new text begin Disqualification notification. new text end
new text begin
(a) The commissioner shall notify the entity that
submitted the study:
new text end
new text begin
(1) that the commissioner has found information that disqualifies the individual studied
from being in a position allowing direct contact with, or access to, people served by the
entity; and
new text end
new text begin
(2) the commissioner's determination of the individual's risk of harm under section
245J.14.
new text end
new text begin
(b) If the commissioner determines under section 245J.14 that an individual studied
poses an imminent risk of harm to persons served by the entity where the individual studied
will have direct contact with, or access to, people served by the entity, the commissioner
shall order the license holder to immediately remove the individual studied from any position
allowing direct contact with, or access to, people served by the entity.
new text end
new text begin
(c) If the commissioner determines under section 245J.14 that an individual studied
poses a risk of harm that requires continuous, direct supervision, the commissioner shall
order the entity to:
new text end
new text begin
(1) immediately remove the individual studied from any position allowing direct contact
with, or access to, people receiving services; or
new text end
new text begin
(2) before allowing the disqualified individual to be in a position allowing direct contact
with, or access to, people receiving services, the entity must:
new text end
new text begin
(i) ensure that the individual studied is under continuous, direct supervision when in a
position allowing direct contact with, or access to, people receiving services during the
period in which the individual may request a reconsideration of the disqualification under
section 245J.19; and
new text end
new text begin
(ii) ensure that the disqualified individual requests reconsideration within 30 days of
receipt of the notice of disqualification.
new text end
new text begin
(d) If the commissioner determines under section 245J.14 that an individual studied does
not pose a risk of harm that requires continuous, direct supervision, the commissioner shall
order the entity to:
new text end
new text begin
(1) immediately remove the individual studied from any position allowing direct contact
with, or access to, people receiving services; or
new text end
new text begin
(2) before allowing the disqualified individual to be in any position allowing direct
contact with, or access to, people receiving services, the entity must ensure that the
disqualified individual requests reconsideration within 15 days of receipt of the notice of
disqualification.
new text end
new text begin
(e) The commissioner shall not notify the entity of the information contained in the
subject's background study unless:
new text end
new text begin
(1) the basis for the disqualification is failure to cooperate with the background study
or substantiated maltreatment under section 626.557 or chapter 260E;
new text end
new text begin
(2) the Data Practices Act under chapter 13 provides for release of the information; or
new text end
new text begin
(3) the individual studied provides the commissioner with written, informed consent
authorizing the release of the information.
new text end
Sec. 36.
new text begin
[245J.16] OBLIGATION TO REMOVE DISQUALIFIED INDIVIDUAL
FROM DIRECT CONTACT OR ACCESS TO PEOPLE RECEIVING SERVICES.
new text end
new text begin
Upon receipt of notice from the commissioner, the entity must remove a disqualified
individual from direct contact with or access to persons served by the entity if:
new text end
new text begin
(1) the individual does not request reconsideration under section 245J.19 within the
prescribed time;
new text end
new text begin
(2) the individual submits a timely request for reconsideration, the commissioner does
not set aside the disqualification under section 245J.20, subdivision 4, and the individual
does not submit a timely request for a hearing under sections 245J.24 and 256.045, or
245J.25 and chapter 14; or
new text end
new text begin
(3) the individual submits a timely request for a hearing under sections 245J.24 and
256.045, or 245J.25 and chapter 14, and the commissioner does not set aside or rescind the
disqualification under section 245A.08, subdivision 5, or 256.045.
new text end
Sec. 37.
new text begin
[245J.17] TERMINATION OF AFFILIATION BASED ON
DISQUALIFICATION NOTICE.
new text end
new text begin
An applicant or license holder that terminates affiliation with persons studied under this
chapter, when the termination is made in good faith reliance on a notice of disqualification
provided by the commissioner, shall not be subject to civil liability.
new text end
Sec. 38.
new text begin
[245J.18] ENTITY RECORD KEEPING.
new text end
new text begin Subdivision 1. new text end
new text begin Background studies initiated by entity. new text end
new text begin
The entity shall document the
date the entity initiates a background study under this chapter and the date the subject of
the study first has direct contact with persons served by the entity in the entity's personnel
files. When a background study is completed under this chapter, an entity shall maintain a
notice that the study was undertaken and completed in the entity's personnel files.
new text end
new text begin Subd. 2. new text end
new text begin
Background studies initiated by others; personnel pool agencies, temporary
personnel agencies, supplemental nursing services agencies, or professional services
agencies.
new text end
new text begin
When a license holder relies on a background study initiated by a personnel pool
agency, a temporary personnel agency, a supplemental nursing services agency, or a
professional services agency for a person required to have a background study completed
under this chapter, the entity must maintain a copy of the background study results in the
entity's files.
new text end
new text begin Subd. 3. new text end
new text begin Background studies initiated by others; educational programs. new text end
new text begin
When an
entity relies on a background study initiated by an educational program for a person required
to have a background study completed under this chapter and the person is on the educational
program's active roster, the entity is responsible for ensuring that the background study has
been completed. The entity may satisfy the documentation requirements through a written
agreement with the educational program verifying that documentation of the background
study may be provided upon request and that the educational program will inform the entity
if there is a change in the person's background study status. The entity remains responsible
for ensuring that all background study requirements are met.
new text end
new text begin Subd. 4. new text end
new text begin Background studies identified on active rosters. new text end
new text begin
The requirements in
subdivisions 1 and 2 are met for entities for which active rosters are implemented and for
whom all individuals affiliated with the entity are recorded on the active roster.
new text end
Sec. 39.
new text begin
[245J.19] REQUESTING RECONSIDERATION OF DISQUALIFICATION.
new text end
new text begin Subdivision 1. new text end
new text begin Who may request reconsideration. new text end
new text begin
An individual who is the subject of
a disqualification may request a reconsideration of the disqualification pursuant to this
section. The individual must submit the request for reconsideration to the commissioner in
writing.
new text end
new text begin Subd. 2. new text end
new text begin Submission of reconsideration request. new text end
new text begin
A reconsideration request shall be
submitted within 30 days of the individual's receipt of the disqualification notice or the time
frames specified in subdivision 3, whichever time frame is shorter.
new text end
new text begin Subd. 3. new text end
new text begin Time frame for requesting reconsideration. new text end
new text begin
(a) When the commissioner
sends an individual a notice of disqualification based on a finding under section 245J.14,
subdivision 2, paragraph (a), clause (1) or (2), the disqualified individual must submit the
request for a reconsideration within 30 calendar days of the individual's receipt of the notice
of disqualification. If mailed, the request for reconsideration must be postmarked and sent
to the commissioner within 30 calendar days of the individual's receipt of the notice of
disqualification. If a request for reconsideration is made by personal service, it must be
received by the commissioner within 30 calendar days after the individual's receipt of the
notice of disqualification. Upon showing that the information under subdivision 3 cannot
be obtained within 30 days, the disqualified individual may request additional time, not to
exceed 30 days, to obtain the information.
new text end
new text begin
(b) When the commissioner sends an individual a notice of disqualification based on a
finding under section 245J.14, subdivision 2, paragraph (a), clause (3), the disqualified
individual must submit the request for reconsideration within 15 calendar days of the
individual's receipt of the notice of disqualification. If mailed, the request for reconsideration
must be postmarked and sent to the commissioner within 15 calendar days of the individual's
receipt of the notice of disqualification. If a request for reconsideration is made by personal
service, it must be received by the commissioner within 15 calendar days after the individual's
receipt of the notice of disqualification.
new text end
new text begin
(c) An individual who was determined to have maltreated a child under chapter 260E
or a vulnerable adult under section 626.557, and who is disqualified on the basis of serious
or recurring maltreatment, may request a reconsideration of both the maltreatment and the
disqualification determinations. The request must be submitted within 30 calendar days of
the individual's receipt of the notice of disqualification. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 30 calendar days
of the individual's receipt of the notice of disqualification. If a request for reconsideration
is made by personal service, it must be received by the commissioner within 30 calendar
days after the individual's receipt of the notice of disqualification.
new text end
new text begin
(d) Reconsideration of a maltreatment determination under sections 260E.33 and 626.557,
subdivision 9d, and reconsideration of a disqualification under section 245J.20, shall not
be conducted when:
new text end
new text begin
(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;
new text end
new text begin
(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and
new text end
new text begin
(3) the license holder appeals the maltreatment determination, disqualification, and
denial of a license or licensing sanction. In such cases, a fair hearing under section 256.045
must not be conducted under sections 245J.24, 260E.33, and 626.557, subdivision 9d. Under
section 245A.08, subdivision 2a, the scope of the consolidated contested case hearing must
include the maltreatment determination, disqualification, and denial of a license or licensing
sanction.
new text end
new text begin
Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
260E.33 and 626.557, subdivision 9d, and reconsideration of the disqualification shall be
conducted under section 245J.20. In such cases, a fair hearing shall also be conducted as
provided under sections 245J.24, 260E.33, and 626.557, subdivision 9d.
new text end
new text begin Subd. 4. new text end
new text begin Disqualified individuals; information for reconsideration. new text end
new text begin
(a) The disqualified
individual requesting reconsideration must submit information showing that:
new text end
new text begin
(1) the information the commissioner relied upon in determining the underlying conduct
that gave rise to the disqualification is incorrect;
new text end
new text begin
(2) for maltreatment, the information the commissioner relied upon in determining that
maltreatment was serious or recurring is incorrect; or
new text end
new text begin
(3) the subject of the study does not pose a risk of harm to any person served by the
entity as provided in this chapter, by addressing the information required under section
245J.20, subdivision 4.
new text end
new text begin
(b) In order to determine the individual's risk of harm, the commissioner may require
additional information from the disqualified individual as part of the reconsideration process.
If the individual fails to provide the required information, the commissioner may deny the
individual's request.
new text end
new text begin Subd. 5. new text end
new text begin Notice of request for reconsideration. new text end
new text begin
Upon request, the commissioner may
inform the entity as provided in this chapter who received a notice of the individual's
disqualification under section 245J.15, subdivision 3, or has the consent of the disqualified
individual, whether the disqualified individual has requested reconsideration.
new text end
Sec. 40.
new text begin
[245J.20] REVIEW AND ACTION ON A RECONSIDERATION REQUEST.
new text end
new text begin Subdivision 1. new text end
new text begin Time frame; response to disqualification reconsideration requests. new text end
new text begin
(a)
The commissioner shall respond in writing or by electronic transmission to all reconsideration
requests for which the basis for the request is that the information the commissioner relied
upon to disqualify is incorrect or inaccurate within 30 working days of receipt of a complete
request and all required relevant information.
new text end
new text begin
(b) If the basis for a disqualified individual's reconsideration request is that the individual
does not pose a risk of harm, the commissioner shall respond to the request within 15 working
days after receiving a complete request for reconsideration and all required relevant
information.
new text end
new text begin
(c) If the disqualified individual's reconsideration request is based on both the correctness
or accuracy of the information the commissioner relied upon to disqualify the individual
and the individual's risk of harm, the commissioner shall respond to the request within 45
working days after receiving a complete request for reconsideration and all required relevant
information.
new text end
new text begin Subd. 2. new text end
new text begin Incorrect information; rescission. new text end
new text begin
The commissioner shall rescind the
disqualification if the commissioner finds that the information relied upon to disqualify the
subject is incorrect.
new text end
new text begin Subd. 3. new text end
new text begin Preeminent weight given to safety of persons being served. new text end
new text begin
In reviewing a
request for reconsideration of a disqualification, the commissioner shall give preeminent
weight to the safety of each person served by the entity as provided in this chapter over the
interests of the disqualified individual or entity as provided in this chapter, and any single
factor under subdivision 4, paragraph (b), may be determinative of the commissioner's
decision whether to set aside the individual's disqualification.
new text end
new text begin Subd. 4. new text end
new text begin Risk of harm; set aside. new text end
new text begin
(a) The commissioner may set aside the disqualification
if the commissioner finds that the individual has submitted sufficient information to
demonstrate that the individual does not pose a risk of harm to any person served by the
entity as provided in this chapter.
new text end
new text begin
(b) In determining whether the individual has met the burden of proof by demonstrating
the individual does not pose a risk of harm, the commissioner shall consider:
new text end
new text begin
(1) the nature, severity, and consequences of the event or events that led to the
disqualification;
new text end
new text begin
(2) whether there is more than one disqualifying event;
new text end
new text begin
(3) the age and vulnerability of the victim at the time of the event;
new text end
new text begin
(4) the harm suffered by the victim;
new text end
new text begin
(5) vulnerability of persons served by the program;
new text end
new text begin
(6) the similarity between the victim and persons served by the program;
new text end
new text begin
(7) the time elapsed without a repeat of the same or similar event;
new text end
new text begin
(8) documentation of successful completion by the individual studied of training or
rehabilitation pertinent to the event; and
new text end
new text begin
(9) any other information relevant to reconsideration.
new text end
new text begin
(c) If the individual requested reconsideration on the basis that the information relied
upon to disqualify the individual was incorrect or inaccurate and the commissioner determines
that the information relied upon to disqualify the individual is correct, the commissioner
must also determine if the individual poses a risk of harm to persons receiving services in
accordance with paragraph (b).
new text end
new text begin Subd. 5. new text end
new text begin Scope of set-aside. new text end
new text begin
(a) If the commissioner sets aside a disqualification under
this section, the disqualified individual remains disqualified, but may hold a license and
have direct contact with or access to persons receiving services. Except as provided in
paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the
licensed program, applicant, or agency specified in the set aside notice under section 245J.21.
For personal care provider organizations, the commissioner's set-aside may further be limited
to a specific individual who is receiving services. For new background studies required
under section 245J.04, subdivision 1, paragraph (c), if an individual's disqualification was
previously set aside for the license holder's program and the new background study results
in no new information that indicates the individual may pose a risk of harm to persons
receiving services from the license holder, the previous set-aside shall remain in effect.
new text end
new text begin
(b) If the commissioner has previously set aside an individual's disqualification for one
or more entities, and the individual is the subject of a subsequent background study for a
different entity, the commissioner shall determine whether the disqualification is set aside
for the entity that initiated the subsequent background study. A notice of a set-aside under
paragraph (c) shall be issued within 15 working days if all of the following criteria are met:
new text end
new text begin
(1) the subsequent background study was initiated in connection with an entity licensed
or regulated under the same provisions of law and rule for at least one entity for which the
individual's disqualification was previously set aside by the commissioner;
new text end
new text begin
(2) the individual is not disqualified for an offense specified in section 245J.13,
subdivision 1 or 2;
new text end
new text begin
(3) the commissioner has received no new information to indicate that the individual
may pose a risk of harm to any person served by the program; and
new text end
new text begin
(4) the previous set-aside was not limited to a specific person receiving services.
new text end
new text begin
(c) When a disqualification is set aside under paragraph (b), the notice of background
study results issued under section 245J.15, in addition to the requirements under section
245J.15, shall state that the disqualification is set aside for the program or agency that
initiated the subsequent background study. The notice must inform the individual that the
individual may request reconsideration of the disqualification under section 245J.19 on the
basis that the information used to disqualify the individual is incorrect.
new text end
new text begin Subd. 6. new text end
new text begin Rescission of set-aside. new text end
new text begin
The commissioner may rescind a previous set aside
of a disqualification under this section based on new information that indicates the individual
may pose a risk of harm to persons served by the applicant, license holder, or other entities
as provided in this chapter. If the commissioner rescinds a set-aside of a disqualification
under this subdivision, the appeal rights under sections 245J.19; 245J.24, subdivision 1;
and 245J.25, subdivision 3, shall apply.
new text end
Sec. 41.
new text begin
[245J.21] COMMISSIONER'S RECONSIDERATION NOTICE.
new text end
new text begin Subdivision 1. new text end
new text begin Disqualification that is rescinded or set aside. new text end
new text begin
(a) If the commissioner
rescinds or sets aside a disqualification, the commissioner shall notify the entity in writing
or by electronic transmission of the decision.
new text end
new text begin
(b) In the notice from the commissioner that a disqualification has been rescinded, the
commissioner must inform the entity that the information relied upon to disqualify the
individual was incorrect.
new text end
new text begin Subd. 2. new text end
new text begin Commissioner's notice of disqualification that is not set aside. new text end
new text begin
(a) The
commissioner shall notify the entity of the disqualification and order the entity to immediately
remove the individual from any position allowing direct contact with persons receiving
services from the entity if:
new text end
new text begin
(1) the individual studied does not submit a timely request for reconsideration under
section 245J.19;
new text end
new text begin
(2) the individual submits a timely request for reconsideration, but the commissioner
does not set aside the disqualification for that entity under section 245J.20, unless the
individual has a right to request a hearing under section 245J.24, 245J.25, or 256.045;
new text end
new text begin
(3) an individual who has a right to request a hearing under sections 245J.24 and 256.045,
or 245J.25 and chapter 14 for a disqualification that has not been set aside, does not request
a hearing within the specified time; or
new text end
new text begin
(4) an individual submitted a timely request for a hearing under sections 245J.24 and
256.045, or 245J.25 and chapter 14, but the commissioner does not set aside the
disqualification under section 245A.08, subdivision 5, or 256.045.
new text end
new text begin
(b) If the commissioner does not set aside the disqualification under section 245J.20,
and the entity was previously ordered under section 245J.15 to immediately remove the
disqualified individual from direct contact with persons receiving services or to ensure that
the individual is under continuous, direct supervision when providing direct contact services,
the order remains in effect pending the outcome of a hearing under sections 245J.24 and
256.045, or 245J.25 and chapter 14.
new text end
new text begin
(c) If the commissioner does not set aside the disqualification under section 245J.20,
and the entity was not previously ordered under section 245J.15 to immediately remove the
disqualified individual from direct contact with persons receiving services or to ensure that
the individual is under continuous direct supervision when providing direct contact services,
the commissioner shall order the individual to remain under continuous direct supervision
pending the outcome of a hearing under sections 245J.24 and 256.045, or 245J.25 and
chapter 14.
new text end
Sec. 42.
new text begin
[245J.22] DISQUALIFICATION; BAR TO SET ASIDE A
DISQUALIFICATION.
new text end
new text begin
The commissioner may not set aside the disqualification of any individual disqualified
pursuant to this chapter, regardless of how much time has passed, if the individual was
disqualified for a crime or conduct listed in section 245J.13, subdivision 1.
new text end
Sec. 43.
new text begin
[245J.23] CONSOLIDATED RECONSIDERATION OF MALTREATMENT
DETERMINATION AND DISQUALIFICATION.
new text end
new text begin
If an individual is disqualified on the basis of a determination of maltreatment under
section 626.557 or chapter 260E, which was serious and recurring, and the individual requests
reconsideration of the maltreatment determination under section 260E.33 or 626.557,
subdivision 9d, and also requests reconsideration of the disqualification under section
245J.19, the commissioner shall consolidate the reconsideration of the maltreatment
determination and the disqualification into a single reconsideration.
new text end
Sec. 44.
new text begin
[245J.24] FAIR HEARING RIGHTS.
new text end
new text begin Subdivision 1. new text end
new text begin Fair hearing following a reconsideration decision. new text end
new text begin
(a) An individual
who is disqualified on the basis of a preponderance of evidence that the individual committed
an act or acts that meet the definition of any of the crimes listed in section 245J.13; for a
determination under section 626.557 or chapter 260E of substantiated maltreatment that
was serious or recurring under section 245J.13; or for failure to make required reports under
section 260E.06, subdivision 1 or 2; 260E.11, subdivision 1; or 626.557, subdivision 3,
pursuant to section 245J.13, subdivision 4, paragraph (b), clause (1), may request a fair
hearing under section 256.045, following a reconsideration decision issued under section
245J.21, unless the disqualification is deemed conclusive under section 245J.26.
new text end
new text begin
(b) The fair hearing is the only administrative appeal of the final agency determination
for purposes of appeal by the disqualified individual. The disqualified individual does not
have the right to challenge the accuracy and completeness of data under section 13.04.
new text end
new text begin
(c) Except as provided under paragraph (e), if the individual was disqualified based on
a conviction of, admission to, or Alford Plea to any crimes or conduct listed in section
245J.13, subdivisions 1 to 4, or for a disqualification under section 256.98, subdivision 8,
the reconsideration decision under section 245J.20 is the final agency determination for
purposes of appeal by the disqualified individual and is not subject to a hearing under section
256.045. If the individual was disqualified based on a judicial determination, that
determination is treated the same as a conviction for purposes of appeal.
new text end
new text begin
(d) This subdivision does not apply to a public employee's appeal of a disqualification
under section 245J.25, subdivision 3.
new text end
new text begin
(e) Notwithstanding paragraph (c), if the commissioner does not set aside a
disqualification of an individual who was disqualified based on both a preponderance of
evidence and a conviction or admission, the individual may request a fair hearing under
section 256.045, unless the disqualifications are deemed conclusive under section 245J.26.
The scope of the hearing conducted under section 256.045 with regard to the disqualification
based on a conviction or admission shall be limited solely to whether the individual poses
a risk of harm, according to section 256.045, subdivision 3b. In this case, the reconsideration
decision under section 245J.20 is not the final agency decision for purposes of appeal by
the disqualified individual.
new text end
new text begin Subd. 2. new text end
new text begin Consolidated fair hearing following a reconsideration decision. new text end
new text begin
(a) If an
individual who is disqualified on the bases of serious or recurring maltreatment requests a
fair hearing on the maltreatment determination under section 260E.33 or 626.557, subdivision
9d, and requests a fair hearing under this section on the disqualification following a
reconsideration decision under section 245J.21, the scope of the fair hearing under section
256.045 shall include the maltreatment determination and the disqualification.
new text end
new text begin
(b) A fair hearing is the only administrative appeal of the final agency determination.
The disqualified individual does not have the right to challenge the accuracy and
completeness of data under section 13.04.
new text end
new text begin
(c) This subdivision does not apply to a public employee's appeal of a disqualification
under section 245J.25, subdivision 3.
new text end
Sec. 45.
new text begin
[245J.25] CONTESTED CASE HEARING RIGHTS.
new text end
new text begin Subdivision 1. new text end
new text begin License holder. new text end
new text begin
(a) If a maltreatment determination or a disqualification
for which reconsideration was timely requested and which was not set aside is the basis for
a denial of a license under section 245A.05 or a licensing sanction under section 245A.07,
the license holder has the right to a contested case hearing under chapter 14 and Minnesota
Rules, parts 1400.8505 to 1400.8612. The license holder must submit the appeal under
section 245A.05 or 245A.07, subdivision 3.
new text end
new text begin
(b) As provided under section 245A.08, subdivision 2a, if the denial of a license or
licensing sanction is based on a disqualification for which reconsideration was timely
requested and was not set aside, the scope of the consolidated contested case hearing must
include:
new text end
new text begin
(1) the disqualification, to the extent the license holder otherwise has a hearing right on
the disqualification under this chapter; and
new text end
new text begin
(2) the licensing sanction or denial of a license.
new text end
new text begin
(c) As provided for under section 245A.08, subdivision 2a, if the denial of a license or
licensing sanction is based on a determination of maltreatment under section 626.557 or
chapter 260E, or a disqualification for serious or recurring maltreatment which was not set
aside, the scope of the contested case hearing must include:
new text end
new text begin
(1) the maltreatment determination, if the maltreatment is not conclusive under section
245J.26;
new text end
new text begin
(2) the disqualification, if the disqualification is not conclusive under section 245J.26;
and
new text end
new text begin
(3) the licensing sanction or denial of a license. In such cases, a fair hearing must not
be conducted under section 256.045. If the disqualification was based on a determination
of substantiated serious or recurring maltreatment under section 626.557 or chapter 260E,
the appeal must be submitted under section 245A.07, subdivision 3, 260E.33, or 626.557,
subdivision 9d.
new text end
new text begin
(d) Except for family child care and child foster care, reconsideration of a maltreatment
determination under sections 260E.33 and 626.557, subdivision 9d, and reconsideration of
a disqualification under section 245J.20, must not be conducted when:
new text end
new text begin
(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;
new text end
new text begin
(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and
new text end
new text begin
(3) the license holder appeals the maltreatment determination, disqualification, and
denial of a license or licensing sanction. In such cases a fair hearing under section 256.045
must not be conducted under sections 245J.24, 260E.33, and 626.557, subdivision 9d. Under
section 245A.08, subdivision 2a, the scope of the consolidated contested case hearing must
include the maltreatment determination, disqualification, and denial of a license or licensing
sanction.
new text end
new text begin
Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
260E.33 and 626.557, subdivision 9d, and reconsideration of the disqualification shall be
conducted under section 245J.20. In such cases, a fair hearing shall also be conducted as
provided under sections 245J.24, 260E.33, and 626.557, subdivision 9d.
new text end
new text begin Subd. 2. new text end
new text begin Individual other than license holder. new text end
new text begin
If the basis for the commissioner's denial
of a license under section 245A.05 or a licensing sanction under section 245A.07 is a
maltreatment determination or disqualification that was not set aside under section 245J.20,
and the disqualified subject is an individual other than the license holder and upon whom
a background study must be conducted under this chapter, the hearing of all parties may be
consolidated into a single contested case hearing upon consent of all parties and the
administrative law judge.
new text end
new text begin Subd. 3. new text end
new text begin Employees of public employer. new text end
new text begin
(a) A disqualified individual who is an
employee of an employer, as defined in section 179A.03, subdivision 15, may request a
contested case hearing under chapter 14, and specifically Minnesota Rules, parts 1400.8505
to 1400.8612, following a reconsideration decision under section 245J.21, unless the
disqualification is deemed conclusive under section 245J.26. The request for a contested
case hearing must be made in writing and must be postmarked and sent within 30 calendar
days after the employee receives notice of the reconsideration decision. If the individual
was disqualified based on a conviction or admission to any crimes listed in section 245J.13,
the scope of the contested case hearing shall be limited solely to whether the individual
poses a risk of harm pursuant to section 245J.20.
new text end
new text begin
(b) When an individual is disqualified based on a maltreatment determination, the scope
of the contested case hearing under paragraph (a), must include the maltreatment
determination and the disqualification. In such cases, a fair hearing must not be conducted
under section 256.045.
new text end
new text begin
(c) Rules adopted under this chapter may not preclude an employee in a contested case
hearing for a disqualification from submitting evidence concerning information gathered
under this chapter.
new text end
new text begin
(d) When an individual has been disqualified from multiple licensed programs, if at least
one of the disqualifications entitles the person to a contested case hearing under this
subdivision, the scope of the contested case hearing shall include all disqualifications from
licensed programs.
new text end
new text begin
(e) In determining whether the disqualification should be set aside, the administrative
law judge shall consider all of the characteristics that cause the individual to be disqualified,
as well as all the factors set forth in section 245J.20, in order to determine whether the
individual has met the burden of demonstrating that the individual does not pose a risk of
harm. The administrative law judge's recommendation and the commissioner's order to set
aside a disqualification that is the subject of the hearing constitutes a determination that the
individual does not pose a risk of harm and that the individual may provide direct contact
services in the individual program specified in the set aside.
new text end
new text begin
(f) An individual may not request a contested case hearing under this section if a contested
case hearing has previously been held regarding the individual's disqualification on the same
basis.
new text end
new text begin Subd. 4. new text end
new text begin Final agency order. new text end
new text begin
The commissioner's final order under section 245A.08,
subdivision 5, is conclusive on the issue of maltreatment and disqualification, including for
purposes of subsequent background studies. The contested case hearing under this section
is the only administrative appeal of the final agency determination, specifically, including
a challenge to the accuracy and completeness of data under section 13.04.
new text end
Sec. 46.
new text begin
[245J.26] CONCLUSIVE DETERMINATIONS OR DISPOSITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Conclusive maltreatment determination or disposition. new text end
new text begin
Unless
otherwise specified in statute, a maltreatment determination or disposition under section
626.557 or chapter 260E is conclusive, if:
new text end
new text begin
(1) the commissioner has issued a final order in an appeal of that determination or
disposition under section 245A.08, subdivision 5, or 256.045;
new text end
new text begin
(2) the individual did not request reconsideration of the maltreatment determination or
disposition under section 626.557 or chapter 260E; or
new text end
new text begin
(3) the individual did not request a hearing of the maltreatment determination or
disposition under section 256.045.
new text end
new text begin Subd. 2. new text end
new text begin Conclusive disqualification determination. new text end
new text begin
(a) A disqualification is conclusive
for purposes of current and future background studies if:
new text end
new text begin
(1) the commissioner has issued a final order in an appeal of the disqualification under
section 245A.08, subdivision 5; 245J.25, subdivision 3; or 256.045, or a court has issued a
final decision;
new text end
new text begin
(2) the individual did not request reconsideration of the disqualification under section
245J.19 on the basis that the information relied upon to disqualify the individual was
incorrect; or
new text end
new text begin
(3) the individual did not timely request a hearing on the disqualification under this
chapter, chapter 14, or section 256.045 after previously being given the right to do so.
new text end
new text begin
(b) If a disqualification is conclusive under this section, the individual has a right to
request reconsideration on the risk of harm under section 245J.19 unless the commissioner
is barred from setting aside the disqualification under section 245J.22. The commissioner's
decision regarding the risk of harm shall be the final agency decision and is not subject to
a hearing under this chapter, chapter 14, or section 256.045.
new text end
Sec. 47.
new text begin
[245J.27] VARIANCE FOR A DISQUALIFIED INDIVIDUAL.
new text end
new text begin Subdivision 1. new text end
new text begin Entity variance. new text end
new text begin
(a) Except for any disqualification under section 245J.11,
subdivision 1, when the commissioner has not set aside a background study subject's
disqualification, and there are conditions under which the disqualified individual may provide
direct contact services or have access to people receiving services that minimize the risk of
harm to people receiving services, the commissioner may grant a time-limited variance to
an entity.
new text end
new text begin
(b) The variance shall state the services that may be provided by the disqualified
individual and state the conditions with which the entity must comply for the variance to
remain in effect. The variance shall not state the reason for the disqualification.
new text end
new text begin Subd. 2. new text end
new text begin Consequences for failing to comply with conditions of variance. new text end
new text begin
When an
entity permits a disqualified individual to provide any services for which the subject is
disqualified without complying with the conditions of the variance, the commissioner may
terminate the variance effective immediately and subject the entity or license holder to a
licensing action under sections 245A.06 and 245A.07.
new text end
new text begin Subd. 3. new text end
new text begin Termination of a variance. new text end
new text begin
The commissioner may terminate a variance for
a disqualified individual at any time for cause.
new text end
new text begin Subd. 4. new text end
new text begin Final decision. new text end
new text begin
The commissioner's decision to grant or deny a variance is final
and not subject to appeal under the provisions of chapter 14.
new text end
Sec. 48.
new text begin
[245J.28] INDIVIDUAL REGULATED BY A HEALTH-RELATED
LICENSING BOARD; DISQUALIFICATION BASED ON MALTREATMENT.
new text end
new text begin
(a) The commissioner has the authority to monitor the facility's compliance with any
requirements that the health-related licensing board places on regulated individuals practicing
in a facility either during the period pending a final decision on a disciplinary or corrective
action or as a result of a disciplinary or corrective action. The commissioner has the authority
to order the immediate removal of a regulated individual from direct contact or access when
a board issues an order of temporary suspension based on a determination that the regulated
individual poses an immediate risk of harm to persons receiving services in a licensed
facility.
new text end
new text begin
(b) A facility that allows a regulated individual to provide direct contact services while
not complying with the requirements imposed by the health-related licensing board is subject
to action by the commissioner as specified under sections 245A.06 and 245A.07.
new text end
new text begin
(c) The commissioner shall notify a health-related licensing board immediately upon
receipt of knowledge of a facility's or individual's noncompliance with requirements the
board placed on a facility or upon an individual regulated by the board.
new text end
Sec. 49.
new text begin
[245J.29] SYSTEMS AND RECORDS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner may establish systems and records
to fulfill the requirements of this chapter.
new text end
new text begin Subd. 2. new text end
new text begin NETStudy 2.0 system. new text end
new text begin
(a) The NETStudy 2.0 system developed and
implemented by the commissioner shall incorporate and meet all applicable data security
standards and policies required by the Federal Bureau of Investigation (FBI), Department
of Public Safety, Bureau of Criminal Apprehension, and Department of Information
Technology Services. The system shall meet all required standards for encryption of data
at the database level as well as encryption of data that travels electronically among agencies
initiating background studies, the commissioner's authorized fingerprint collection vendor
or vendors, the commissioner, the Bureau of Criminal Apprehension, and in cases involving
national criminal record checks, the FBI.
new text end
new text begin
(b) The data system developed and implemented by the commissioner shall incorporate
a system of data security that allows the commissioner to control access to the data field
level by the commissioner's employees. The commissioner shall establish that employees
have access to the minimum amount of private data on any individual as is necessary to
perform their duties under this chapter.
new text end
new text begin
(c) The commissioner shall oversee regular quality and compliance audits of the
authorized fingerprint collection vendor or vendors.
new text end
new text begin Subd. 3. new text end
new text begin Use. new text end
new text begin
The commissioner may also use these systems and records to obtain and
provide criminal history data from the Bureau of Criminal Apprehension, criminal history
data held by the commissioner, and data about substantiated maltreatment under section
626.557 or chapter 260E, for other purposes, provided that the background study is
specifically authorized in statute.
new text end
new text begin Subd. 4. new text end
new text begin National records search. new text end
new text begin
(a) When specifically required by statute, the
commissioner shall also obtain criminal history data from the National Criminal Records
Repository.
new text end
new text begin
(b) To obtain criminal history data from the National Criminal Records Repository, the
commissioner shall require classifiable fingerprints of the data subject and must submit
these fingerprint requests through the Bureau of Criminal Apprehension.
new text end
new text begin
(c) The commissioner may require the background study subject to submit fingerprint
images electronically. The commissioner may not require electronic fingerprint images until
the electronic recording and transfer system is available for noncriminal justice purposes
and the necessary equipment is in use in the law enforcement agency in the background
study subject's local community.
new text end
new text begin
(d) The commissioner may recover the cost of obtaining and providing criminal history
data from the National Criminal Records Repository by charging the individual or entity
requesting the study a fee of no more than $30 per study. The fees collected under this
subdivision are appropriated to the commissioner for the purpose of obtaining criminal
history data from the National Criminal Records Repository.
new text end
Sec. 50. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 245C.02, subdivision 14b; 245C.032; and 245C.30,
subdivision 1a,
new text end
new text begin
are repealed.
new text end
ARTICLE 13
LICENSING
Section 1.
Minnesota Statutes 2022, section 245.095, is amended to read:
245.095 LIMITS ON RECEIVING PUBLIC FUNDS.
Subdivision 1.
Prohibition.
(a) If a provider, vendor, or individual enrolled, licensed,
receiving funds under a grant contract, or registered in any program administered by the
commissioner, including under the commissioner's powers and authorities in section 256.01,
is excluded from that program, the commissioner shall:
(1) prohibit the excluded provider, vendor, or individual from enrolling, becoming
licensed, receiving grant funds, or registering in any other program administered by the
commissioner; and
(2) disenroll, revoke or suspend a license, disqualify, or debar the excluded provider,
vendor, or individual in any other program administered by the commissioner.
new text begin
(b) If a provider, vendor, or individual enrolled, licensed, receiving funds under a grant
contract, or registered in any program administered by the commissioner, including under
the commissioner's powers and authorities in section 256.01, is excluded from that program,
the commissioner may:
new text end
new text begin
(1) prohibit any associated entities or associated individuals from enrolling, becoming
licensed, receiving grant funds, or registering in any other program administered by the
commissioner; and
new text end
new text begin
(2) disenroll, revoke or suspend a license of, disqualify, or debar any associated entities
or associated individuals in any other program administered by the commissioner.
new text end
new text begin
(c) If a provider, vendor, or individual enrolled, licensed, or otherwise receiving funds
under any contract or registered in any program administered by a Minnesota state or federal
agency is excluded from that program, the commissioner of human services may:
new text end
new text begin
(1) prohibit the excluded provider, vendor, individual, or any associated entities or
associated individuals from enrolling, becoming licensed, receiving grant funds, or registering
in any program administered by the commissioner; and
new text end
new text begin
(2) disenroll, revoke or suspend a license of, disqualify, or debar the excluded provider,
vendor, individual, or any associated entities or associated individuals in any program
administered by the commissioner.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end The duration of deleted text begin thisdeleted text end new text begin anew text end prohibition, disenrollment, revocation, suspension,
disqualification, or debarmentnew text begin under paragraph (a)new text end must last for the longest applicable
sanction or disqualifying period in effect for the provider, vendor, or individual permitted
by state or federal law.new text begin The duration of a prohibition, disenrollment, revocation, suspension,
disqualification, or debarment under paragraphs (b) and (c) may last until up to the longest
applicable sanction or disqualifying period in effect for the provider, vendor, individual,
associated entity, or associated individual as permitted by state or federal law.
new text end
Subd. 2.
Definitions.
(a) For purposes of this section, the following definitions have the
meanings given deleted text begin themdeleted text end .
new text begin
(b) "Associated entity" means a provider or vendor owned or controlled by an excluded
individual.
new text end
new text begin
(c) "Associated individual" means an individual who owns or is an executive officer or
board member of an excluded provider or vendor.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end "Excluded" means deleted text begin disenrolled, disqualified, having a license that has been revoked
or suspended under chapter deleted text end deleted text begin 245Adeleted text end deleted text begin , or debarred or suspended under Minnesota Rules, part
1230.1150, or excluded pursuant to section 256B.064, subdivision 3deleted text end new text begin removed under other
authorities from a program administered by a Minnesota state or federal agency, including
a final determination to stop paymentsnew text end .
deleted text begin (c)deleted text end new text begin (e)new text end "Individual" means a natural person providing products or services as a provider
or vendor.
deleted text begin (d)deleted text end new text begin (f)new text end "Provider" deleted text begin includes any entity or individual receiving payment from a program
administered by the Department of Human Services, and an owner, controlling individual,
license holder, director, or managerial official of an entity receiving payment from a program
administered by the Department of Human Servicesdeleted text end new text begin means any entity, individual, owner,
controlling individual, license holder, director, or managerial official of an entity receiving
payment from a program administered by a Minnesota state or federal agencynew text end .
new text begin Subd. 3. new text end
new text begin Notice. new text end
new text begin
Within five days of taking an action under subdivision (1), paragraph
(a), (b), or (c), against a provider, vendor, individual, associated individual, or associated
entity, the commissioner must send notice of the action to the provider, vendor, individual,
associated individual, or associated entity. The notice must state:
new text end
new text begin
(1) the basis for the action;
new text end
new text begin
(2) the effective date of the action;
new text end
new text begin
(3) the right to appeal the action; and
new text end
new text begin
(4) the requirements and procedures for reinstatement.
new text end
new text begin Subd. 4. new text end
new text begin Appeal. new text end
new text begin
Upon receipt of a notice under subdivision 3, a provider, vendor,
individual, associated individual, or associated entity may request a contested case hearing,
as defined in section 14.02, subdivision 3, by filing with the commissioner a written request
of appeal. The scope of any contested case hearing is solely limited to action taken under
this section. The commissioner must receive the appeal request no later than 30 days after
the date the notice was mailed to the provider, vendor, individual, associated individual, or
associated entity. The appeal request must specify:
new text end
new text begin
(1) each disputed item and the reason for the dispute;
new text end
new text begin
(2) the authority in statute or rule upon which the provider, vendor, individual, associated
individual, or associated entity relies for each disputed item;
new text end
new text begin
(3) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and
new text end
new text begin
(4) any other information required by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Withholding of payments. new text end
new text begin
(a) Except as otherwise provided by state or federal
law, the commissioner may withhold payments to a provider, vendor, individual, associated
individual, or associated entity in any program administered by the commissioner, if the
commissioner determines there is a credible allegation of fraud for which an investigation
is pending for a program administered by a Minnesota state or federal agency.
new text end
new text begin
(b) For purposes of this subdivision, "credible allegation of fraud" means an allegation
that has been verified by the commissioner from any source, including but not limited to:
new text end
new text begin
(1) fraud hotline complaints;
new text end
new text begin
(2) claims data mining;
new text end
new text begin
(3) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations; and
new text end
new text begin
(4) court filings and other legal documents, including but not limited to police reports,
complaints, indictments, informations, affidavits, declarations, and search warrants.
new text end
new text begin
(c) The commissioner must send notice of the withholding of payments within five days
of taking such action. The notice must:
new text end
new text begin
(1) state that payments are being withheld according to this subdivision;
new text end
new text begin
(2) set forth the general allegations related to the withholding action, except the notice
need not disclose specific information concerning an ongoing investigation;
new text end
new text begin
(3) state that the withholding is for a temporary period and cite the circumstances under
which the withholding will be terminated; and
new text end
new text begin
(4) inform the provider, vendor, individual, associated individual, or associated entity
of the right to submit written evidence to contest the withholding action for consideration
by the commissioner.
new text end
new text begin
(d) The commissioner shall stop withholding payments if the commissioner determines
there is insufficient evidence of fraud by the provider, vendor, individual, associated
individual, or associated entity or when legal proceedings relating to the alleged fraud are
completed, unless the commissioner has sent notice under subdivision 3 to the provider,
vendor, individual, associated individual, or associated entity.
new text end
new text begin
(e) The withholding of payments is a temporary action and is not subject to appeal under
section 256.045 or chapter 14.
new text end
Sec. 2.
new text begin
[245.7351] PURPOSE AND ESTABLISHMENT.
new text end
new text begin
The certified community behavioral health clinic model is an integrated payment and
service delivery model that uses evidence-based behavioral health practices to achieve better
outcomes for individuals diagnosed with behavioral health disorders while achieving
sustainable rates for providers and economic efficiencies for payors.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 3.
new text begin
[245.7352] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
The definitions in this section apply to sections 245.7351 to
245.736.
new text end
new text begin Subd. 2. new text end
new text begin Approval. new text end
new text begin
"Approval" has the meaning given in section 245I.02, subdivision
2.
new text end
new text begin Subd. 3. new text end
new text begin Care coordination. new text end
new text begin
"Care coordination" means the activities required to
coordinate care across settings and providers for the people served to ensure seamless
transitions across the full spectrum of health services. Care coordination includes: outreach
and engagement; documenting a plan of care for medical, behavioral health, and social
services and supports in the integrated treatment plan; assisting with obtaining appointments;
confirming appointments are kept; developing a crisis plan; tracking medication; and
implementing care coordination agreements with external providers. Care coordination may
include psychiatric consultation to primary care practitioners and mental health clinical care
consultation.
new text end
new text begin Subd. 4. new text end
new text begin Certified community behavioral health clinic or CCBHC. new text end
new text begin
"Certified
community behavioral health clinic" or "CCBHC" means a program or provider governed
under sections 245.7351 to 245.736.
new text end
new text begin Subd. 5. new text end
new text begin Clinical responsibility. new text end
new text begin
"Clinical responsibility" means ensuring a designated
collaborating organization meets all clinical parameters required of the CCBHC.
new text end
new text begin Subd. 6. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of human services.
new text end
new text begin Subd. 7. new text end
new text begin Comprehensive evaluation. new text end
new text begin
"Comprehensive evaluation" means a
person-centered, family-centered, trauma-informed evaluation completed for the purposes
of diagnosis, treatment planning, and determination of client eligibility for services approved
by a mental health professional.
new text end
new text begin Subd. 8. new text end
new text begin Crisis services. new text end
new text begin
"Crisis services" means crisis mental health and substance use
services, including 24-hour mobile crisis teams, emergency crisis intervention services,
crisis stabilization through existing mobile crisis services, and ambulatory withdrawal
management services equal to the American Society of Addiction Medicine's levels of care
1.0 or 2.0.
new text end
new text begin Subd. 9. new text end
new text begin Cultural and linguistic competence. new text end
new text begin
"Cultural and linguistic competence"
means appropriate services are respectful of and responsive to the health beliefs, practices,
and needs of diverse individuals.
new text end
new text begin Subd. 10. new text end
new text begin Designated collaborating organization. new text end
new text begin
"Designated collaborating
organization" means an entity with a formal agreement with a CCBHC to furnish CCBHC
services.
new text end
new text begin Subd. 11. new text end
new text begin Designated collaborating organization agreement. new text end
new text begin
"Designated collaborating
organization agreement" means a purchase of services agreement between a CCBHC and
a designated collaborating organization as evidenced by a contract, memorandum of
agreement, memorandum of understanding, or other such formal arrangement that describes
specific CCBHC services to be purchased and provided by a designated collaborating
organization on behalf of a CCBHC in accordance with federal and state requirements.
new text end
new text begin Subd. 12. new text end
new text begin Face to face. new text end
new text begin
"Face to face" means two-way, real-time, interactive and visual
communication between a client and a treatment service provider, including services delivered
in person or via telehealth.
new text end
new text begin Subd. 13. new text end
new text begin Functional assessment. new text end
new text begin
"Functional assessment" means the assessment of a
client's current level of functioning relative to functioning that is appropriate for someone
the client's age.
new text end
new text begin
The CCBHC functional assessment requirements replace the requirements in:
new text end
new text begin
(1) section 256B.0623, subdivision 9;
new text end
new text begin
(2) section 245.4711, subdivision 3; and
new text end
new text begin
(3) Minnesota Rules, part 9520.0914, subpart 2, items A and B.
new text end
new text begin Subd. 14. new text end
new text begin Financial responsibility. new text end
new text begin
"Financial responsibility" means the responsibility
for billing CCBHC services rendered under contract by a designated collaborating
organization.
new text end
new text begin Subd. 15. new text end
new text begin Grievances. new text end
new text begin
CCBHCs and designated collaborating organization providers
must allow all service recipients access to grievance procedures, which must satisfy the
minimum requirements of Medicaid and other grievance requirements including requirements
that may be mandated by relevant accrediting entities.
new text end
new text begin Subd. 16. new text end
new text begin Initial evaluation. new text end
new text begin
"Initial evaluation" means an evaluation that is designed
to gather and document initial components of the comprehensive evaluation, allowing the
assessor to formulate a preliminary diagnosis and the client to begin services.
new text end
new text begin Subd. 17. new text end
new text begin Initial evaluation equivalents. new text end
new text begin
"Initial evaluation equivalents" means using
a process that is approved by the commissioner as an alternative to the initial evaluation.
new text end
new text begin Subd. 18. new text end
new text begin Integrated treatment plan. new text end
new text begin
"Integrated treatment plan" means a documented
plan of care that uses the American Society for Addiction Medicine's six dimensions criteria
as an organizational framework.
new text end
new text begin Subd. 19. new text end
new text begin Limited English proficiency. new text end
new text begin
"Limited English proficiency" includes
individuals who do not speak English as a primary language or who have a limited ability
to read, write, speak, or understand English and who may be eligible to receive language
assistance.
new text end
new text begin Subd. 20. new text end
new text begin Outpatient withdrawal management. new text end
new text begin
"Outpatient withdrawal management"
means a time-limited service delivered in an office setting, an outpatient behavioral health
clinic, or a person's home by staff providing medically supervised evaluation and
detoxification services to achieve safe and comfortable withdrawal from substances and
facilitate transition into ongoing treatment and recovery. Outpatient withdrawal management
services include assessment, withdrawal management, planning, medication prescribing
and management, trained observation of withdrawal symptoms, and supportive services.
new text end
new text begin Subd. 21. new text end
new text begin Preliminary screening and risk assessment. new text end
new text begin
"Preliminary screening and risk
assessment" means a screening and risk assessment that is completed at the first contact
with the prospective CCBHC service recipient and determines the acuity of recipient need.
new text end
new text begin Subd. 22. new text end
new text begin Preliminary treatment plan. new text end
new text begin
"Preliminary treatment plan" means an initial
plan of care that is written as a part of all initial evaluations, initial evaluation equivalents,
or comprehensive evaluations.
new text end
new text begin Subd. 23. new text end
new text begin Needs assessment. new text end
new text begin
"Needs assessment" means a systematic approach to
identifying community needs and determining program capacity to address the needs of the
population being served.
new text end
new text begin Subd. 24. new text end
new text begin Scope of services. new text end
new text begin
"Scope of services" means services that are published by
the commissioner and that constitute a CCBHC encounter that is eligible for the daily
bundled rate.
new text end
new text begin Subd. 25. new text end
new text begin State-sanctioned crisis services. new text end
new text begin
"State-sanctioned crisis services" means
adult and children's crisis response services conducted by an entity enrolled to provide crisis
services under section 256B.0624.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 4.
new text begin
[245.7353] APPLICABILITY.
new text end
new text begin Subdivision 1. new text end
new text begin Certification process. new text end
new text begin
(a) The commissioner must establish a state
certification process for certified community behavioral health clinics that satisfy all federal
and state requirements necessary for CCBHCs certified under sections 245.7351 to 245.736
to be eligible for reimbursement under medical assistance, without service area limits based
on geographic area or region. The commissioner must consult with CCBHC stakeholders
before establishing and implementing changes in the certification process and requirements.
new text end
new text begin
(b) The certification process must:
new text end
new text begin
(1) evaluate whether the prospective or recertifying CCBHC meets all certification
requirements in this section;
new text end
new text begin
(2) evaluate whether the prospective or recertifying CCBHC meets the certification
requirements for all required services listed in section 245.7358; and
new text end
new text begin
(3) include a review period that includes a site visit or virtual site visit conducted using
two-way video conferencing technology within 90 calendar days of receipt of an application
for certification or recertification.
new text end
new text begin Subd. 2. new text end
new text begin Certifications and licensures required. new text end
new text begin
In addition to all other requirements
contained in sections 245.7351 to 245.736, a CCBHC must:
new text end
new text begin
(1) be certified as a mental health clinic under section 245I.20;
new text end
new text begin
(2) be licensed to provide substance use disorder treatment under chapter 245G;
new text end
new text begin
(3) be certified to provide children's therapeutic services and supports under section
256B.0943;
new text end
new text begin
(4) be certified to provide adult rehabilitative mental health services under section
256B.0623;
new text end
new text begin
(5) be enrolled to provide mental health crisis response services under section 256B.0624;
new text end
new text begin
(6) be enrolled to provide mental health targeted case management under section
256B.0625, subdivision 20;
new text end
new text begin
(7) comply with standards relating to mental health case management in Minnesota
Rules, parts 9520.0900 to 9520.0926; and
new text end
new text begin
(8) comply with standards relating to peer services under sections 256B.0615, 256B.0616,
and 245G.07, subdivision 2, clause (8), as applicable when peer services are provided.
new text end
new text begin Subd. 3. new text end
new text begin Certification schedule. new text end
new text begin
The commissioner must recertify CCBHCs no later
than 36 months from the date of initial certification or the date of the last recertification.
The commissioner must provide a 90-day notice in advance of recertification.
new text end
new text begin Subd. 4. new text end
new text begin Variance authority. new text end
new text begin
When the standards listed in sections 245.7351 to 245.736
or other applicable standards conflict or address similar issues in duplicative or incompatible
ways, the commissioner may grant variances to state requirements if the variances do not
conflict with federal requirements for services reimbursed under medical assistance. If
standards overlap, the commissioner may substitute all or a part of a licensure or certification
that is substantially the same as another licensure or certification. The commissioner must
consult with stakeholders as described in subdivision 1 before granting variances under this
subdivision. For the CCBHC that is certified but not approved for prospective payment
under section 256B.0625, subdivision 5m, the commissioner may grant a variance under
this paragraph if the variance does not increase the state share of costs.
new text end
new text begin Subd. 5. new text end
new text begin Notice and opportunity for correction. new text end
new text begin
If the commissioner finds that a
prospective or certified CCBHC has failed to comply with an applicable law or rule and
this failure does not imminently endanger health, safety, or rights of the persons served by
the program, the commissioner may issue a notice ordering a correction. The notice ordering
a correction must state the following in plain language:
new text end
new text begin
(1) the conditions that constitute a violation of the law or rule;
new text end
new text begin
(2) the specific law or rule violated; and
new text end
new text begin
(3) the time allowed to correct each violation.
new text end
new text begin Subd. 6. new text end
new text begin County letter of support. new text end
new text begin
A clinic that meets certification requirements for a
CCBHC under sections 245.7351 to 245.736 is not subject to any state law or rule that
requires a county contract or other form of county approval as a condition for licensure or
enrollment as a medical assistance provider. The commissioner must require evidence from
the CCBHC that it has an ongoing relationship with the county or counties it serves to
facilitate access and continuity of care, especially for individuals who are uninsured or who
may go on and off medical assistance.
new text end
new text begin Subd. 7. new text end
new text begin Decertification, denial of certification, or recertification request. new text end
new text begin
(a) The
commissioner must establish a process for decertification and must require corrective action,
medical assistance repayment, or decertification of a CCBHC that no longer meets the
requirements in this section.
new text end
new text begin
(b) The commissioner must provide the following to providers for the certification,
recertification, and decertification process:
new text end
new text begin
(1) a structured listing of required provider certification criteria;
new text end
new text begin
(2) a formal written letter with a determination of certification, recertification, or
decertification, signed by the commissioner or the appropriate division director; and
new text end
new text begin
(3) a formal written communication outlining the process for necessary corrective action
and follow-up by the commissioner if applicable.
new text end
new text begin Subd. 8. new text end
new text begin Demonstration entities. new text end
new text begin
The commissioner may operate the demonstration
program established by section 223 of the Protecting Access to Medicare Act if federal
funding for the demonstration program remains available from the United States Department
of Health and Human Services. To the extent practicable, the commissioner shall align the
requirements of the demonstration program with the requirements under sections 245.7351
to 245.736 for CCBHCs receiving medical assistance reimbursement. A CCBHC may not
apply to participate as a billing provider in both the CCBHC federal demonstration and the
benefit for CCBHCs under the medical assistance program.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 5.
new text begin
[245.7354] GOVERNANCE AND ORGANIZATIONAL STRUCTURE.
new text end
new text begin Subdivision 1. new text end
new text begin Eligible providers. new text end
new text begin
(a) An eligible CCBHC must be:
new text end
new text begin
(1) a nonprofit organization, exempt from tax under section 501(c)(3) of the United
States Internal Revenue Code;
new text end
new text begin
(2) part of a local government behavioral health authority;
new text end
new text begin
(3) operated under the authority of the Indian Health Service, an Indian Tribe, or Tribal
organization pursuant to a contract, grant, cooperative agreement, or compact with the Indian
Health Service pursuant to the Indian Self-Determination Act; or
new text end
new text begin
(4) an urban Indian organization pursuant to a grant or contract with the Indian Health
Service under Title V of the Indian Health Care Improvement Act.
new text end
new text begin
(b) A CCBHC must maintain documentation establishing its conformity with this section.
new text end
new text begin Subd. 2. new text end
new text begin Collaboration with American Indian and Alaska Native entities. new text end
new text begin
(a) A
CCBHC must enter into arrangements with the Indian Health Service and any Indian Tribes
or Tribal or urban Indian organizations within their geographic service area to assist with
and inform the provision of services for American Indian and Alaska Native clients.
new text end
new text begin
(b) A CCBHC operated by the Indian Health Service, an Indian Tribe, or a Tribal or
urban Indian organization is exempt from the requirement in paragraph (a).
new text end
new text begin Subd. 3. new text end
new text begin Board members. new text end
new text begin
(a) CCBHC board members must be representative of the
individuals being served by the CCBHC in terms of geographic area, race, ethnicity, sex,
gender identity, disability, age, sexual orientation, and types of disorders served. A CCBHC
must incorporate meaningful participation by adult clients with mental illness, adults
recovering from substance use disorders, and family members of CCBHC clients by:
new text end
new text begin
(1) having a board that is comprised of at least 51 percent clients, people in recovery
from behavioral health conditions, or their family members; or
new text end
new text begin
(2) having a substantial portion of the governing board members meeting the criteria in
clause (1) and implementing other specifically described methods for clients, people in
recovery, and their family members to provide meaningful input to the board about the
CCBHCs policies, processes, and services.
new text end
new text begin
(b) A CCBHC must demonstrate to the commissioner how it meets the requirement in
paragraph (a) or develop a transition plan with timelines appropriate to its governing board
size and target population to meet this requirement.
new text end
new text begin
(c) A CCBHC owned or operated by the state, a local government, a Tribal entity, or a
subsidiary or part of a larger corporate organization that cannot meet these requirements
for board membership shall notify the commissioner, specify the reasons why the CCBHC
cannot meet these requirements, and document that the CCBHC has developed or will
develop an advisory structure and other specifically described methods for clients, persons
in recovery, and family members to provide meaningful input to the board about the
CCBHC's policies, processes, and services.
new text end
new text begin
(d) As an alternative to the board membership requirement in paragraph (a), a CCBHC
may establish and implement other means of enhancing its governing body's ability to ensure
that the CCBHC is responsive to the needs of its clients, families, and communities. Efforts
to ensure responsiveness must focus on the full range of clients, services provided, geographic
areas covered, types of disorders, and levels of care provided. A CCBHC must seek approval
from the commissioner for any proposed alternative under this paragraph. If the commissioner
rejects a proposed alternative, the commissioner must require that additional or different
mechanisms be established to ensure that the board is responsive to the needs of CCBHC
clients and families. Every CCBHC approved under this paragraph must make publicly
available the changed outcomes and other results of the alternative means and structures
employed under this paragraph.
new text end
new text begin
(e) Members of a CCBHC's governing or advisory boards must also be representative
of the communities in the CCBHC's service area and must be selected for expertise in health
services, community affairs, local government, finance and banking, legal affairs, trade
unions, faith communities, commercial and industrial concerns, or social service agencies
within the communities served. No more than one-half of the governing board members
may derive more than 10 percent of their annual income from the health care industry.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 6.
new text begin
[245.7355] MINIMUM STAFFING STANDARDS.
new text end
new text begin Subdivision 1. new text end
new text begin Generally. new text end
new text begin
(a) A CCBHC must meet minimum staffing requirements as
identified in the certification process in the needs assessment under section 245.7357,
subdivision 5.
new text end
new text begin
(b) A CCBHC must employ or contract for clinic staff who have backgrounds in diverse
disciplines, including licensed mental health professionals, licensed alcohol and drug
counselors, staff who are culturally and linguistically trained to meet the needs of the
population the clinic serves, and staff who are trained to make accommodations to meet the
needs of clients with disabilities.
new text end
new text begin Subd. 2. new text end
new text begin Management team requirements. new text end
new text begin
(a) The management team must include,
at minimum, a chief executive officer or executive director and a medical director.
new text end
new text begin
(b) The medical director does not need to be a full-time employee of the CCBHC.
new text end
new text begin
(c) Depending on the size of the CCBHC, both positions may be held by the same person.
new text end
new text begin
(d) The medical director must ensure the medical component of care and the integration
of behavioral health, including addictions, and primary care are facilitated.
new text end
new text begin
(e) The medical director must be a medically trained behavioral health care provider
with appropriate education and licensure with prescription authority in psychopharmacology
who can prescribe and manage medications independently.
new text end
new text begin Subd. 3. new text end
new text begin Providers licensed to manage medication. new text end
new text begin
The CCBHC must directly employ
or through formal arrangement utilize a medically trained behavioral health care provider
who can independently prescribe and manage medications, including buprenorphine and
other medications used to treat opioid and alcohol use disorders.
new text end
new text begin Subd. 4. new text end
new text begin Alcohol and drug counselors. new text end
new text begin
A CCBHC must have staff, either directly
employed or available through formal arrangements, who are credentialed substance use
disorder specialists licensed under chapter 148F.
new text end
new text begin Subd. 5. new text end
new text begin Peer services. new text end
new text begin
A CCBHC must have staff, either directly employed or available
through formal arrangements, who are credentialed to provide peer support services under
section 256B.0615, 256B.0616, or 245G.07, subdivision 2, clause (8).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 7.
new text begin
[245.7356] TRAINING REQUIREMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Training plan. new text end
new text begin
(a) A CCBHC must follow training plan requirements
in existing statutes for specific certifications, licenses, providers, or service lines.
new text end
new text begin
(b) A CCBHC must have a training plan, for all employed and contracted staff, and for
providers at designated collaborating organizations who have contact with CCBHC clients.
new text end
new text begin Subd. 2. new text end
new text begin Training requirements. new text end
new text begin
(a) A CCBHC must ensure that any staff who is not
a veteran has training about military and veterans' culture in order to be able to understand
the unique experiences and contributions of those who have served their country.
new text end
new text begin
(b) At orientation and annually, a CCBHC must provide training about: (1) risk
assessment, suicide prevention, and suicide response; and (2) the roles of families and peers.
new text end
new text begin
(c) Credentialed personnel must comply with state licensing or certification requirements
and other requirements issued by the commissioner in accordance with requirements under
the Medicaid state plan.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 8.
new text begin
[245.7357] ACCESSIBILITY AND AVAILABILITY OF SERVICES.
new text end
new text begin Subdivision 1. new text end
new text begin Accessibility and availability of services. new text end
new text begin
(a) A CCBHC must ensure
that clinic services are available and accessible to individuals and families of all ages and
genders and that crisis management services are available 24 hours per day.
new text end
new text begin
(b) A CCBHC must provide a safe, functional, clean, and welcoming environment for
clients and staff, conducive to the provision of services identified in program requirement.
new text end
new text begin
(c) A CCBHC must provide outpatient clinical services during times that ensure
accessibility and meet the needs of the client population to be served, including some nights
and weekend hours.
new text end
new text begin
(d) If a CCBHC serves individuals with limited English proficiency or with
language-based disabilities, the CCBHC must take reasonable steps to provide meaningful
access to services for those clients.
new text end
new text begin
(e) A CCBHC must use culturally and linguistically appropriate screening tools and
approaches that accommodate disabilities when appropriate.
new text end
new text begin
(f) A CCBHC must ensure that interpretation and translation service are provided that
are appropriate and timely for the size and needs of the limited-English-proficiency CCBHC
client population. Any translation service providers must be trained to function in a medical
and, preferably, a behavioral health setting.
new text end
new text begin
(g) A CCBHC must ensure that documents or messages vital to a client's ability to access
services, such as registration forms, sliding scale fee discount schedules, after-hours coverage,
and signage are available for clients in languages common in the community served. A
CCBHC must take into account literacy levels and the need for alternative formats for clients
with disabilities. Such materials must be provided in a timely manner at intake. The requisite
languages must be informed by the needs assessment prepared prior to certification and
updated as necessary.
new text end
new text begin Subd. 2. new text end
new text begin Sliding fee scales. new text end
new text begin
(a) A CCBHC must establish fees for clinic services for
individuals who are not enrolled in medical assistance using a sliding fee to ensure that
services to clients are not denied or limited due to an individual's inability to pay for services.
new text end
new text begin
(b) The CCBHC must have written policies and procedures describing eligibility for
and implementation of the sliding fee discount schedule. The policies under this subdivision
must be applied equally to all individuals seeking services.
new text end
new text begin
(c) The CCBHC must ensure that no individual is denied behavioral health care services,
including but not limited to crisis management services, because of place of residence or
homelessness or lack of a permanent address.
new text end
new text begin Subd. 3. new text end
new text begin Access accommodations. new text end
new text begin
(a) A CCBHC must have protocols addressing the
needs of clients who do not live close to the CCBHC or within the CCBHC's geographic
service area. A CCBHC must provide, at a minimum, crisis response, evaluation, and
stabilization services regardless of place of residence. The required protocols under this
subdivision must address management of an out-of-geographic-area individual's ongoing
treatment needs beyond those required under this paragraph. The protocols may provide
for agreements with clinics in other localities, allowing CCBHCs to refer and track clients
seeking noncrisis services to the CCBHC or other clinic serving the client's county of
residence. For distant clients within the CCBHC's geographic service area, CCBHCs shall
consider the use of telehealth or telemedicine to the extent practicable. In no circumstances
may any individual be refused services because of place of residence.
new text end
new text begin
(b) To the extent possible, a CCBHC must provide transportation or transportation
vouchers for clients.
new text end
new text begin
(c) To the extent possible, a CCBHC must utilize mobile in-home, telehealth and
telemedicine, and online treatment services to ensure clients have access to all required
services.
new text end
new text begin
(d) A CCBHC must engage in outreach and engagement activities to assist individuals
and families to access benefits and formal or informal services to address behavioral health
conditions and needs.
new text end
new text begin
(e) Consistent with requirements of privacy, confidentiality, and client preference and
need, a CCBHC must assist individuals and families of children and youth referred to
external providers or resources in obtaining an appointment and must confirm the
appointment was kept.
new text end
new text begin Subd. 4. new text end
new text begin Addressing cultural needs. new text end
new text begin
A CCBHC must ensure all CCBHC services,
including those supplied by its designated collaborating organizations, conform to the
requirements of section 2402(a) of the Affordable Care Act; reflect person- and
family-centered, recovery-oriented care; and are respectful of the individual's needs,
preferences, and values. Person-centered and family-centered care includes care that
recognizes the particular cultural and other needs of the individual. This includes but is not
limited to services for clients who are American Indian or Alaska Native (AI/AN), for whom
access to traditional approaches or medicines may be part of CCBHC services. For clients
who are AI/AN, these services may be provided either directly or by formal arrangement
with Tribal providers.
new text end
new text begin Subd. 5. new text end
new text begin Needs assessment. new text end
new text begin
As part of the process leading to certification, the
commissioner must prepare an assessment of the needs of a prospective CCBHC's target
client population and a staffing plan. The needs assessment must include cultural, linguistic,
and treatment needs. The needs assessment must be performed prior to certification of a
CCBHC in order to inform staffing and services. After certification, a CCBHC must update
the needs assessment and the staffing plan, including both client and family and caregiver
input. The needs assessment and staffing plan must be updated no less frequently than every
three years.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 9.
new text begin
[245.7358] REQUIRED SERVICES.
new text end
new text begin Subdivision 1. new text end
new text begin Generally. new text end
new text begin
CCBHCs must provide nine core services identified in
subdivisions 2 and 3.
new text end
new text begin Subd. 2. new text end
new text begin Required services to be provided directly. new text end
new text begin
Unless otherwise specified in
sections 245.7351 to 245.736 and approved by the commissioner, a CCBHC must directly
provide the following:
new text end
new text begin
(1) ambulatory withdrawal management services ASAM levels 1.0 and 2.0;
new text end
new text begin
(2) treatment planning;
new text end
new text begin
(3) screening, assessment, diagnosis, and risk assessment;
new text end
new text begin
(4) outpatient mental health treatment; and
new text end
new text begin
(5) substance use disorder treatment services for both adult and adolescent populations.
new text end
new text begin Subd. 3. new text end
new text begin Direct or contracted required services. new text end
new text begin
A CCBHC must provide the following
services directly or via formal relationships with designated collaborating organizations:
new text end
new text begin
(1) targeted case management;
new text end
new text begin
(2) outpatient primary care screening and monitoring;
new text end
new text begin
(3) community-based mental health care for veterans;
new text end
new text begin
(4) peer, family support, and counselor services;
new text end
new text begin
(5) psychiatric rehabilitation services; and
new text end
new text begin
(6) crisis services conducted by a state-sanctioned provider.
new text end
new text begin Subd. 4. new text end
new text begin Care coordination required. new text end
new text begin
A CCBHC must directly provide coordination
of care across settings and providers to ensure seamless transitions for individuals being
served across the full spectrum of health services, including acute, chronic, and behavioral
needs. Care coordination may be accomplished through partnerships or formal contracts
with:
new text end
new text begin
(1) counties, health plans, pharmacists, pharmacies, rural health clinics, federally qualified
health centers, inpatient psychiatric facilities, substance use and detoxification facilities, or
community-based mental health providers; and
new text end
new text begin
(2) other community services, supports, and providers, including schools, child welfare
agencies, juvenile and criminal justice agencies, Indian health services clinics, Tribally
licensed health care and mental health facilities, urban Indian health clinics, Department of
Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute care hospitals,
and hospital outpatient clinics.
new text end
new text begin Subd. 5. new text end
new text begin Outreach and engagement required. new text end
new text begin
A CCBHC must provide outreach and
engagement services to the community, including promoting accessibility and culturally
and linguistically competent care, educating prospective CCBHC recipients about available
services, and connecting prospective CCBHC recipients with needed services.
new text end
new text begin Subd. 6. new text end
new text begin Initial evaluation; required elements. new text end
new text begin
(a) An initial evaluation must be
completed by a mental health professional or clinical trainee and approved by a mental
health professional as defined in section 245I.04, subdivision 2.
new text end
new text begin
(b) The timing of initial evaluation administration must be determined based on results
of the preliminary screening and risk assessment. If a client is assessed to be experiencing
a crisis-level behavioral health need, care must be provided immediately or within three
hours. If an urgent need is identified, the initial evaluation must be completed within one
business day. For all other new clients, an initial evaluation is required within ten business
days of the preliminary screening and risk assessment.
new text end
new text begin
(c) Initial evaluation equivalents, as defined by the commissioner, may be completed to
satisfy the requirement for the initial evaluation under this subdivision.
new text end
new text begin
(d) The initial evaluation must include the following components:
new text end
new text begin
(1) all data elements listed in section 245I.10, subdivision 5;
new text end
new text begin
(2) the client's gender, ethnicity, and race;
new text end
new text begin
(3) the client's insurance type and status and referral source;
new text end
new text begin
(4) the client's primary and secondary language;
new text end
new text begin
(5) the client's current housing status;
new text end
new text begin
(6) for a client reporting substance use, an assessment of withdrawal potential;
new text end
new text begin
(7) a list of current prescriptions and over-the-counter medications, as well as other
substances the client may be taking;
new text end
new text begin
(8) an assessment of whether the client is a risk to self or to others, including suicide
risk factors;
new text end
new text begin
(9) an assessment of whether the client has other concerns for their safety;
new text end
new text begin
(10) an assessment of need for medical care with referral and follow-up as required;
new text end
new text begin
(11) a determination of whether the client presently is or ever has been a member of the
United States armed forces; and
new text end
new text begin
(12) recommendations for services and preliminary treatment plan.
new text end
new text begin
(e) For programs governed by sections 245.7351 to 245.736, the CCBHC initial evaluation
requirements in this subdivision satisfy the requirements in:
new text end
new text begin
(1) section 245I.10, subdivision 5;
new text end
new text begin
(2) section 256B.0943, subdivisions 3 and 6, paragraph (b), clauses (1) and (2);
new text end
new text begin
(3) section 256B.0623, subdivision 3, clause (4);
new text end
new text begin
(4) section 245.4881, subdivisions 3 and 4;
new text end
new text begin
(5) section 245.4711, subdivisions 3 and 4;
new text end
new text begin
(6) Minnesota Rules, part 9520.0909, subpart 1;
new text end
new text begin
(7) Minnesota Rules, part 9520.0910, subpart 1;
new text end
new text begin
(8) Minnesota Rules, part 9520.0914, subpart 2, items A and B;
new text end
new text begin
(9) Minnesota Rules, part 9520.0918, subparts 1 and 2; and
new text end
new text begin
(10) Minnesota Rules, part 9520.0919, subparts 1 and 2.
new text end
new text begin Subd. 7. new text end
new text begin Comprehensive evaluation; required elements. new text end
new text begin
(a) All new CCBHC clients
must receive a comprehensive person-centered and family-centered diagnostic and treatment
planning evaluation to be completed within 60 calendar days following the preliminary
screening and risk assessment.
new text end
new text begin
(b) The comprehensive evaluation must be completed by a mental health professional
or clinical trainee and approved by a mental health professional as defined in section 245I.04,
subdivision 2.
new text end
new text begin
(c) A comprehensive evaluation includes a review and synthesis of existing information
obtained from external sources, including the use of an externally completed diagnostic
assessment, internal staff, preliminary screening and risk assessment, crisis assessment,
initial evaluation, primary care screenings, and other services received at the CCBHC.
new text end
new text begin
(d) The assessor must complete a client's comprehensive evaluation within the client's
cultural context.
new text end
new text begin
(e) When a CCBHC client is engaged in substance use disorder services provided by
the CCBHC, the comprehensive evaluation must also be approved by an alcohol and drug
counselor as defined in section 245G.11, subdivision 5.
new text end
new text begin
(f) A CCBHC comprehensive evaluation completed according to the standards in
subdivision 7 replaces the requirements for a comprehensive assessment in section 245G.05,
subdivision 1, if the following items are included in the comprehensive evaluation:
new text end
new text begin
(1) chemical use history, including the amounts and types of chemicals, frequency and
duration, periods of abstinence, and circumstances of relapse;
new text end
new text begin
(2) for each chemical used within the previous 30 days, the date and time of most recent
use and withdrawal potential;
new text end
new text begin
(3) previous attempts at treatment for chemical use or gambling;
new text end
new text begin
(4) problem behaviors when under the influence of chemicals; and
new text end
new text begin
(5) legal interventions and arrests.
new text end
new text begin
(g) The comprehensive evaluation must include the following components:
new text end
new text begin
(1) all data elements listed in section 245I.10, subdivision 6;
new text end
new text begin
(2) the client's gender, ethnicity, and race;
new text end
new text begin
(3) the client's insurance status and type and referral source;
new text end
new text begin
(4) the client's primary and secondary language;
new text end
new text begin
(5) a determination of whether the client presently is or ever has been a member of the
United States armed forces;
new text end
new text begin
(6) if an initial evaluation was completed, an update on each component;
new text end
new text begin
(7) for a client who reports substance use, an assessment of withdrawal potential;
new text end
new text begin
(8) an assessment of need for medical care and follow-up as required;
new text end
new text begin
(9) any drug allergies;
new text end
new text begin
(10) the client's legal issues;
new text end
new text begin
(11) the client's parenting status; and
new text end
new text begin
(12) any data obtained from administration of an approved depression screening tool.
new text end
new text begin
(h) A comprehensive evaluation must be updated at least annually for all adult clients
who continue to engage in behavioral health services, and:
new text end
new text begin
(1) when the client's presentation does not appear to align with the current diagnostic
formulation; or
new text end
new text begin
(2) when the client or mental health professional suspect the emergence of a new
diagnosis.
new text end
new text begin
(i) A comprehensive evaluation update must contain the following components:
new text end
new text begin
(1) a written update detailing all significant new or changed mental health symptoms,
as well as a description of how the new or changed symptoms are impacting functioning;
new text end
new text begin
(2) any diagnostic formulation updates, including rationale for new diagnoses as needed;
and
new text end
new text begin
(3) a rationale for removal of any existing diagnoses, as needed.
new text end
new text begin
(j) When completing a comprehensive evaluation of a client who is five years of age or
younger, the assessor must use the current edition of the DC: 0-5 Diagnostic Classification
of Mental Health and Development Disorders of Infancy and Early Childhood published
by Zero to Three. The comprehensive evaluation of children age five years and younger:
new text end
new text begin
(1) must include an initial session without the client present and may include treatment
to the parents or guardians along with inquiring about the child;
new text end
new text begin
(2) may consist of three to five separate encounters;
new text end
new text begin
(3) must incorporate the level of care assessment;
new text end
new text begin
(4) must be completed prior to recommending additional CCBHC services; and
new text end
new text begin
(5) must not contain scoring of the American Society of Addiction Medicine six
dimensions.
new text end
new text begin
(k) For programs governed by sections 245.7351 to 245.736, the CCBHC initial
evaluation requirements in this subdivision satisfy the requirements in:
new text end
new text begin
(1) section 245I.10, subdivision 2a;
new text end
new text begin
(2) section 245I.10, subdivisions 4 to 6;
new text end
new text begin
(3) section 245G.04, subdivision 1;
new text end
new text begin
(4) section 256B.0943, subdivisions 3 and 6, paragraph (b), clause (1);
new text end
new text begin
(5) section 256B.0623, subdivision 3, clause (4);
new text end
new text begin
(6) section 245.4711, subdivision 2;
new text end
new text begin
(7) section 245.4881, subdivision 2;
new text end
new text begin
(8) Minnesota Rules, part 9520.0910, subpart 1;
new text end
new text begin
(9) Minnesota Rules, part 9520.0909, subpart 1; and
new text end
new text begin
(10) Minnesota Rules, part 9520.0914, subpart 2, items A and B.
new text end
new text begin Subd. 8. new text end
new text begin Integrated treatment plan; required elements. new text end
new text begin
(a) An integrated treatment
plan must be approved by a mental health professional as defined in section 245I.04,
subdivision 2.
new text end
new text begin
(b) An integrated treatment plan must be completed within 60 calendar days following
the completion of the preliminary screening and risk assessment.
new text end
new text begin
(c) An integrated treatment plan must use the American Society of Addiction Medicine
six-dimensional framework; be structured as defined in section 245I.10, subdivisions 7 and
8; and use a person- and family-centered planning process that includes the client, any
family or client-identified natural supports, CCBHC service providers, and care coordination
staff.
new text end
new text begin
(d) An integrated treatment plan must be updated at least every six months or earlier
based on changes in the client's circumstances.
new text end
new text begin
(e) When a client is engaged in substance use disorder services at a CCBHC, the
integrated treatment plan must also be approved by an alcohol and drug counselor as defined
in section 245G.11, subdivision 5.
new text end
new text begin
(f) The treatment plan must integrate prevention, medical and behavioral health needs,
and service delivery and must be developed by the CCBHC in collaboration with and
endorsed by the client, the adult client's family to the extent the client wishes, or family or
caregivers of youth and children. The treatment plan must also be coordinated with staff or
programs necessary to carry out the plan.
new text end
new text begin
(g) The CCBHC integrated treatment plan requirements in this subdivision replaces the
requirements in sections:
new text end
new text begin
(1) 256B.0943, subdivision 6, paragraph (b), clause (2);
new text end
new text begin
(2) 245I.10, subdivisions 7 and 8;
new text end
new text begin
(3) 245G.06, subdivision 1; and
new text end
new text begin
(4) 245G.09, subdivision 3, clause (6).
new text end
new text begin Subd. 9. new text end
new text begin Exemptions to evaluation and treatment planning requirements. new text end
new text begin
(a) In
situations where a CCBHC client is receiving exclusively psychiatric evaluation and
management services and no other CCBHC services, the psychiatric history and physical
fulfills requirements for the comprehensive evaluation, and a separate comprehensive
evaluation is not required.
new text end
new text begin
(b) Each new client must have a preliminary screening and risk assessment.
new text end
new text begin
(c) Evaluation and management documentation and treatment goals fulfill requirements
for the CCBHC integrated treatment plan.
new text end
new text begin
(d) Comprehensive evaluation updates and integrated treatment plan updates are not
required for clients receiving exclusively psychiatric evaluation and management services.
new text end
new text begin
(e) If the client is subsequently referred to any other CCBHC service, a comprehensive
evaluation and integrated treatment plan must be completed within 60 calendar days of the
referral, and the client must have comprehensive evaluation and integrated treatment plan
updates as defined in subdivisions 7 and 8.
new text end
new text begin
(f) Clients receiving exclusively psychiatric evaluation and management services must
be provided with information about the full array of services available to them within the
CCBHC at the first appointment for new clients and next scheduled appointment for existing
clients. This can be accomplished via face-to-face meeting with a care coordinator or
incorporated into a scheduled meeting with the psychiatric provider. The provider must
document client receipt of this information within the client's electronic health record.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 10.
new text begin
[245.7359] REQUIRED EVIDENCE-BASED SERVICES.
new text end
new text begin Subdivision 1. new text end
new text begin Generally. new text end
new text begin
A CCBHC must use evidence-based practices in all services.
Treatments must be provided in a manner appropriate for each client's phase of life and
development, specifically considering what is appropriate for children, adolescents,
transition-age youth, and older adults, as distinct groups for whom life stage and functioning
may affect treatment. Specifically, when treating children and adolescents, a CCHBC must
provide evidence-based services that are developmentally appropriate, youth guided, and
family and caregiver driven. When treating older adults, an individual client's desires and
functioning must be considered, and appropriate evidence-based treatments must be provided.
When treating individuals with developmental or other cognitive disabilities, level of
functioning must be considered, and appropriate evidence-based treatments must be provided.
The treatments referenced in this subdivision must be delivered by staff with specific training
in treating the segment of the population being served.
new text end
new text begin Subd. 2. new text end
new text begin Required evidence-based practices. new text end
new text begin
A CCBHC must use evidence-based
practices, including the use of cognitive behavioral therapy, motivational interviewing,
stages of change, and trauma treatment appropriate for populations being served.
new text end
new text begin Subd. 3. new text end
new text begin Issuance of and amendments to evidence-based practices requirements. new text end
new text begin
The
commissioner must issue a list of required evidence-based practices to be delivered by
CCBHCs and may also provide a list of recommended evidence-based practices. The
commissioner may update the list to reflect advances in outcomes research and medical
services for persons living with mental illnesses or substance use disorders. The commissioner
must take into consideration the adequacy of evidence to support the efficacy of the practice,
the quality of workforce available, and the current availability of the practice in the state.
At least 30 days before issuing the initial list and any revisions, the commissioner must
provide stakeholders with an opportunity to comment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 11.
new text begin
[245.736] DESIGNATED COLLABORATING ORGANIZATION.
new text end
new text begin Subdivision 1. new text end
new text begin Generally. new text end
new text begin
A CCBHC must directly provide a core set of services listed
in section 245.7358, subdivision 2, and may directly provide or contract for the remainder
of the services listed in section 245.7358, subdivision 3, with a designated collaborating
organization as defined in section 245.7351, subdivision 10, that has the required authority
to provide that service and that meets the criteria as a designated collaborating organization
under subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Designated collaborating organization requirements. new text end
new text begin
(a) A CCBHC providing
CCBHC services via a designated collaborating organization agreement must:
new text end
new text begin
(1) have a formal agreement, as defined in section 245.7351, subdivision 11, with the
designated collaborating organization to furnish one or more of the allowable services listed
under section 245.7358, subdivision 3;
new text end
new text begin
(2) ensure that CCBHC services provided by a designated collaborating organization
must be provided in accordance with CCBHC service standards and provider requirements;
new text end
new text begin
(3) maintain responsibility for coordinating care and clinical and financial responsibility
for the services provided by a designated collaborating organization;
new text end
new text begin
(4) as applicable and necessary, ensure that a contracted designated collaborating
organization participates in CCBHC care coordination activities, including utilizing health
information technology to facilitate coordination and care transfers across organizations
and arranging access to data necessary for quality and financial operations and reporting;
new text end
new text begin
(5) ensure beneficiaries receiving CCBHC services at the designated collaborating
organization have access to the CCBHC grievance process;
new text end
new text begin
(6) submit all designated collaborating organization agreements for review and approval
by the commissioner prior to the designated collaborating organization furnishing CCBHC
services; and
new text end
new text begin
(7) meet any additional requirements issued by the commissioner.
new text end
new text begin
(b) Designated collaborating organization agreements must be submitted during the
certification process. Adding new designated collaborating organization relationships after
initial certification requires updates to the CCBHC certification. A CCBHC must update
designated collaborating organization information and the designated collaborating
organization agreement with the commissioner a minimum of 30 days prior to the execution
of a designated collaborating organization agreement. The commissioner must review and
approve or offer recommendations for designated collaborating organization agreement
modifications
new text end
new text begin
(c) Designated collaborating organizations furnishing services under an agreement with
CCBHCs must meet all standards established in sections 245.7351 to 245.736 for the service
the designated collaborating organization is providing. CCBHCs maintain responsibility
for care coordination and are clinically and financially responsible for CCBHC services
provided by a designated collaborating organization.
new text end
new text begin
(d) Designated collaborating organization financial and payment processes must follow
those outlined in section 256B.0625, subdivision 5m, paragraph (c), clause (10).
new text end
new text begin Subd. 3. new text end
new text begin Designated collaborative organization agreements. new text end
new text begin
Designated collaborative
organization agreements must include:
new text end
new text begin
(1) the scope of CCBHC services to be furnished;
new text end
new text begin
(2) the payment methodology and rates for purchased services;
new text end
new text begin
(3) a requirement that the CCBHC maintains financial and clinical responsibility for
services provided by the designated collaborating organization;
new text end
new text begin
(4) a requirement that the CCBHC retains responsibility for care coordination;
new text end
new text begin
(5) a requirement that the designated collaborating organization must have the necessary
certifications, licenses, and enrollments to provide the services;
new text end
new text begin
(6) a requirement that the staff providing CCBHC services within the designated
collaborating organization must have the proper licensure for the services provided;
new text end
new text begin
(7) a requirement that the designated collaborating organization meets CCBHC cultural
competency and training requirements;
new text end
new text begin
(8) a requirement that the designated collaborating organization must follow all federal,
state, and CCBHC requirements for confidentiality and data privacy;
new text end
new text begin
(9) a requirement that the designated collaborating organization must follow the grievance
procedures of the CCBHC;
new text end
new text begin
(10) a requirement that the designated collaborating organization must follow the CCBHC
requirements for person- and family-centered, recovery-oriented care, being respectful of
the individual person's needs, preferences, and values, and ensuring involvement by the
person being served and self-direction of services received. Services for children and youth
must be family-centered, youth-guided, and developmentally appropriate;
new text end
new text begin
(11) a requirement that clients seeking services must have freedom of choice of providers;
new text end
new text begin
(12) a requirement that the designated collaborating organization must be part of the
CCBHCs health information technology system directly or through data integration;
new text end
new text begin
(13) a requirement that the designated collaborating organization must provide all clinical
and financial data necessary to support CCBHC required service and billing operations;
and
new text end
new text begin
(14) a requirement that the CCBHC and the designated collaborating organization have
safeguards in place to ensure that the designated collaborating organization does not receive
a duplicate payment for services that are included in the CCBHC's daily bundled rate.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 12.
Minnesota Statutes 2022, section 245A.02, subdivision 2c, is amended to read:
Subd. 2c.
Annual or annually; family child care deleted text begin training requirementsdeleted text end .
For the
purposes of sections 245A.50 to 245A.53, "annual" or "annually" means deleted text begin the 12-month
period beginning on the license effective date or the annual anniversary of the effective date
and ending on the day prior to the annual anniversary of the license effective datedeleted text end new text begin each
calendar yearnew text end .
Sec. 13.
Minnesota Statutes 2022, section 245A.04, subdivision 1, is amended to read:
Subdivision 1.
Application for licensure.
(a) An individual, organization, or government
entity that is subject to licensure under section 245A.03 must apply for a license. The
application must be made on the forms and in the manner prescribed by the commissioner.
The commissioner shall provide the applicant with instruction in completing the application
and provide information about the rules and requirements of other state agencies that affect
the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
Minnesota must have a program office located within 30 miles of the Minnesota border.
An applicant who intends to buy or otherwise acquire a program or services licensed under
this chapter that is owned by another license holder must apply for a license under this
chapter and comply with the application procedures in this section and section 245A.03.
The commissioner shall act on the application within 90 working days after a complete
application and any required reports have been received from other state agencies or
departments, counties, municipalities, or other political subdivisions. The commissioner
shall not consider an application to be complete until the commissioner receives all of the
required information.
When the commissioner receives an application for initial licensure that is incomplete
because the applicant failed to submit required documents or that is substantially deficient
because the documents submitted do not meet licensing requirements, the commissioner
shall provide the applicant written notice that the application is incomplete or substantially
deficient. In the written notice to the applicant the commissioner shall identify documents
that are missing or deficient and give the applicant 45 days to resubmit a second application
that is substantially complete. An applicant's failure to submit a substantially complete
application after receiving notice from the commissioner is a basis for license denial under
section 245A.05.
(b) An application for licensure must identify all controlling individuals as defined in
section 245A.02, subdivision 5a, and must designate one individual to be the authorized
agent. The application must be signed by the authorized agent and must include the authorized
agent's first, middle, and last name; mailing address; and email address. By submitting an
application for licensure, the authorized agent consents to electronic communication with
the commissioner throughout the application process. The authorized agent must be
authorized to accept service on behalf of all of the controlling individuals. A government
entity that holds multiple licenses under this chapter may designate one authorized agent
for all licenses issued under this chapter or may designate a different authorized agent for
each license. Service on the authorized agent is service on all of the controlling individuals.
It is not a defense to any action arising under this chapter that service was not made on each
controlling individual. The designation of a controlling individual as the authorized agent
under this paragraph does not affect the legal responsibility of any other controlling individual
under this chapter.
(c) An applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for persons served
by the program, from abusing prescription medication or being in any manner under the
influence of a chemical that impairs the individual's ability to provide services or care. The
license holder must train employees, subcontractors, and volunteers about the program's
drug and alcohol policy.
(d) An applicant and license holder must have a program grievance procedure that permits
persons served by the program and their authorized representatives to bring a grievance to
the highest level of authority in the program.
(e) The commissioner may limit communication during the application process to the
authorized agent or the controlling individuals identified on the license application and for
whom a background study was initiated under chapter 245C.new text begin Upon implementation of the
provider licensing and reporting hub, applicants and license holders must use the hub in the
manner prescribed by the commissioner.new text end The commissioner may require the applicant,
except for child foster care, to demonstrate competence in the applicable licensing
requirements by successfully completing a written examination. The commissioner may
develop a prescribed written examination format.
(f) When an applicant is an individual, the applicant must provide:
(1) the applicant's taxpayer identification numbers including the Social Security number
or Minnesota tax identification number, and federal employer identification number if the
applicant has employees;
(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, if any;
(3) if doing business under a different name, the doing business as (DBA) name, as
registered with the secretary of state;
(4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique
Minnesota Provider Identifier (UMPI) number; and
(5) at the request of the commissioner, the notarized signature of the applicant or
authorized agent.
(g) When an applicant is an organization, the applicant must provide:
(1) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;
(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, and if doing business under a different
name, the doing business as (DBA) name, as registered with the secretary of state;
(3) the first, middle, and last name, and address for all individuals who will be controlling
individuals, including all officers, owners, and managerial officials as defined in section
245A.02, subdivision 5a, and the date that the background study was initiated by the applicant
for each controlling individual;
(4) if applicable, the applicant's NPI number and UMPI number;
(5) the documents that created the organization and that determine the organization's
internal governance and the relations among the persons that own the organization, have
an interest in the organization, or are members of the organization, in each case as provided
or authorized by the organization's governing statute, which may include a partnership
agreement, bylaws, articles of organization, organizational chart, and operating agreement,
or comparable documents as provided in the organization's governing statute; and
(6) the notarized signature of the applicant or authorized agent.
(h) When the applicant is a government entity, the applicant must provide:
(1) the name of the government agency, political subdivision, or other unit of government
seeking the license and the name of the program or services that will be licensed;
(2) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;
(3) a letter signed by the manager, administrator, or other executive of the government
entity authorizing the submission of the license application; and
(4) if applicable, the applicant's NPI number and UMPI number.
(i) At the time of application for licensure or renewal of a license under this chapter, the
applicant or license holder must acknowledge on the form provided by the commissioner
if the applicant or license holder elects to receive any public funding reimbursement from
the commissioner for services provided under the license that:
(1) the applicant's or license holder's compliance with the provider enrollment agreement
or registration requirements for receipt of public funding may be monitored by the
commissioner as part of a licensing investigation or licensing inspection; and
(2) noncompliance with the provider enrollment agreement or registration requirements
for receipt of public funding that is identified through a licensing investigation or licensing
inspection, or noncompliance with a licensing requirement that is a basis of enrollment for
reimbursement for a service, may result in:
(i) a correction order or a conditional license under section 245A.06, or sanctions under
section 245A.07;
(ii) nonpayment of claims submitted by the license holder for public program
reimbursement;
(iii) recovery of payments made for the service;
(iv) disenrollment in the public payment program; or
(v) other administrative, civil, or criminal penalties as provided by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14.
Minnesota Statutes 2022, section 245A.04, subdivision 7, is amended to read:
Subd. 7.
Grant of license; license extension.
(a) If the commissioner determines that
the program complies with all applicable rules and laws, the commissioner shall issue a
license consistent with this section or, if applicable, a temporary change of ownership license
under section 245A.043. At minimum, the license shall state:
(1) the name of the license holder;
(2) the address of the program;
(3) the effective date and expiration date of the license;
(4) the type of license;
(5) the maximum number and ages of persons that may receive services from the program;
and
(6) any special conditions of licensure.
(b) The commissioner may issue a license for a period not to exceed two years if:
(1) the commissioner is unable to conduct the evaluation or observation required by
subdivision 4, paragraph (a), clause (4), because the program is not yet operational;
(2) certain records and documents are not available because persons are not yet receiving
services from the program; and
(3) the applicant complies with applicable laws and rules in all other respects.
(c) A decision by the commissioner to issue a license does not guarantee that any person
or persons will be placed or cared for in the licensed program.
(d) Except as provided in paragraphs deleted text begin (f) and (g)deleted text end new text begin (i) and (j)new text end , the commissioner shall not
issue deleted text begin or reissuedeleted text end a license if the applicant, license holder, or new text begin an affiliated new text end controlling individual
has:
(1) been disqualified and the disqualification was not set aside and no variance has been
granted;
(2) been denied a license under this chapter, within the past two years;
(3) had a license issued under this chapter revoked within the past five years;new text begin or
new text end
deleted text begin
(4) an outstanding debt related to a license fee, licensing fine, or settlement agreement
for which payment is delinquent; or
deleted text end
deleted text begin (5)deleted text end new text begin (4)new text end failed to submit the information required of an applicant under subdivision 1,
paragraph (f) or (g), after being requested by the commissioner.
When a license issued under this chapter is revoked deleted text begin under clause (1) or (3)deleted text end , the license
holder and new text begin each affiliated new text end controlling individual new text begin with a revoked license new text end may not hold any
license under chapter 245A for five years following the revocation, and other licenses held
by the applicantdeleted text begin ,deleted text end new text begin ornew text end license holderdeleted text begin ,deleted text end or new text begin licenses affiliated with each new text end controlling individual
shall also be revoked.
new text begin
(e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license
affiliated with a license holder or controlling individual that had a license revoked within
the past five years if the commissioner determines that (1) the license holder or controlling
individual is operating the program in substantial compliance with applicable laws and rules,
and (2) the program's continued operation is in the best interests of the community being
served.
new text end
new text begin
(f) Notwithstanding paragraph (d), the commissioner may issue a new license in response
to an application that is affiliated with an applicant, license holder, or controlling individual
that had an application denied within the past two years or a license revoked within the past
five years if the commissioner determines that (1) the applicant or controlling individual
has operated one or more programs in substantial compliance with applicable laws and
rules, and (2) the program's operation would be in the best interests of the community to be
served.
new text end
new text begin
(g) In determining whether a program's operation would be in the best interests of the
community to be served, the commissioner shall consider factors such as the number of
persons served, the availability of alternative services available in the surrounding
community, the management structure of the program, whether the program provides
culturally specific services, and other relevant factors.
new text end
deleted text begin (e)deleted text end new text begin (h)new text end The commissioner shall not issue or reissue a license under this chapter if an
individual living in the household where the services will be provided as specified under
section 245C.03, subdivision 1, has been disqualified and the disqualification has not been
set aside and no variance has been granted.
deleted text begin (f)deleted text end new text begin (i)new text end Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued
under this chapter has been suspended or revoked and the suspension or revocation is under
appeal, the program may continue to operate pending a final order from the commissioner.
If the license under suspension or revocation will expire before a final order is issued, a
temporary provisional license may be issued provided any applicable license fee is paid
before the temporary provisional license is issued.
deleted text begin (g)deleted text end new text begin (j)new text end Notwithstanding paragraph deleted text begin (f)deleted text end new text begin (i)new text end , when a revocation is based on the
disqualification of a controlling individual or license holder, and the controlling individual
or license holder is ordered under section 245C.17 to be immediately removed from direct
contact with persons receiving services or is ordered to be under continuous, direct
supervision when providing direct contact services, the program may continue to operate
only if the program complies with the order and submits documentation demonstrating
compliance with the order. If the disqualified individual fails to submit a timely request for
reconsideration, or if the disqualification is not set aside and no variance is granted, the
order to immediately remove the individual from direct contact or to be under continuous,
direct supervision remains in effect pending the outcome of a hearing and final order from
the commissioner.
deleted text begin (h)deleted text end new text begin (k)new text end For purposes of reimbursement for meals only, under the Child and Adult Care
Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A,
part 226, relocation within the same county by a licensed family day care provider, shall
be considered an extension of the license for a period of no more than 30 calendar days or
until the new license is issued, whichever occurs first, provided the county agency has
determined the family day care provider meets licensure requirements at the new location.
deleted text begin (i)deleted text end new text begin (l)new text end Unless otherwise specified by statute, all licenses issued under this chapter expire
at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must
apply for and be granted a new license to operate the program or the program must not be
operated after the expiration date.
deleted text begin (j)deleted text end new text begin (m)new text end The commissioner shall not issue or reissue a license under this chapter if it has
been determined that a tribal licensing authority has established jurisdiction to license the
program or service.
Sec. 15.
Minnesota Statutes 2022, section 245A.04, subdivision 7a, is amended to read:
Subd. 7a.
Notification required.
(a) A license holder must notify the commissioner, in
a manner prescribed by the commissioner, and obtain the commissioner's approval before
making any change that would alter the license information listed under subdivision 7,
paragraph (a).
(b) A license holder must also notify the commissioner, in a manner prescribed by the
commissioner, before making any change:
(1) to the license holder's authorized agent as defined in section 245A.02, subdivision
3b;
(2) to the license holder's controlling individual as defined in section 245A.02, subdivision
5a;
(3) to the license holder information on file with the secretary of state;
(4) in the location of the program or service licensed under this chapter; and
(5) to the federal or state tax identification number associated with the license holder.
(c) When, for reasons beyond the license holder's control, a license holder cannot provide
the commissioner with prior notice of the changes in paragraph (b), clauses (1) to (3), the
license holder must notify the commissioner by the tenth business day after the change and
must provide any additional information requested by the commissioner.
(d) When a license holder notifies the commissioner of a change to the license holder
information on file with the secretary of state, the license holder must provide amended
articles of incorporation and other documentation of the change.
new text begin
(e) Upon implementation of the provider licensing and reporting hub, license holders
must enter and update information in the hub in a manner prescribed by the commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2022, section 245A.05, is amended to read:
245A.05 DENIAL OF APPLICATION.
(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to submit a substantially complete application after receiving notice from the
commissioner under section 245A.04, subdivision 1;
(2) fails to comply with applicable laws or rules;
(3) knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;
(4) has a disqualification that has not been set aside under section 245C.22 and no
variance has been granted;
(5) has an individual living in the household who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
has not been set aside under section 245C.22, and no variance has been granted;
(6) is associated with an individual who received a background study under section
245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been set aside
under section 245C.22, and no variance has been granted;
(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
6;
(9) has a history of noncompliance as a license holder or controlling individual with
applicable laws or rules, including but not limited to this chapter and chapters 119B and
245C;
(10) is prohibited from holding a license according to section 245.095; or
(11) for a family foster setting, has nondisqualifying background study information, as
described in section 245C.05, subdivision 4, that reflects on the individual's ability to safely
provide care to foster children.
(b) An applicant whose application has been denied by the commissioner must be given
notice of the denial, which must state the reasons for the denial in plain language. Notice
must be given by certified mail deleted text begin ordeleted text end new text begin , bynew text end personal servicenew text begin , or through the provider licensing
and reporting hubnew text end . The notice must state the reasons the application was denied and must
inform the applicant of the right to a contested case hearing under chapter 14 and Minnesota
Rules, parts 1400.8505 to 1400.8612. new text begin When an order is issued through the hub, the applicant
or license holder is deemed to have received the order upon the date of issuance through
the hub. new text end The applicant may appeal the denial by notifying the commissioner in writing by
certified mail deleted text begin ordeleted text end new text begin , bynew text end personal servicenew text begin , or through the provider licensing and reporting hubnew text end .
If mailed, the appeal must be postmarked and sent to the commissioner within 20 calendar
days after the applicant received the notice of denial. If an appeal request is made by personal
servicenew text begin or through the hubnew text end , it must be received by the commissioner within 20 calendar days
after the applicant received the notice of denial. Section 245A.08 applies to hearings held
to appeal the commissioner's denial of an application.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17.
Minnesota Statutes 2022, section 245A.055, subdivision 2, is amended to read:
Subd. 2.
Reconsideration of closure.
If a license is closed, the commissioner must
notify the license holder of closure by certified mail deleted text begin ordeleted text end new text begin , bynew text end personal servicenew text begin , or through the
provider licensing and reporting hubnew text end . If mailed, the notice of closure must be mailed to the
last known address of the license holder and must inform the license holder why the license
was closed and that the license holder has the right to request reconsideration of the closure.
If the license holder believes that the license was closed in error, the license holder may ask
the commissioner to reconsider the closure. The license holder's request for reconsideration
must be made in writing and must include documentation that the licensed program has
served a client in the previous 12 months. The request for reconsideration must be postmarked
and sent to the commissioner new text begin or submitted through the provider licensing and reporting hub
new text end within 20 calendar days after the license holder receives the notice of closure. new text begin Upon
implementation of the provider licensing and reporting hub, the provider must use the hub
to request reconsideration. If the order is issued through the provider hub, the reconsideration
must be received by the commissioner within 20 calendar days from the date the
commissioner issued the order through the hub. new text end A timely request for reconsideration stays
imposition of the license closure until the commissioner issues a decision on the request for
reconsideration.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2022, section 245A.06, subdivision 1, is amended to read:
Subdivision 1.
Contents of correction orders and conditional licenses.
(a) If the
commissioner finds that the applicant or license holder has failed to comply with an
applicable law or rule and this failure does not imminently endanger the health, safety, or
rights of the persons served by the program, the commissioner may issue a correction order
and an order of conditional license to the applicant or license holder. When issuing a
conditional license, the commissioner shall consider the nature, chronicity, or severity of
the violation of law or rule and the effect of the violation on the health, safety, or rights of
persons served by the program. The correction order or conditional license must state the
following in plain language:
(1) the conditions that constitute a violation of the law or rule;
(2) the specific law or rule violated;
(3) the time allowed to correct each violation; and
(4) if a license is made conditional, the length and terms of the conditional license, and
the reasons for making the license conditional.
(b) Nothing in this section prohibits the commissioner from proposing a sanction as
specified in section 245A.07, prior to issuing a correction order or conditional license.
new text begin
(c) The commissioner may issue a correction order and an order of conditional license
to the applicant or license holder through the provider licensing and reporting hub. When
an order is issued through the hub, the applicant or license holder is deemed to have received
the order upon the date of issuance through the hub.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Minnesota Statutes 2022, section 245A.06, subdivision 2, is amended to read:
Subd. 2.
Reconsideration of correction orders.
(a) If the applicant or license holder
believes that the contents of the commissioner's correction order are in error, the applicant
or license holder may ask the Department of Human Services to reconsider the parts of the
correction order that are alleged to be in error. The request for reconsideration must be made
in writing and must be postmarked and sent to the commissioner new text begin or submitted in the provider
licensing and reporting hub new text end within 20 calendar days after receipt of the correction order by
the applicant or license holder, and:
(1) specify the parts of the correction order that are alleged to be in error;
(2) explain why they are in error; and
(3) include documentation to support the allegation of error.
new text begin Upon implementation of the provider licensing and reporting hub, the provider must use
the hub to request reconsideration. new text end A request for reconsideration does not stay any provisions
or requirements of the correction order. The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter 14.
(b) This paragraph applies only to licensed family child care providers. A licensed family
child care provider who requests reconsideration of a correction order under paragraph (a)
may also request, on a form and in the manner prescribed by the commissioner, that the
commissioner expedite the review if:
(1) the provider is challenging a violation and provides a description of how complying
with the corrective action for that violation would require the substantial expenditure of
funds or a significant change to their program; and
(2) describes what actions the provider will take in lieu of the corrective action ordered
to ensure the health and safety of children in care pending the commissioner's review of the
correction order.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2022, section 245A.06, subdivision 4, is amended to read:
Subd. 4.
Notice of conditional license; reconsideration of conditional license.
new text begin (a) new text end If
a license is made conditional, the license holder must be notified of the order by certified
mail deleted text begin ordeleted text end new text begin , bynew text end personal servicenew text begin , or through the provider licensing and reporting hubnew text end . If mailed,
the notice must be mailed to the address shown on the application or the last known address
of the license holder. The notice must state the reasons the conditional license was ordered
and must inform the license holder of the right to request reconsideration of the conditional
license by the commissioner. The license holder may request reconsideration of the order
of conditional license by notifying the commissioner by certified mail deleted text begin ordeleted text end new text begin , bynew text end personal servicenew text begin ,
or through the provider licensing and reporting hubnew text end . The request must be made in writing.
If sent by certified mail, the request must be postmarked and sent to the commissioner within
ten calendar days after the license holder received the order. If a request is made by personal
servicenew text begin or through the hubnew text end , it must be received by the commissioner within ten calendar
days after the license holder received the order. The license holder may submit with the
request for reconsideration written argument or evidence in support of the request for
reconsideration. A timely request for reconsideration shall stay imposition of the terms of
the conditional license until the commissioner issues a decision on the request for
reconsideration. If the commissioner issues a dual order of conditional license under this
section and an order to pay a fine under section 245A.07, subdivision 3, the license holder
has a right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505
to 1400.8612. The scope of the contested case hearing shall include the fine and the
conditional license. In this case, a reconsideration of the conditional license will not be
conducted under this section. If the license holder does not appeal the fine, the license holder
does not have a right to a contested case hearing and a reconsideration of the conditional
license must be conducted under this subdivision.
new text begin (b) new text end The commissioner's disposition of a request for reconsideration is final and not
subject to appeal under chapter 14.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2022, section 245A.07, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Immediate suspension of residential programs. new text end
new text begin
For suspensions issued to
a licensed residential program as defined in section 245A.02, subdivision 14, the effective
date of the order may be delayed for up to 30 calendar days to provide for the continuity of
care of service recipients. The license holder must cooperate with the commissioner to
ensure service recipients receive continued care during the period of the delay and to facilitate
the transition of service recipients to new providers. In these cases, the suspension order
takes effect when all service recipients have been transitioned to a new provider or 30 days
after the suspension order was issued, whichever comes first.
new text end
Sec. 22.
Minnesota Statutes 2022, section 245A.07, is amended by adding a subdivision
to read:
new text begin Subd. 2c. new text end
new text begin Immediate suspension for programs with multiple licensed service sites. new text end
new text begin
(a)
For license holders that operate more than one service site under a single license, the
suspension order must be specific to the service site or sites where the commissioner
determines an order is required under subdivision 2. The order must not apply to other
service sites operated by the same license holder unless the commissioner has included in
the order an articulable basis for applying the order to other service sites.
new text end
new text begin
(b) If the commissioner has issued more than one license to the license holder under this
chapter, the suspension imposed under this section must be specific to the license for the
program at which the commissioner determines an order is required under subdivision 2.
The order must not apply to other licenses held by the same license holder if those programs
are being operated in substantial compliance with applicable law and rules.
new text end
Sec. 23.
Minnesota Statutes 2022, section 245A.07, subdivision 3, is amended to read:
Subd. 3.
License suspension, revocation, or fine.
(a) The commissioner may suspend
or revoke a license, or impose a fine if:
(1) a license holder fails to comply fully with applicable laws or rules including but not
limited to the requirements of this chapter and chapter 245C;
(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
been disqualified and the disqualification was not set aside and no variance has been granted;
(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules;
(4) a license holder is excluded from any program administered by the commissioner
under section 245.095; or
(5) revocation is required under section 245A.04, subdivision 7, paragraph (d).
A license holder who has had a license issued under this chapter suspended, revoked,
or has been ordered to pay a fine must be given notice of the action by certified mail deleted text begin ordeleted text end new text begin , bynew text end
personal servicenew text begin , or through the provider licensing and reporting hubnew text end . If mailed, the notice
must be mailed to the address shown on the application or the last known address of the
license holder. The notice must state in plain language the reasons the license was suspended
or revoked, or a fine was ordered.new text begin When an order is issued through the hub, the applicant
or license holder is deemed to have received the order upon the date of issuance through
the hub.
new text end
(b) If the license was suspended or revoked, the notice must inform the license holder
of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail deleted text begin ordeleted text end new text begin , bynew text end personal servicenew text begin , or through the provider licensing and reporting
hubnew text end . If mailed, the appeal must be postmarked and sent to the commissioner within ten
calendar days after the license holder receives notice that the license has been suspended
or revoked. If a request is made by personal servicenew text begin or through the hubnew text end , it must be received
by the commissioner within ten calendar days after the license holder received the order.
Except as provided in subdivision 2a, paragraph (c), if a license holder submits a timely
appeal of an order suspending or revoking a license, the license holder may continue to
operate the program as provided in section 245A.04, subdivision 7, paragraphs (f) and (g),
until the commissioner issues a final order on the suspension or revocation.
(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license
holder of the responsibility for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an
order to pay a fine must be made in writing by certified mail deleted text begin ordeleted text end new text begin , bynew text end personal servicenew text begin , or
through the provider licensing and reporting hubnew text end . If mailed, the appeal must be postmarked
and sent to the commissioner within ten calendar days after the license holder receives
notice that the fine has been ordered. If a request is made by personal servicenew text begin or through
the hubnew text end , it must be received by the commissioner within ten calendar days after the license
holder received the order.
(2) The license holder shall pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies. If the license holder
receives state funds, the state, county, or municipal agencies or departments responsible for
administering the funds shall withhold payments and recover any payments made while the
license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.
(3) A license holder shall promptly notify the commissioner of human services, in writing,
when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the
commissioner determines that a violation has not been corrected as indicated by the order
to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify
the license holder by certified mail deleted text begin ordeleted text end new text begin , bynew text end personal servicenew text begin , or through the provider licensing
and reporting hubnew text end that a second fine has been assessed. The license holder may appeal the
second fine as provided under this subdivision.
(4) Fines shall be assessed as follows:
(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a
child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557
for which the license holder is determined responsible for the maltreatment under section
260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);
(ii) if the commissioner determines that a determination of maltreatment for which the
license holder is responsible is the result of maltreatment that meets the definition of serious
maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit
$5,000;
(iii) for a program that operates out of the license holder's home and a program licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license
holder shall not exceed $1,000 for each determination of maltreatment;
(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule
governing matters of health, safety, or supervision, including but not limited to the provision
of adequate staff-to-child or adult ratios, and failure to comply with background study
requirements under chapter 245C; and
(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule
other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).
For purposes of this section, "occurrence" means each violation identified in the
commissioner's fine order. Fines assessed against a license holder that holds a license to
provide home and community-based services, as identified in section 245D.03, subdivision
1, and a community residential setting or day services facility license under chapter 245D
where the services are provided, may be assessed against both licenses for the same
occurrence, but the combined amount of the fines shall not exceed the amount specified in
this clause for that occurrence.
(5) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the case of a corporation, each
controlling individual is personally and jointly liable for payment.
(d) Except for background study violations involving the failure to comply with an order
to immediately remove an individual or an order to provide continuous, direct supervision,
the commissioner shall not issue a fine under paragraph (c) relating to a background study
violation to a license holder who self-corrects a background study violation before the
commissioner discovers the violation. A license holder who has previously exercised the
provisions of this paragraph to avoid a fine for a background study violation may not avoid
a fine for a subsequent background study violation unless at least 365 days have passed
since the license holder self-corrected the earlier background study violation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Minnesota Statutes 2022, section 245A.10, subdivision 6, is amended to read:
Subd. 6.
License not issued until license or certification fee is paid.
The commissioner
shall not issue new text begin or reissue new text end a license or certification until the license or certification fee is paid.
The commissioner shall send a bill for the license or certification fee to the billing address
identified by the license holder. If the license holder does not submit the license or
certification fee payment by the due date, the commissioner shall send the license holder a
past due notice. If the license holder fails to pay the license or certification fee by the due
date on the past due notice, the commissioner shall send a final notice to the license holder
informing the license holder that the program license will expire on December 31 unless
the license fee is paid before December 31. If a license expires, the program is no longer
licensed and, unless exempt from licensure under section 245A.03, subdivision 2, must not
operate after the expiration date. After a license expires, if the former license holder wishes
to provide licensed services, the former license holder must submit a new license application
and application fee under subdivision 3.
Sec. 25.
Minnesota Statutes 2022, section 245A.10, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin License not reissued until outstanding debt is paid. new text end
new text begin
The commissioner shall
not reissue a license or certification until the license holder has paid all outstanding debts
related to a licensing fine or settlement agreement for which payment is delinquent. If the
payment is past due, the commissioner shall send a past due notice informing the license
holder that the program license will expire on December 31 unless the outstanding debt is
paid before December 31. If a license expires, the program is no longer licensed and must
not operate after the expiration date. After a license expires, if the former license holder
wishes to provide licensed services, the former license holder must submit a new license
application and application fee under subdivision 3.
new text end
Sec. 26.
Minnesota Statutes 2022, section 245A.16, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Licensing and reporting hub. new text end
new text begin
Upon implementation of the provider licensing
and reporting hub, county staff who perform licensing functions must use the hub in the
manner prescribed by the commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 27.
Minnesota Statutes 2022, section 245A.50, subdivision 3, is amended to read:
Subd. 3.
First aid.
(a) Before initial licensure and before caring for a child, license
holders, second adult caregivers, and substitutes must be trained in pediatric first aid. The
first aid training must have been provided by an individual approved to provide first aid
instruction. First aid training may be less than eight hours and persons qualified to provide
first aid training include individuals approved as first aid instructors. License holders, second
adult caregivers, and substitutes must repeat pediatric first aid training every two years.
deleted text begin When the training expires, it must be retaken no later than the day before the anniversary
of the license holder's license effective date.deleted text end new text begin License holders, second adult caregivers, and
substitutes must not let the training expire.
new text end
(b) Video training reviewed and approved by the county licensing agency satisfies the
training requirement of this subdivision.
Sec. 28.
Minnesota Statutes 2022, section 245A.50, subdivision 4, is amended to read:
Subd. 4.
Cardiopulmonary resuscitation.
(a) Before initial licensure and before caring
for a child, license holders, second adult caregivers, and substitutes must be trained in
pediatric cardiopulmonary resuscitation (CPR), including CPR techniques for infants and
children, and in the treatment of obstructed airways. The CPR training must have been
provided by an individual approved to provide CPR instruction. License holders, second
adult caregivers, and substitutes must repeat pediatric CPR training at least once every two
years and must document the training in the license holder's records. deleted text begin When the training
expires, it must be retaken no later than the day before the anniversary of the license holder's
license effective date.deleted text end new text begin License holders, second adult caregivers, and substitutes must not let
the training expire.
new text end
(b) Persons providing CPR training must use CPR training that has been developed:
(1) by the American Heart Association or the American Red Cross and incorporates
psychomotor skills to support the instruction; or
(2) using nationally recognized, evidence-based guidelines for CPR training and
incorporates psychomotor skills to support the instruction.
Sec. 29.
Minnesota Statutes 2022, section 245A.50, subdivision 5, is amended to read:
Subd. 5.
Sudden unexpected infant death and abusive head trauma training.
(a)
License holders must ensure and document that before the license holder, second adult
caregivers, substitutes, and helpers assist in the care of infants, they are instructed on the
standards in section 245A.1435 and receive training on reducing the risk of sudden
unexpected infant death. In addition, license holders must ensure and document that before
the license holder, second adult caregivers, substitutes, and helpers assist in the care of
infants and children under school age, they receive training on reducing the risk of abusive
head trauma from shaking infants and young children. The training in this subdivision may
be provided as initial training under subdivision 1 or ongoing annual training under
subdivision 7.
(b) Sudden unexpected infant death reduction training required under this subdivision
must, at a minimum, address the risk factors related to sudden unexpected infant death,
means of reducing the risk of sudden unexpected infant death in child care, and license
holder communication with parents regarding reducing the risk of sudden unexpected infant
death.
(c) Abusive head trauma training required under this subdivision must, at a minimum,
address the risk factors related to shaking infants and young children, means of reducing
the risk of abusive head trauma in child care, and license holder communication with parents
regarding reducing the risk of abusive head trauma.
(d) Training for family and group family child care providers must be developed by the
commissioner in conjunction with the Minnesota Sudden Infant Death Center and approved
by the Minnesota Center for Professional Development. Sudden unexpected infant death
reduction training and abusive head trauma training may be provided in a single course of
no more than two hours in length.
(e) Sudden unexpected infant death reduction training and abusive head trauma training
required under this subdivision must be completed in person or as allowed under subdivision
10, clause (1) or (2), at least once every two years. deleted text begin When the training expires, it must be
retaken no later than the day before the anniversary of the license holder's license effective
date.deleted text end On the years when the individual receiving training is not receiving training in person
or as allowed under subdivision 10, clause (1) or (2), the individual receiving training in
accordance with this subdivision must receive sudden unexpected infant death reduction
training and abusive head trauma training through a video of no more than one hour in
length. The video must be developed or approved by the commissioner.
(f) An individual who is related to the license holder as defined in section 245A.02,
subdivision 13, and who is involved only in the care of the license holder's own infant or
child under school age and who is not designated to be a second adult caregiver, helper, or
substitute for the licensed program, is exempt from the sudden unexpected infant death and
abusive head trauma training.
Sec. 30.
Minnesota Statutes 2022, section 245A.50, subdivision 6, is amended to read:
Subd. 6.
Child passenger restraint systems; training requirement.
(a) A license
holder must comply with all seat belt and child passenger restraint system requirements
under section 169.685.
(b) Family and group family child care programs licensed by the Department of Human
Services that serve a child or children under eight years of age must document training that
fulfills the requirements in this subdivision.
(1) Before a license holder, second adult caregiver, substitute, or helper transports a
child or children under age eight in a motor vehicle, the person placing the child or children
in a passenger restraint must satisfactorily complete training on the proper use and installation
of child restraint systems in motor vehicles. Training completed under this subdivision may
be used to meet initial training under subdivision 1 or ongoing training under subdivision
7.
(2) Training required under this subdivision must be at least one hour in length, completed
at initial training, and repeated at least once every five years. deleted text begin When the training expires, it
must be retaken no later than the day before the anniversary of the license holder's license
effective date.deleted text end At a minimum, the training must address the proper use of child restraint
systems based on the child's size, weight, and age, and the proper installation of a car seat
or booster seat in the motor vehicle used by the license holder to transport the child or
children.
(3) Training under this subdivision must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public Safety
website or by contacting the agency.
(c) Child care providers that only transport school-age children as defined in section
245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e), are exempt from this subdivision.
Sec. 31.
Minnesota Statutes 2022, section 245A.50, subdivision 9, is amended to read:
Subd. 9.
Supervising for safety; training requirement.
(a) Courses required by this
subdivision must include the following health and safety topics:
(1) preventing and controlling infectious diseases;
(2) administering medication;
(3) preventing and responding to allergies;
(4) ensuring building and physical premises safety;
(5) handling and storing biological contaminants;
(6) preventing and reporting child abuse and maltreatment; and
(7) emergency preparedness.
(b) Before initial licensure and before caring for a child, all family child care license
holders and each second adult caregiver shall complete and document the completion of
the six-hour Supervising for Safety for Family Child Care course developed by the
commissioner.
(c) The license holder must ensure and document that, before caring for a child, all
substitutes have completed the four-hour Basics of Licensed Family Child Care for
Substitutes course developed by the commissioner, which must include health and safety
topics as well as child development and learning.
(d) The family child care license holder and each second adult caregiver shall complete
and document:
(1) the annual completion of either:
(i) a two-hour active supervision course developed by the commissioner; or
(ii) any courses in the ensuring safety competency area under the health, safety, and
nutrition standard of the Knowledge and Competency Framework that the commissioner
has identified as an active supervision training course; and
(2) the completion at least once every five years of the two-hour courses Health and
Safety I and Health and Safety II. deleted text begin When the training is due for the first time or expires, it
must be taken no later than the day before the anniversary of the license holder's license
effective date.deleted text end A license holder's or second adult caregiver's completion of either training
in a given year meets the annual active supervision training requirement in clause (1).
(e) At least once every three years, license holders must ensure and document that
substitutes have completed the four-hour Basics of Licensed Family Child Care for
Substitutes course. deleted text begin When the training expires, it must be retaken no later than the day before
the anniversary of the license holder's license effective date.
deleted text end
Sec. 32.
Minnesota Statutes 2022, section 245H.01, subdivision 3, is amended to read:
Subd. 3.
Center operator or program operator.
"Center operator" or "program operator"
means the person exercising supervision or control over the center's or program's operations,
planning, and functioning. deleted text begin There may be more than one designated center operator or
program operator.
deleted text end
Sec. 33.
Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Certification holder contact person. new text end
new text begin
"Certification holder contact person"
means an individual designated by the organization who:
new text end
new text begin
(1) oversees all center operators for the organization;
new text end
new text begin
(2) acts as the authorized agent for background studies required in section 245H.10; and
new text end
new text begin
(3) is authorized to be the designated contact person for communicating with the
commissioner regarding all items pursuant to chapter 245H.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 34.
Minnesota Statutes 2022, section 245H.03, subdivision 2, is amended to read:
Subd. 2.
Application submission.
The commissioner shall provide application
instructions and information about the rules and requirements of other state agencies that
affect the applicant. The certification application must be submitted in a manner prescribed
by the commissioner. new text begin Upon implementation of the provider licensing and reporting hub,
applicants must use the hub in the manner prescribed by the commissioner. new text end The commissioner
shall act on the application within 90 working days of receiving a completed application.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 35.
Minnesota Statutes 2022, section 245H.03, subdivision 3, is amended to read:
Subd. 3.
Incomplete applications.
When the commissioner receives an application for
initial certification that is incomplete because the applicant failed to submit required
documents or is deficient because the documents submitted do not meet certification
requirements, the commissioner shall provide the applicant written notice that the application
is incomplete or deficient. In the notice, the commissioner shall identify documents that are
missing or deficient and give the applicant 45 days to resubmit a second application that is
complete. An applicant's failure to submit a complete application after receiving notice from
the commissioner is basis for certification denial.new text begin For purposes of this section, when a denial
order is issued through the provider licensing and reporting hub, the applicant is deemed to
have received the order upon the date of issuance through the hub.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 36.
Minnesota Statutes 2022, section 245H.03, subdivision 4, is amended to read:
Subd. 4.
Reconsideration of certification denial.
(a) The applicant may request
reconsideration of the denial by notifying the commissioner by certified mail deleted text begin ordeleted text end new text begin , bynew text end personal
servicenew text begin , or through the provider licensing and reporting hubnew text end . The request must be made in
writing. If sent by certified mail, the request must be postmarked and sent to the
commissioner within 20 calendar days after the applicant received the order. If a request is
made by personal servicenew text begin or through the hubnew text end , it must be received by the commissioner within
20 calendar days after the applicant received the order. The applicant may submit with the
request for reconsideration a written argument or evidence in support of the request for
reconsideration.
(b) The commissioner's disposition of a request for reconsideration is final and not
subject to appeal under chapter 14.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 37.
Minnesota Statutes 2022, section 245H.06, subdivision 1, is amended to read:
Subdivision 1.
Correction order requirements.
new text begin (a) new text end If the applicant or certification
holder failed to comply with a law or rule, the commissioner may issue a correction order.
The correction order must state:
(1) the condition that constitutes a violation of the law or rule;
(2) the specific law or rule violated; and
(3) the time allowed to correct each violation.
new text begin
(b) The commissioner may issue a correction order to the applicant or certification holder
through the provider licensing and reporting hub. When an order is issued through the hub,
the applicant or certification is deemed to have received the order upon the date of issuance
through the hub.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 38.
Minnesota Statutes 2022, section 245H.06, subdivision 2, is amended to read:
Subd. 2.
Reconsideration request.
(a) If the applicant or certification holder believes
that the commissioner's correction order is erroneous, the applicant or certification holder
may ask the commissioner to reconsider the part of the correction order that is allegedly
erroneous. A request for reconsideration must be made in writingdeleted text begin ,deleted text end new text begin andnew text end postmarkeddeleted text begin ,deleted text end new text begin or
submitted through the provider licensing and reporting hub,new text end and sent to the commissioner
within 20 calendar days after the applicant or certification holder received the correction
order, and must:
(1) specify the part of the correction order that is allegedly erroneous;
(2) explain why the specified part is erroneous; and
(3) include documentation to support the allegation of error.
(b) A request for reconsideration does not stay any provision or requirement of the
correction order. The commissioner's disposition of a request for reconsideration is final
and not subject to appeal.
new text begin
(c) Upon implementation of the provider licensing and reporting hub, the provider must
use the hub to request reconsideration.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 39.
Minnesota Statutes 2022, section 245H.07, subdivision 1, is amended to read:
Subdivision 1.
Generally.
(a) The commissioner may decertify a center if a certification
holder:
(1) failed to comply with an applicable law or rule;
(2) knowingly withheld relevant information from or gave false or misleading information
to the commissioner in connection with an application for certification, in connection with
the background study status of an individual, during an investigation, or regarding compliance
with applicable laws or rules; or
(3) has authorization to receive child care assistance payments revoked pursuant to
chapter 119B.
(b) When considering decertification, the commissioner shall consider the nature,
chronicity, or severity of the violation of law or rule.
(c) When a center is decertified, the center is ineligible to receive a child care assistance
payment under chapter 119B.
new text begin
(d) The commissioner may issue a decertification order to a certification holder through
the provider licensing and reporting hub. When an order is issued through the hub, the
certification holder is deemed to have received the order upon the date of issuance through
the hub.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 40.
Minnesota Statutes 2022, section 245H.07, subdivision 2, is amended to read:
Subd. 2.
Reconsideration of decertification.
(a) The certification holder may request
reconsideration of the decertification by notifying the commissioner by certified mail deleted text begin ordeleted text end new text begin ,
bynew text end personal servicenew text begin , or through the provider licensing and reporting hubnew text end . The request must
be made in writing. If sent by certified mail, the request must be postmarked and sent to the
commissioner within 20 calendar days after the certification holder received the order. If a
request is made by personal servicenew text begin or through the hubnew text end , it must be received by the
commissioner within 20 calendar days after the certification holder received the order. With
the request for reconsideration, the certification holder may submit a written argument or
evidence in support of the request for reconsideration.
(b) The commissioner's disposition of a request for reconsideration is final and not
subject to appeal under chapter 14.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 41.
Minnesota Statutes 2022, section 245I.20, subdivision 10, is amended to read:
Subd. 10.
Application procedures.
(a) The applicant for certification must submit any
documents that the commissioner requires on forms approved by the commissioner.new text begin Upon
implementation of the provider licensing and reporting hub, applicants must use the hub in
the manner prescribed by the commissioner.
new text end
(b) Upon submitting an application for certification, an applicant must pay the application
fee required by section 245A.10, subdivision 3.
(c) The commissioner must act on an application within 90 working days of receiving
a completed application.
(d) When the commissioner receives an application for initial certification that is
incomplete because the applicant failed to submit required documents or is deficient because
the submitted documents do not meet certification requirements, the commissioner must
provide the applicant with written notice that the application is incomplete or deficient. In
the notice, the commissioner must identify the particular documents that are missing or
deficient and give the applicant 45 days to submit a second application that is complete. An
applicant's failure to submit a complete application within 45 days after receiving notice
from the commissioner is a basis for certification denial.
(e) The commissioner must give notice of a denial to an applicant when the commissioner
has made the decision to deny the certification application. In the notice of denial, the
commissioner must state the reasons for the denial in plain language. The commissioner
must send or deliver the notice of denial to an applicant by certified mail deleted text begin ordeleted text end new text begin , bynew text end personal
servicenew text begin , or through the provider licensing and reporting hub. When an order is issued through
the hub, the applicant is deemed to have received the order upon the date of issuance through
the hubnew text end . In the notice of denial, the commissioner must state the reasons that the
commissioner denied the application and must inform the applicant of the applicant's right
to request a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505
to 1400.8612. The applicant may appeal the denial by notifying the commissioner in writing
by certified mail deleted text begin ordeleted text end new text begin , bynew text end personal servicenew text begin , or through the provider licensing and reporting
hubnew text end . If mailed, the appeal must be postmarked and sent to the commissioner within 20
calendar days after the applicant received the notice of denial. If an applicant delivers an
appeal by personal servicenew text begin or through the hubnew text end , the commissioner must receive the appeal
within 20 calendar days after the applicant received the notice of denial.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 42.
Minnesota Statutes 2022, section 245I.20, subdivision 13, is amended to read:
Subd. 13.
Correction orders.
(a) If the applicant or certification holder fails to comply
with a law or rule, the commissioner may issue a correction order. The correction order
must state:
(1) the condition that constitutes a violation of the law or rule;
(2) the specific law or rule that the applicant or certification holder has violated; and
(3) the time that the applicant or certification holder is allowed to correct each violation.
(b) If the applicant or certification holder believes that the commissioner's correction
order is erroneous, the applicant or certification holder may ask the commissioner to
reconsider the part of the correction order that is allegedly erroneous. An applicant or
certification holder must make a request for reconsideration in writing. The request must
be postmarked and sent to the commissioner new text begin or submitted in the provider licensing and
reporting hub new text end within 20 calendar days after the applicant or certification holder received
the correction order; and the request must:
(1) specify the part of the correction order that is allegedly erroneous;
(2) explain why the specified part is erroneous; and
(3) include documentation to support the allegation of error.
(c) A request for reconsideration does not stay any provision or requirement of the
correction order. The commissioner's disposition of a request for reconsideration is final
and not subject to appeal.
(d) If the commissioner finds that the applicant or certification holder failed to correct
the violation specified in the correction order, the commissioner may decertify the certified
mental health clinic according to subdivision 14.
(e) Nothing in this subdivision prohibits the commissioner from decertifying a mental
health clinic according to subdivision 14.
new text begin
(f) The commissioner may issue a correction order to the applicant or certification holder
through the provider licensing and reporting hub. When an order is issued through the hub,
the applicant or certification holder is deemed to have received the order upon the date of
issuance through the hub.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 43.
Minnesota Statutes 2022, section 245I.20, subdivision 14, is amended to read:
Subd. 14.
Decertification.
(a) The commissioner may decertify a mental health clinic
if a certification holder:
(1) failed to comply with an applicable law or rule; or
(2) knowingly withheld relevant information from or gave false or misleading information
to the commissioner in connection with an application for certification, during an
investigation, or regarding compliance with applicable laws or rules.
(b) When considering decertification of a mental health clinic, the commissioner must
consider the nature, chronicity, or severity of the violation of law or rule and the effect of
the violation on the health, safety, or rights of clients.
(c) If the commissioner decertifies a mental health clinic, the order of decertification
must inform the certification holder of the right to have a contested case hearing under
chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. new text begin The commissioner may
issue the order through the provider licensing and reporting hub. When an order is issued
through the hub, the certification holder is deemed to have received the order upon the date
of issuance through the hub. new text end The certification holder may appeal the decertification. The
certification holder must appeal a decertification in writing and send or deliver the appeal
to the commissioner by certified mail deleted text begin ordeleted text end new text begin , bynew text end personal servicenew text begin , or through the provider
licensing and reporting hubnew text end . If the certification holder mails the appeal, the appeal must be
postmarked and sent to the commissioner within ten calendar days after the certification
holder receives the order of decertification. If the certification holder delivers an appeal by
personal servicenew text begin or through the hubnew text end , the commissioner must receive the appeal within ten
calendar days after the certification holder received the order. If a certification holder submits
a timely appeal of an order of decertification, the certification holder may continue to operate
the program until the commissioner issues a final order on the decertification.
(d) If the commissioner decertifies a mental health clinic pursuant to paragraph (a),
clause (1), based on a determination that the mental health clinic was responsible for
maltreatment, and if the certification holder appeals the decertification according to paragraph
(c), and appeals the maltreatment determination under section 260E.33, the final
decertification determination is stayed until the commissioner issues a final decision regarding
the maltreatment appeal.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 44.
Minnesota Statutes 2022, section 245I.20, subdivision 16, is amended to read:
Subd. 16.
Notifications required and noncompliance.
(a) A certification holder must
notify the commissioner, in a manner prescribed by the commissioner, and obtain the
commissioner's approval before making any change to the name of the certification holder
or the location of the mental health clinic.new text begin Upon implementation of the provider licensing
and reporting hub, certification holders must enter and update information in the hub in a
manner prescribed by the commissioner.
new text end
(b) Changes in mental health clinic organization, staffing, treatment, or quality assurance
procedures that affect the ability of the certification holder to comply with the minimum
standards of this section must be reported in writing by the certification holder to the
commissioner within 15 days of the occurrence. Review of the change must be conducted
by the commissioner. A certification holder with changes resulting in noncompliance in
minimum standards must receive written notice and may have up to 180 days to correct the
areas of noncompliance before being decertified. Interim procedures to resolve the
noncompliance on a temporary basis must be developed and submitted in writing to the
commissioner for approval within 30 days of the commissioner's determination of the
noncompliance. Not reporting an occurrence of a change that results in noncompliance
within 15 days, failure to develop an approved interim procedure within 30 days of the
determination of the noncompliance, or nonresolution of the noncompliance within 180
days will result in immediate decertification.
(c) The mental health clinic may be required to submit written information to the
department to document that the mental health clinic has maintained compliance with this
section and mental health clinic procedures.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 45.
Minnesota Statutes 2022, section 256B.0625, subdivision 5m, is amended to read:
Subd. 5m.
Certified community behavioral health clinic services.
(a) Medical
assistance covers services provided by a not-for-profit certified community behavioral health
clinic (CCBHC) that meets the requirements of deleted text begin section 245.735, subdivision 3deleted text end new text begin sections
245.7351 to 245.736new text end .
(b) The commissioner shall reimburse CCBHCs on a per-day basis for each day that an
eligible service is delivered using the CCBHC daily bundled rate system for medical
assistance payments as described in paragraph (c). The commissioner shall include a quality
incentive payment in the CCBHC daily bundled rate system as described in paragraph (e).
There is no county share for medical assistance services when reimbursed through the
CCBHC daily bundled rate system.
(c) The commissioner shall ensure that the CCBHC daily bundled rate system for CCBHC
payments under medical assistance meets the following requirements:
(1) the CCBHC daily bundled rate shall be a provider-specific rate calculated for each
CCBHC, based on the daily cost of providing CCBHC services and the total annual allowable
CCBHC costs divided by the total annual number of CCBHC visits. For calculating the
payment rate, total annual visits include visits covered by medical assistance and visits not
covered by medical assistance. Allowable costs include but are not limited to the salaries
and benefits of medical assistance providers; the cost of CCBHC services provided under
section deleted text begin 245.735, subdivision 3, paragraph (a), clauses (6) and (7)deleted text end new text begin 245.7358new text end ; and other costs
such as insurance or supplies needed to provide CCBHC services;
(2) payment shall be limited to one payment per day per medical assistance enrollee
when an eligible CCBHC service is provided. A CCBHC visit is eligible for reimbursement
if at least one of the CCBHC services listed under section deleted text begin 245.735, subdivision 3, paragraph
(a), clause (6)deleted text end new text begin 245.7358new text end , is furnished to a medical assistance enrollee by a health care
practitioner or licensed agency employed by or under contract with a CCBHC;
(3) initial CCBHC daily bundled rates for newly certified CCBHCs under deleted text begin section 245.735,
subdivision 3,deleted text end new text begin sections 245.7351 to 245.736new text end shall be established by the commissioner using
a provider-specific rate based on the newly certified CCBHC's audited historical cost report
data adjusted for the expected cost of delivering CCBHC services. Estimates are subject to
review by the commissioner and must include the expected cost of providing the full scope
of CCBHC services and the expected number of visits for the rate period;
(4) the commissioner shall rebase CCBHC rates once every deleted text begin threedeleted text end new text begin twonew text end years following
the last rebasing and no less than 12 months following an initial rate or a rate change due
to a change in the scope of services;
(5) the commissioner shall provide for a 60-day appeals process after notice of the results
of the rebasing;
(6) the CCBHC daily bundled rate under this section does not apply to services rendered
by CCBHCs to individuals who are dually eligible for Medicare and medical assistance
when Medicare is the primary payer for the service. An entity that receives a CCBHC daily
bundled rate system that overlaps with the CCBHC rate is not eligible for the CCBHC rate;
(7) payments for CCBHC services to individuals enrolled in managed care shall be
coordinated with the state's phase-out of CCBHC wrap payments. The commissioner shall
complete the phase-out of CCBHC wrap payments within 60 days of the implementation
of the CCBHC daily bundled rate system in the Medicaid Management Information System
(MMIS), for CCBHCs reimbursed under this chapter, with a final settlement of payments
due made payable to CCBHCs no later than 18 months thereafter;
(8) the CCBHC daily bundled rate for each CCBHC shall be updated by trending each
provider-specific rate by the Medicare Economic Index for primary care services. This
update shall occur each year in between rebasing periods determined by the commissioner
in accordance with clause (4). CCBHCs must provide data on costs and visits to the state
annually using the CCBHC cost report established by the commissioner; deleted text begin and
deleted text end
(9) a CCBHC may request a rate adjustment for changes in the CCBHC's scope of
services when such changes are expected to result in an adjustment to the CCBHC payment
rate by 2.5 percent or more. The CCBHC must provide the commissioner with information
regarding the changes in the scope of services, including the estimated cost of providing
the new or modified services and any projected increase or decrease in the number of visits
resulting from the change. Estimated costs are subject to review by the commissioner. Rate
adjustments for changes in scope shall occur no more than once per year in between rebasing
periods per CCBHC and are effective on the date of the annual CCBHC rate updatedeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(10) payment for designated collaborating organization services is included within the
scope of the CCBHC daily bundled rate, and designated collaborating organization encounters
must be treated as CCBHC encounters for purposes of establishing the CCBHC daily bundled
rate. Payment must be provided directly to the designated collaborating organization from
the CCBHC based on agreed upon contractual service rates. These rates must be reflective
of fair market value.
new text end
(d) Managed care plans and county-based purchasing plans shall reimburse CCBHC
providers at the CCBHC daily bundled rate. The commissioner shall monitor the effect of
this requirement on the rate of access to the services delivered by CCBHC providers. If, for
any contract year, federal approval is not received for this paragraph, the commissioner
must adjust the capitation rates paid to managed care plans and county-based purchasing
plans for that contract year to reflect the removal of this provision. Contracts between
managed care plans and county-based purchasing plans and providers to whom this paragraph
applies must allow recovery of payments from those providers if capitation rates are adjusted
in accordance with this paragraph. Payment recoveries must not exceed the amount equal
to any increase in rates that results from this provision. This paragraph expires if federal
approval is not received for this paragraph at any time.
(e) The commissioner shall implement a quality incentive payment program for CCBHCs
that meets the following requirements:
(1) a CCBHC shall receive a quality incentive payment upon meeting specific numeric
thresholds for performance metrics established by the commissioner, in addition to payments
for which the CCBHC is eligible under the CCBHC daily bundled rate system described in
paragraph (c);
(2) a CCBHC must be certified and enrolled as a CCBHC for the entire measurement
year to be eligible for incentive payments;
(3) each CCBHC shall receive written notice of the criteria that must be met in order to
receive quality incentive payments at least 90 days prior to the measurement year; and
(4) a CCBHC must provide the commissioner with data needed to determine incentive
payment eligibility within six months following the measurement year. The commissioner
shall notify CCBHC providers of their performance on the required measures and the
incentive payment amount within 12 months following the measurement year.
(f) All claims to managed care plans for CCBHC services as provided under this section
shall be submitted directly to, and paid by, the commissioner on the dates specified no later
than January 1 of the following calendar year, if:
(1) one or more managed care plans does not comply with the federal requirement for
payment of clean claims to CCBHCs, as defined in Code of Federal Regulations, title 42,
section 447.45(b), and the managed care plan does not resolve the payment issue within 30
days of noncompliance; and
(2) the total amount of clean claims not paid in accordance with federal requirements
by one or more managed care plans is 50 percent of, or greater than, the total CCBHC claims
eligible for payment by managed care plans.
If the conditions in this paragraph are met between January 1 and June 30 of a calendar
year, claims shall be submitted to and paid by the commissioner beginning on January 1 of
the following year. If the conditions in this paragraph are met between July 1 and December
31 of a calendar year, claims shall be submitted to and paid by the commissioner beginning
on July 1 of the following year.
new text begin
(g) A CCBHC must comply with the commissioner's quality assurance reporting
requirements including any required reporting of encounter data, clinical outcomes data,
and quality data.
new text end
Sec. 46.
Minnesota Statutes 2022, section 260E.09, is amended to read:
260E.09 REPORTING REQUIREMENTS.
(a) An oral report shall be made immediately by telephone or otherwise. An oral report
made by a person required under section 260E.06, subdivision 1, to report shall be followed
within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate
police department, the county sheriff, the agency responsible for assessing or investigating
the report, or the local welfare agency.
(b) Any report shall be of sufficient content to identify the child, any person believed
to be responsible for the maltreatment of the child if the person is known, the nature and
extent of the maltreatment, and the name and address of the reporter. The local welfare
agency or agency responsible for assessing or investigating the report shall accept a report
made under section 260E.06 notwithstanding refusal by a reporter to provide the reporter's
name or address as long as the report is otherwise sufficient under this paragraph.
new text begin
(c) Notwithstanding paragraph (a), upon implementation of the provider licensing and
reporting hub, an individual required to report under section 260E.06, subdivision 1, may
submit a written report in the hub in a manner prescribed by the commissioner and is not
required to make an oral report. Individuals submitting a report through the hub must comply
with the timelines in paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 47.
Minnesota Statutes 2022, section 270B.14, subdivision 1, is amended to read:
Subdivision 1.
Disclosure to commissioner of human services.
(a) On the request of
the commissioner of human services, the commissioner shall disclose return information
regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to the
extent provided in paragraph (b) and for the purposes set forth in paragraph (c).
(b) Data that may be disclosed are limited to data relating to the identity, whereabouts,
employment, income, and property of a person owing or alleged to be owing an obligation
of child support.
(c) The commissioner of human services may request data only for the purposes of
carrying out the child support enforcement program and to assist in the location of parents
who have, or appear to have, deserted their children. Data received may be used only as set
forth in section 256.978.
(d) The commissioner shall provide the records and information necessary to administer
the supplemental housing allowance to the commissioner of human services.
(e) At the request of the commissioner of human services, the commissioner of revenue
shall electronically match the Social Security numbers and names of participants in the
telephone assistance plan operated under sections 237.69 to 237.71, with those of property
tax refund filers, and determine whether each participant's household income is within the
eligibility standards for the telephone assistance plan.
(f) The commissioner may provide records and information collected under sections
295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid
Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
102-234. Upon the written agreement by the United States Department of Health and Human
Services to maintain the confidentiality of the data, the commissioner may provide records
and information collected under sections 295.50 to 295.59 to the Centers for Medicare and
Medicaid Services section of the United States Department of Health and Human Services
for purposes of meeting federal reporting requirements.
(g) The commissioner may provide records and information to the commissioner of
human services as necessary to administer the early refund of refundable tax credits.
(h) The commissioner may disclose information to the commissioner of human services
as necessary for income verification for eligibility and premium payment under the
MinnesotaCare program, under section 256L.05, subdivision 2, as well as the medical
assistance program under chapter 256B.
(i) The commissioner may disclose information to the commissioner of human services
necessary to verify whether applicants or recipients for the Minnesota family investment
program, general assistance, the Supplemental Nutrition Assistance Program (SNAP),
Minnesota supplemental aid program, and child care assistance have claimed refundable
tax credits under chapter 290 and the property tax refund under chapter 290A, and the
amounts of the credits.
(j) The commissioner may disclose information to the commissioner of human services
necessary to verify income for purposes of calculating parental contribution amounts under
section 252.27, subdivision 2a.
new text begin
(k) The commissioner shall disclose information to the commissioner of human services
to verify the income and tax identification information of:
new text end
new text begin
(1) an applicant under section 245A.04, subdivision 1;
new text end
new text begin
(2) an applicant under section 245I.20;
new text end
new text begin
(3) an applicant under section 245H.03;
new text end
new text begin
(4) a license holder; or
new text end
new text begin
(5) a certification holder.
new text end
Sec. 48. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; CERTIFIED
COMMUNITY BEHAVIORAL HEALTH CLINICS AND MENTAL HEALTH
SERVICE CERTIFICATIONS TRANSITION TO LICENSURE.
new text end
new text begin
(a) The commissioner of human services must transition all of the following mental
health services from certification under Minnesota Statutes, chapters 245 and 256B, to
licensure under Minnesota Statutes, chapter 245A, according to the Mental Health Uniform
Service Standards in Minnesota Statutes, chapter 245I, to be effective on or before January
1, 2026:
new text end
new text begin
(1) certified community behavioral health clinics;
new text end
new text begin
(2) adult rehabilitative mental health services;
new text end
new text begin
(3) mobile mental health crisis response services;
new text end
new text begin
(4) children's therapeutic services and supports; and
new text end
new text begin
(5) community mental health centers.
new text end
new text begin
(b) No later than January 1, 2025, the commissioner must submit the proposed legislation
necessary to implement the transition in paragraph (a) to the chairs and ranking minority
members of the legislative committees with jurisdiction over behavioral health services.
new text end
new text begin
(c) The commissioner must consult with stakeholders to develop the legislation described
in paragraph (b).
new text end
Sec. 49. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; CHANGES
TO RESIDENTIAL ADULT MENTAL HEALTH PROGRAM LICENSING
REQUIREMENTS.
new text end
new text begin
(a) The commissioner of human services must consult with stakeholders to determine
the changes to residential adult mental health program licensing requirements in Minnesota
Rules, parts 9520.0500 to 9520.0670, necessary to:
new text end
new text begin
(1) update requirements for category I programs to align with current mental health
practices, client rights for similar services, and health and safety needs of clients receiving
services;
new text end
new text begin
(2) remove category II classification and requirements; and
new text end
new text begin
(3) add licensing requirements to the rule for the Forensic Mental Health Program.
new text end
new text begin
(b) The commissioner must use existing authority in Minnesota Statutes, chapter 245A,
to amend Minnesota Rules, parts 9520.0500 to 9520.0670, based on the stakeholder
consultation in paragraph (a) and additional changes as determined by the commissioner.
new text end
Sec. 50. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 245.735, subdivision 3,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
ARTICLE 14
FORECAST ADJUSTMENTS
Section 1. new text begin DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENT.
|
new text begin
The dollar amounts shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, are subtracted from the appropriations in Laws 2021, First Special
Session chapter 7, article 15, and Laws 2021, First Special Session chapter 7, article 16,
from the general fund, or any other fund named, to the commissioner of human services for
the purposes specified in this article, to be available for the fiscal year indicated for each
purpose. The figure "2023" used in this article means that the appropriations listed are
available for the fiscal year ending June 30, 2023.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2023 new text end |
||||||
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
(1,363,772,000) new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2023 new text end |
||
|
new text begin
General new text end |
new text begin
(1,156,872,000) new text end |
|
|
new text begin
Health Care Access new text end |
new text begin
(196,098,000) new text end |
|
|
new text begin
Federal TANF new text end |
new text begin
(10,802,000) new text end |
|
new text begin Subd. 2. new text end
new text begin
Forecasted Programs
|
|||||
|
new text begin
(a) Minnesota Family Investment Program (MFIP)/Diversionary Work Program (DWP) new text end |
|||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2023 new text end |
||
|
new text begin
General new text end |
new text begin
3,636,000 new text end |
|
|
new text begin
Federal TANF new text end |
new text begin
(10,802,000) new text end |
|
|
new text begin
(b) MFIP Child Care Assistance new text end |
new text begin
(36,957,000) new text end |
|||||
|
new text begin
(c) General Assistance new text end |
new text begin
(521,000) new text end |
|||||
|
new text begin
(d) Minnesota Supplemental Aid new text end |
new text begin
(5,000) new text end |
|||||
|
new text begin
(e) Housing Support new text end |
new text begin
221,000 new text end |
|||||
|
new text begin
(f) Northstar Care for Children new text end |
new text begin
(12,670,000) new text end |
|||||
|
new text begin
(g) MinnesotaCare new text end |
new text begin
(196,098,000) new text end |
|||||
new text begin
This appropriation is from the health care
access fund.
new text end
|
new text begin
(h) Medical Assistance new text end |
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2023 new text end |
||
|
new text begin
General new text end |
new text begin
(1,110,576,000) new text end |
|
|
new text begin
Health Care Access new text end |
new text begin
0 new text end |
|
Sec. 3. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 and 2 are effective the day following final enactment.
new text end
ARTICLE 15
APPROPRIATIONS
Section 1. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
6,244,921,000 new text end |
new text begin
$ new text end |
new text begin
6,489,006,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
4,949,348,000 new text end |
new text begin
4,597,204,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
4,776,000 new text end |
new text begin
5,284,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
1,005,106,000 new text end |
new text begin
1,617,914,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
285,691,000 new text end |
new text begin
286,604,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
TANF Maintenance of Effort
|
||||||
new text begin
(a) Nonfederal expenditures. The
commissioner shall ensure that sufficient
qualified nonfederal expenditures are made
each year to meet the state's maintenance of
effort requirements of the TANF block grant
specified under Code of Federal Regulations,
title 45, section 263.1. In order to meet these
basic TANF maintenance of effort
requirements, the commissioner may report
as TANF maintenance of effort expenditures
only nonfederal money expended for allowable
activities listed in the following clauses:
new text end
new text begin
(1) MFIP cash, diversionary work program,
and food assistance benefits under Minnesota
Statutes, chapter 256J;
new text end
new text begin
(2) the child care assistance programs under
Minnesota Statutes, sections 119B.03 and
119B.05, and county child care administrative
costs under Minnesota Statutes, section
119B.15;
new text end
new text begin
(3) state and county MFIP administrative costs
under Minnesota Statutes, chapters 256J and
256K;
new text end
new text begin
(4) state, county, and Tribal MFIP
employment services under Minnesota
Statutes, chapters 256J and 256K;
new text end
new text begin
(5) expenditures made on behalf of legal
noncitizen MFIP recipients who qualify for
the MinnesotaCare program under Minnesota
Statutes, chapter 256L;
new text end
new text begin
(6) qualifying working family credit
expenditures under Minnesota Statutes, section
290.0671;
new text end
new text begin
(7) qualifying Minnesota education credit
expenditures under Minnesota Statutes, section
290.0674; and
new text end
new text begin
(8) qualifying Head Start expenditures under
Minnesota Statutes, section 119A.50.
new text end
new text begin
(b) Nonfederal expenditures; reporting. For
the activities listed in paragraph (a), clauses
(2) to (8), the commissioner may report only
expenditures that are excluded from the
definition of assistance under Code of Federal
Regulations, title 45, section 260.31.
new text end
new text begin
(c) Limitations; exceptions. The
commissioner must not claim an amount of
TANF maintenance of effort in excess of the
75 percent standard in Code of Federal
Regulations, title 45, section 263.1(a)(2),
except:
new text end
new text begin
(1) to the extent necessary to meet the 80
percent standard under Code of Federal
Regulations, title 45, section 263.1(a)(1), if it
is determined by the commissioner that the
state will not meet the TANF work
participation target rate for the current year;
new text end
new text begin
(2) to provide any additional amounts under
Code of Federal Regulations, title 45, section
264.5, that relate to replacement of TANF
funds due to the operation of TANF penalties;
and
new text end
new text begin
(3) to provide any additional amounts that may
contribute to avoiding or reducing TANF work
participation penalties through the operation
of the excess maintenance of effort provisions
of Code of Federal Regulations, title 45,
section 261.43(a)(2).
new text end
new text begin
(d) Supplemental expenditures. For the
purposes of paragraph (d), the commissioner
may supplement the maintenance of effort
claim with working family credit expenditures
or other qualified expenditures to the extent
such expenditures are otherwise available after
considering the expenditures allowed in this
subdivision.
new text end
new text begin
(e) Reduction of appropriations; exception.
The requirement in Minnesota Statutes, section
256.011, subdivision 3, that federal grants or
aids secured or obtained under that subdivision
be used to reduce any direct appropriations
provided by law does not apply if the grants
or aids are federal TANF funds.
new text end
new text begin
(f) IT appropriations generally. This
appropriation includes funds for information
technology projects, services, and support.
Notwithstanding Minnesota Statutes, section
16E.0466, funding for information technology
project costs must be incorporated into the
service level agreement and paid to the
Minnesota IT Services by the Department of
Human Services under the rates and
mechanism specified in that agreement.
new text end
new text begin
(g) Receipts for systems project.
Appropriations and federal receipts for
information technology systems projects for
MAXIS, PRISM, MMIS, ISDS, METS, and
SSIS must be deposited in the state systems
account authorized in Minnesota Statutes,
section 256.014. Money appropriated for
information technology projects approved by
the commissioner of the Minnesota IT
Services funded by the legislature and
approved by the commissioner of management
and budget may be transferred from one
project to another and from development to
operations as the commissioner of human
services considers necessary. Any unexpended
balance in the appropriation for these projects
does not cancel and is available for ongoing
development and operations.
new text end
new text begin
(h) Federal SNAP education and training
grants. Federal funds available during fiscal
years 2024 and 2025 for Supplemental
Nutrition Assistance Program Education and
Training and SNAP Quality Control
Performance Bonus grants are appropriated
to the commissioner of human services for the
purposes allowable under the terms of the
federal award. This paragraph is effective the
day following final enactment.
new text end
new text begin Subd. 3. new text end
new text begin
Central Office; Operations
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
297,580,000 new text end |
new text begin
258,240,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
4,776,000 new text end |
new text begin
5,284,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
18,857,000 new text end |
new text begin
20,754,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
new text begin
(a) Administrative recovery; set-aside. The
commissioner may invoice local entities
through the SWIFT accounting system as an
alternative means to recover the actual cost of
administering the following provisions:
new text end
new text begin
(1) the statewide data management system
authorized in Minnesota Statutes, section
125A.744, subdivision 3;
new text end
new text begin
(2) repayment of the special revenue
maximization account as provided under
Minnesota Statutes, section 245.495,
paragraph (b);
new text end
new text begin
(3) repayment of the special revenue
maximization account as provided under
Minnesota Statutes, section 256B.0625,
subdivision 20, paragraph (k);
new text end
new text begin
(4) targeted case management under
Minnesota Statutes, section 256B.0924,
subdivision 6, paragraph (g);
new text end
new text begin
(5) residential services for children with severe
emotional disturbance under Minnesota
Statutes, section 256B.0945, subdivision 4,
paragraph (d); and
new text end
new text begin
(6) repayment of the special revenue
maximization account as provided under
Minnesota Statutes, section 256F.10,
subdivision 6, paragraph (b).
new text end
new text begin
(b) Base level adjustment. The general fund
base is $251,157,000 in fiscal year 2026 and
$248,981,000 in fiscal year 2027. The state
government special revenue base is $4,880,000
in fiscal year 2026 and $4,880,000 in fiscal
year 2027.
new text end
new text begin Subd. 4. new text end
new text begin
Central Office; Children and Families
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
40,568,000 new text end |
new text begin
42,523,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
3,572,000 new text end |
new text begin
3,676,000 new text end |
new text begin
(a) $64,000 in fiscal year 2024 and $32,000
in fiscal year 2025 from the general fund are
for a quadrennial review of child support
guidelines. Funds will be transferred to the
special revenue fund.
new text end
new text begin
(b) Base level adjustment. The general fund
base is $41,848,000 in fiscal year 2026 and
$40,452,000 in fiscal year 2027.
new text end
new text begin Subd. 5. new text end
new text begin
Central Office; Health Care
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
49,059,000 new text end |
new text begin
32,969,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
28,168,000 new text end |
new text begin
28,168,000 new text end |
new text begin
(a) $1,350,000 in fiscal year 2024 is from the
general fund to the commissioner of human
services to improve the accessibility of
Minnesota health care programs applications,
forms, and other consumer support resources
and services to enrollees with limited English
proficiency.
new text end
new text begin
(b) $510,000 in fiscal year 2024 and
$1,020,000 in fiscal year 2025 is from the
general fund for contracts with
community-based organizations to facilitate
conversations with applicants and enrollees
in Minnesota health care programs to improve
the application, enrollment, and service
delivery experience in medical assistance and
MinnesotaCare.
new text end
new text begin
(c) The general fund base is $32,111,000 in
fiscal year 2026 and $35,798,000 in fiscal year
2027.
new text end
new text begin Subd. 6. new text end
new text begin
Central Office; Continuing Care for
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
1,098,000 new text end |
new text begin
1,277,000 new text end |
new text begin Subd. 7. new text end
new text begin
Central Office; Behavioral Health,
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
30,483,000 new text end |
new text begin
31,113,000 new text end |
new text begin
(a) $150,000 in fiscal year 2025 is from the
general fund and provides funding for
evaluating outcomes for the additional grant
funding for the expansion of base funding for
the PATH grants. The base for this purpose is
$0 in fiscal year 2026 and $150,000 in fiscal
year 2027.
new text end
new text begin
(b) $1,720,000 in fiscal year 2024 and
$1,720,000 in fiscal year 2025 is from the
general fund and provides funding for an
online behavioral health program locator with
continued expansion of the provider database
allowing people to research and access mental
health and substance use disorder treatment
options.
new text end
new text begin
(c) Base level adjustment. The general fund
base is $30,752,000 in fiscal year 2026 and
$30,902,000 in fiscal year 2027.
new text end
new text begin Subd. 8. new text end
new text begin
Forecasted Programs; MFIP/DWP
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
84,134,000 new text end |
new text begin
86,417,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
114,075,000 new text end |
new text begin
114,884,000 new text end |
new text begin Subd. 9. new text end
new text begin
Forecasted Programs; MFIP Child Care
|
new text begin
46,989,000 new text end |
new text begin
150,099,000 new text end |
||||
new text begin Subd. 10. new text end
new text begin
Forecasted Programs; General
|
new text begin
72,248,000 new text end |
new text begin
81,553,000 new text end |
||||
new text begin
The amount appropriated for emergency
general assistance is limited to no more than
$6,729,812 in fiscal year 2024 and $6,729,812
in fiscal year 2025. Funds to counties shall be
allocated by the commissioner using the
allocation method under Minnesota Statutes,
section 256D.06.
new text end
new text begin Subd. 11. new text end
new text begin
Forecasted Programs; Minnesota
|
new text begin
56,195,000 new text end |
new text begin
57,930,000 new text end |
||||
new text begin Subd. 12. new text end
new text begin
Forecasted Programs; Housing
|
new text begin
212,572,000 new text end |
new text begin
222,635,000 new text end |
||||
new text begin Subd. 13. new text end
new text begin
Forecasted Programs; Northstar Care
|
new text begin
120,060,000 new text end |
new text begin
127,740,000 new text end |
||||
new text begin Subd. 14. new text end
new text begin
Forecasted Programs; MinnesotaCare
|
new text begin
84,028,000 new text end |
new text begin
56,028,000 new text end |
||||
new text begin
These appropriations are from the health care
access fund.
new text end
new text begin Subd. 15. new text end
new text begin
Forecasted Programs; Medical
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
3,249,235,000 new text end |
new text begin
2,723,857,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
869,524,000 new text end |
new text begin
1,509,499,000 new text end |
new text begin
The health care access fund base is
$612,099,000 in fiscal year 2026,
$1,134,585,000 in fiscal year 2027, and
$612,099,000 in fiscal year 2028.
new text end
new text begin Subd. 16. new text end
new text begin
Forecasted Programs; Behavioral
|
new text begin
156,000 new text end |
new text begin
264,000 new text end |
||||
new text begin Subd. 17. new text end
new text begin
Grant Programs; Support Services
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
8,715,000 new text end |
new text begin
8,715,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
96,311,000 new text end |
new text begin
96,311,000 new text end |
new text begin Subd. 18. new text end
new text begin
Grant Programs; BSF Child Care
|
new text begin
68,402,000 new text end |
new text begin
119,785,000 new text end |
||||
new text begin
The general fund base is $145,462,000 in
fiscal year 2026 and $142,412,000 in fiscal
year 2027.
new text end
new text begin Subd. 19. new text end
new text begin
Grant Programs; Child Care
|
new text begin
170,337,000 new text end |
new text begin
177,656,000 new text end |
||||
new text begin
(a) Child care retention program.
$120,000,000 in fiscal year 2024 and
$168,704,000 in fiscal year 2025 are for the
child care retention program payments under
Minnesota Statutes, section 119B.27. The base
for this program is $161,700,000 in fiscal year
2026 and $161,714,000 in fiscal year 2027.
Funds appropriated for this purpose in each
fiscal year are available for two fiscal years.
new text end
new text begin
(b) Transition grant program. $46,550,000
in fiscal year 2024 is for transition grants for
child care providers that intend to participate
in the child care retention program. This
onetime appropriation is available until June
30, 2025.
new text end
new text begin
(c) Base level adjustment. The general fund
base is $170,652,000 in fiscal year 2026 and
$170,667,000 in fiscal year 2027.
new text end
new text begin Subd. 20. new text end
new text begin
Grant Programs; Child Support
|
new text begin
50,000 new text end |
new text begin
50,000 new text end |
||||
new text begin Subd. 21. new text end
new text begin
Grant Programs; Children's Services
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
84,024,000 new text end |
new text begin
105,668,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
140,000 new text end |
new text begin
140,000 new text end |
new text begin
(a) Mille Lacs Band of Ojibwe American
Indian child welfare initiative. $3,337,000
in fiscal year 2024 and $5,294,000 is fiscal
year 2025 is from the general fund to support
activities necessary for the Mille Lacs Band
of Ojibwe to join the American Indian child
welfare initiative. The base is $7,893,000 in
fiscal year 2026 and $7,893,000 in fiscal year
2027.
new text end
new text begin
(b) Leech Lake Band of Ojibwe American
Indian child welfare initiative. $1,848,000
in fiscal year 2024 and $1,848,000 is fiscal
year 2025 is from the general fund to the
Leech Lake Band of Ojibwe to participate in
the American Indian child welfare initiative.
new text end
new text begin
(c) Red Lake Band of Chippewa American
Indian child welfare initiative. $3,000,000
in fiscal year 2024 and $3,000,000 is fiscal
year 2025 is from the general fund to the Red
Lake Band of Chippewa to participate in the
American Indian child welfare initiative.
new text end
new text begin
(d) Staffing increase for Tribal nations.
$800,000 in fiscal year 2024 and $800,000 in
fiscal year 2025 is from the general fund for
Tribal nations to expand staff capacity to
provide child welfare services.
new text end
new text begin
(e) $764,000 in fiscal year 2024 and $764,000
in fiscal year 2025 from the general fund is
for grants for kinship navigator services and
grants to Tribal nations for kinship navigator
services. The base is $750,000 in fiscal year
2026 and $750,000 in fiscal year 2027.
new text end
new text begin
(f) $6,100,000 in fiscal year 2024 and
$9,800,000 in fiscal year 2025 are for Family
First Prevention and Early Intervention Grants
pursuant to Minnesota Statutes, section
260.014.
new text end
new text begin
(g) $3,000,000 in fiscal year 2024 and
$7,000,000 in fiscal year 2025 are for grants
to support prevention and early intervention
services to implement and build upon
Minnesota's Family First Prevention Services
Act Title IV-E Prevention Services plan under
Minnesota Statutes, section 260.014. The base
includes $10,000,000 in fiscal year 2026 and
$10,000,000 in fiscal year 2027.
new text end
new text begin
(h) $450,000 in fiscal year 2024 and $450,000
in fiscal year 2025 are for grants to one or
more grantees to establish and manage a pool
of state-funded qualified individuals to assess
potential out-of-home placement of a child in
a qualified residential treatment program.
new text end
new text begin
(i) $1,958,000 in fiscal year 2024 and
$2,095,000 in fiscal year 2025 is from the
general fund for the STAY in the community
program, pursuant Minnesota Statutes, section
260C.452. Funds are available until June 30,
2025.
new text end
new text begin
(j) $600,000 in fiscal year 2024 and
$1,200,000 in fiscal year 2025 is from the
general fund for the support beyond 21
program pursuant to Minnesota Statutes,
section 256.4792. Funds are available until
June 30, 2025.
new text end
new text begin
(k) $800,000 in fiscal year 2024 and $800,000
in fiscal year 2025 is from the general fund
for minor connect program pursuant to
Minnesota Statutes, section 256K.47. Funds
are available until June 30, 2025.
new text end
new text begin
(l) $3,000,000 in fiscal year 2024 and
$3,000,000 in fiscal year 2025 is from the
general fund to provide grants to counties and
American Indian child welfare initiative Tribes
to be used to reduce extended foster care
caseload sizes. Funds are available until June
30, 2025.
new text end
new text begin
(m) $770,000 in fiscal year 2024 and $770,000
in fiscal year 2025 for an increase in the public
private adoption initiative in order to carry out
the commissioner's duties under Minnesota
Statutes, section 256.01, subdivision 2,
paragraph (h).
new text end
new text begin
(n) Grants to community resource centers; $0
in fiscal year 2024 and $11,250,000 in fiscal
year 2025 from the general fund is for
community resource centers, pursuant to
Minnesota Statutes, section 260C.30. The base
is $14,528,000 in fiscal year 2026 and
$14,528,000 in fiscal year 2027.
new text end
new text begin
(o) Base level adjustment. The general fund
base is $114,766,000 in fiscal year 2026 and
$114,766,000 in fiscal year 2027.
new text end
new text begin Subd. 22. new text end
new text begin
Grant Programs; Children and
|
new text begin
60,856,000 new text end |
new text begin
60,856,000 new text end |
||||
new text begin Subd. 23. new text end
new text begin
Grant Programs; Children and
|
new text begin
90,609,000 new text end |
new text begin
77,109,000 new text end |
||||
new text begin
(a) $400,000 in fiscal year 2024 is from the
general fund to the commissioner for start-up
grants to the Red Lake Nation, White Earth
Nation, and Mille Lacs Band of Ojibwe to
develop a fraud prevention program. This
onetime appropriation is available until June
30, 2025.
new text end
new text begin
(b) Emergency services program.
$15,000,000 in fiscal year 2024 and
$20,000,000 in fiscal year 2025 from the
general fund for the emergency services
program under Minnesota Statutes, section
256E.36. Grant allocation balances in the first
year do not cancel but are available in the
second year of the biennium. The base
includes $35,000,000 in fiscal year 2026 and
$35,000,000 in fiscal year 2027.
new text end
new text begin
(c) Tribal food sovereignty grants.
$3,000,000 in fiscal year 2024 and $3,000,000
in fiscal year 2025 are from the general fund
for grants to support food security among
Tribal nations and American Indian
communities under Minnesota Statutes, section
256E.341. Funds are available until June 30,
2025. The base includes $2,000,000 in fiscal
year 2026 and $2,000,000 in fiscal year 2027.
new text end
new text begin
(d) Food support grants. $6,000,000 in fiscal
year 2024 and $6,000,000 in fiscal year 2025
is from the general fund for the Minnesota
food shelf program under Minnesota Statutes,
section 256E.34. Funds are available until June
30, 2025.
new text end
new text begin
(e) Outreach and application assistance for
SNAP-eligible Minnesotans. $3,000,000 in
fiscal year 2024 and $3,000,000 in fiscal year
2025 is from the general fund to provide
outreach and application assistance to eligible
Minnesotans who are not enrolled in SNAP.
Funds may be used for support organizations
across the state to provide education,
information, and assistance to help
Minnesotans apply for SNAP using culturally
relevant and community-driven approaches.
new text end
new text begin
(f) Capital for emergency food distribution
facilities. $19,000,000 in fiscal year 2024 is
for improving and expanding the infrastructure
of food shelf facilities across the state,
including adding freezer or cooler space and
dry storage space, improving the safety and
sanitation of existing food shelves, and
addressing deferred maintenance or other
facility needs of existing food shelves. Grant
money shall be made available to nonprofit
organizations, federally recognized Tribes,
and local units of government. This is a
onetime appropriation and is available until
June 30, 2027.
new text end
new text begin
(g) Base level adjustment. The general fund
base is $93,609,000 in fiscal year 2026 and
$93,609,000 in fiscal year 2027.
new text end
new text begin Subd. 24. new text end
new text begin
Grant Programs; Health Care Grants
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
5,811,000 new text end |
new text begin
7,297,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
4,529,000 new text end |
new text begin
3,465,000 new text end |
new text begin
(a) $1,000,000 in fiscal year 2024 and
$1,000,000 in fiscal year 2025 is from the
general fund to the commissioner of human
services for funding to the Indian Health Board
of Minneapolis to support continued access to
health care coverage through Minnesota health
care programs, improve access to quality care,
and increase vaccination rates among urban
American Indians. The general fund base for
this appropriation is $1,000,000 in fiscal year
2026 and $0 in fiscal year 2027.
new text end
new text begin
(b) $2,000,000 in fiscal year 2025 is from the
general fund for grants to demonstration
participants in a project to develop innovative
cost of care payment models that integrate
social services and health care service delivery
for Medicaid beneficiaries. The base includes
for this proposal $1,260,000 in fiscal year
2026 and $1,260,000 in fiscal year 2027, and
the base is $0 in fiscal year 2028.
new text end
new text begin
(c) $1,064,000 in fiscal year 2024 is from the
health care access fund to the commissioner
of human services for grants to organizations
with a MNsure grant services navigator
assister contract in good standing as of June
30, 2022. Funds are available until June 30,
2025. This is a onetime appropriation.
new text end
new text begin
(d) Base level adjustment. The general fund
base is $7,071,000 in fiscal year 2026 and
$6,071,000 in fiscal year 2027.
new text end
new text begin Subd. 25. new text end
new text begin
Grant Programs; Deaf and
|
new text begin
2,886,000 new text end |
new text begin
2,886,000 new text end |
||||
new text begin Subd. 26. new text end
new text begin
Grant Programs; Disabilities Grants
|
new text begin
500,000 new text end |
new text begin
2,000,000 new text end |
||||
new text begin
$500,000 in fiscal year 2024 and $2,000,000
in fiscal year 2025 are from the general fund
for the transition to community grant initiative
grant funding under the Laws 2021, First
Special Session chapter 7, article 17, section
6.
new text end
new text begin Subd. 27. new text end
new text begin
Grant Programs; Housing Support
|
new text begin
18,634,000 new text end |
new text begin
10,364,000 new text end |
||||
new text begin Subd. 28. new text end
new text begin
Grant Programs; Adult Mental Health
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
128,537,000 new text end |
new text begin
142,175,000 new text end |
new text begin
(a) $300,000 in fiscal year 2024 and $300,000
in fiscal year 2025 are for adult mental health
initiative grants to the White Earth Nation.
This is a onetime appropriation.
new text end
new text begin
(b) $1,375,000 in fiscal year 2024 and
$5,000,000 in fiscal year 2025 are from the
general fund for the transition to community
grant initiative grant funding under Laws
2021, First Special Session chapter 7, article
17, section 6.
new text end
new text begin
(c) $4,000,000 in fiscal year 2024 and
$8,000,000 in fiscal year 2025 are from the
general fund for the mobile crisis grants under
the Laws 2021, First Special Session chapter
7, article 17, section 11.
new text end
new text begin
(d) $1,000,000 in fiscal year 2024 and
$1,000,000 in fiscal year 2025 are from the
general fund for mobile crisis funds to Tribal
nations.
new text end
new text begin
(e) Base level adjustment. The general fund
base is $152,483,000 in fiscal year 2026 and
$152,465,000 in fiscal year 2027.
new text end
new text begin Subd. 29. new text end
new text begin
Grant Programs; Child Mental Health
|
new text begin
48,530,000 new text end |
new text begin
46,676,000 new text end |
||||
new text begin
(a) $4,400,000 in fiscal year 2024 and
$4,400,000 in fiscal year 2025 are from the
general fund for school-linked behavioral
health services in intermediate school districts.
new text end
new text begin
(b) $1,050,000 in fiscal year 2024 and
$1,050,000 in fiscal year 2025 are from the
general fund for psychiatric residential
treatment facilities specialization grants for
staffing costs to treat and support behavioral
health conditions and support children and
families.
new text end
new text begin
(c) $1,250,000 in fiscal year 2024 and
$1,250,000 in fiscal year 2025 are from the
general fund for emerging mood disorder
grants for evidence-informed interventions for
youth and young adults who are at higher risk
of developing a mood disorder or are already
experiencing an emerging mood disorder such
as major depression or bipolar disorder.
new text end
new text begin
(d) $1,000,000 in fiscal year 2024 and
$1,000,000 in fiscal year 2025 are from the
general fund for grants to implement the
mobile response and stabilization services
model. The model is to promote access to
crisis response services, reduce admissions to
psychiatric hospitalizations and out-of-home
placement services, which are expensive and
traumatic for children, youth, and families.
new text end
new text begin
(e) $1,000,000 in fiscal year 2024 and
$1,000,000 in fiscal year 2025 are from the
general fund and must be used to provide grant
funding to mental health consultants
throughout the state including Tribal nations
for expertise in young children's development
and early childhood services.
new text end
new text begin
(f) Base level adjustment. The general fund
base is $50,926,000 in fiscal year 2026 and
$50,926,000 in fiscal year 2027.
new text end
new text begin Subd. 30. new text end
new text begin
Grant Programs; Chemical
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
1,350,000 new text end |
new text begin
1,350,000 new text end |
new text begin Subd. 31. new text end
new text begin
Technical Activities
|
new text begin
71,493,000 new text end |
new text begin
71,493,000 new text end |
||||
new text begin
This appropriation is from the federal TANF
fund.
new text end
Sec. 3. new text begin NAVIGATOR ASSISTER GRANTS.
new text end
new text begin
$1,936,000 in fiscal year 2023 is appropriated from the health care access fund to the
commissioner of human services for grants to organizations with a MNsure grant services
navigator assister contract in good standing as of June 30, 2023. The grant payment to each
organization must be in proportion to the number of medical assistance and MinnesotaCare
enrollees each organization assisted that resulted in a successful enrollment in the second
quarter of fiscal years 2020 and 2022, as determined by MNsure's navigator payment process.
This is a onetime appropriation and is available until June 30, 2025.
new text end
Sec. 4. new text begin ASSET DISREGARDS.
new text end
new text begin
$351,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services to implement a temporary asset disregard program in the medical
assistance program. This is a onetime appropriation.
new text end
Sec. 5.
Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 32,
as amended by Laws 2022, chapter 98, article 15, section 7, subdivision 32, is amended to
read:
Subd. 32.Grant Programs; Child Mental Health
|
30,167,000 |
30,182,000 |
||||
(a) Children's Residential Facilities.
$1,964,000 in fiscal year 2022 and $1,979,000
in fiscal year 2023 are to reimburse counties
and Tribal governments for a portion of the
costs of treatment in children's residential
facilities. The commissioner shall distribute
the appropriation to counties and Tribal
governments proportionally based on a
methodology developed by the commissioner.
The deleted text begin fiscal year 2022 appropriation is available
until June 30, 2023deleted text end new text begin base for this activity is $0
in fiscal year 2025new text end .
(b) Base Level Adjustment. The general fund
base is $29,580,000 in fiscal year 2024 and
deleted text begin $27,705,000deleted text end new text begin $25,726,000new text end in fiscal year 2025.
Sec. 6. new text begin TRANSFERS.
new text end
new text begin Subdivision 1. new text end
new text begin Grants. new text end
new text begin
The commissioner of human services, with the approval of the
commissioner of management and budget, may transfer unencumbered appropriation balances
for the biennium ending June 30, 2025, within fiscal years among the MFIP; general
assistance; medical assistance; MinnesotaCare; MFIP child care assistance under Minnesota
Statutes, section 119B.05; Minnesota supplemental aid program; group residential housing
program; the entitlement portion of Northstar Care for Children under Minnesota Statutes,
chapter 256N; and the entitlement portion of the behavioral health fund between fiscal years
of the biennium. The commissioner shall inform the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services quarterly
about transfers made under this subdivision.
new text end
new text begin Subd. 2. new text end
new text begin Administration. new text end
new text begin
Positions, salary money, and nonsalary administrative money
may be transferred within the Department of Human Services as the commissioners consider
necessary, with the advance approval of the commissioner of management and budget. The
commissioners shall inform the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services finance quarterly about transfers
made under this section.
new text end
APPENDIX
Repealed Minnesota Statutes: 23-03358
62J.692 MEDICAL EDUCATION.
Subd. 4a.
Alternative distribution.
If federal approval is not received for the formula described in subdivision 4, paragraphs (a) and (b), 100 percent of available medical education and research funds shall be distributed based on a distribution formula that reflects a summation of two factors:
(1) a public program volume factor, that is determined by the total volume of public program revenue received by each training site as a percentage of all public program revenue received by all training sites in the fund pool; and
(2) a supplemental public program volume factor, that is determined by providing a supplemental payment of 20 percent of each training site's grant to training sites whose public program revenue accounted for at least 0.98 percent of the total public program revenue received by all eligible training sites. Grants to training sites whose public program revenue accounted for less than 0.98 percent of the total public program revenue received by all eligible training sites shall be reduced by an amount equal to the total value of the supplemental payment.
Subd. 7.
Transfers from commissioner of human services.
Of the amount transferred according to section 256B.69, subdivision 5c, paragraph (a), clauses (1) to (4), $21,714,000 shall be distributed as follows:
(1) $2,157,000 shall be distributed by the commissioner to the University of Minnesota Board of Regents for the purposes described in sections 137.38 to 137.40;
(2) $1,035,360 shall be distributed by the commissioner to the Hennepin County Medical Center for clinical medical education;
(3) $17,400,000 shall be distributed by the commissioner to the University of Minnesota Board of Regents for purposes of medical education;
(4) $1,121,640 shall be distributed by the commissioner to clinical medical education dental innovation grants in accordance with subdivision 7a; and
(5) the remainder of the amount transferred according to section 256B.69, subdivision 5c, clauses (1) to (4), shall be distributed by the commissioner annually to clinical medical education programs that meet the qualifications of subdivision 3 based on the formula in subdivision 4, paragraph (a).
Subd. 7a.
Clinical medical education innovations grants.
(a) The commissioner shall award grants to teaching institutions and clinical training sites for projects that increase dental access for underserved populations and promote innovative clinical training of dental professionals. In awarding the grants, the commissioner, in consultation with the commissioner of human services, shall consider the following:
(1) potential to successfully increase access to an underserved population;
(2) the long-term viability of the project to improve access beyond the period of initial funding;
(3) evidence of collaboration between the applicant and local communities;
(4) the efficiency in the use of the funding; and
(5) the priority level of the project in relation to state clinical education, access, and workforce goals.
(b) The commissioner shall periodically evaluate the priorities in awarding the innovations grants in order to ensure that the priorities meet the changing workforce needs of the state.
119B.03 BASIC SLIDING FEE PROGRAM.
Subd. 4.
Funding priority.
(a) First priority for child care assistance under the basic sliding fee program must be given to eligible non-MFIP families who do not have a high school diploma or commissioner of education-selected high school equivalency certification or who need remedial and basic skill courses in order to pursue employment or to pursue education leading to employment and who need child care assistance to participate in the education program. This includes student parents as defined under section 119B.011, subdivision 19b. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(b) Second priority must be given to parents who have completed their MFIP or DWP transition year, or parents who are no longer receiving or eligible for diversionary work program supports.
(c) Third priority must be given to families who are eligible for portable basic sliding fee assistance through the portability pool under subdivision 9.
(d) Fourth priority must be given to families in which at least one parent is a veteran as defined under section 197.447.
(e) Families under paragraph (b) must be added to the basic sliding fee waiting list on the date they begin the transition year under section 119B.011, subdivision 20, and must be moved into the basic sliding fee program as soon as possible after they complete their transition year.
137.38 EDUCATION AND TRAINING OF PRIMARY CARE PHYSICIANS.
Subdivision 1.
Condition.
If the Board of Regents accepts the amount transferred under section 62J.692, subdivision 7, clause (1), to be used for the purposes described in sections 137.38 to 137.40, it shall comply with the duties for which the transfer is made.
245.735 CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES.
Subd. 3.
Certified community behavioral health clinics.
(a) The commissioner shall establish a state certification process for certified community behavioral health clinics (CCBHCs) that satisfy all federal requirements necessary for CCBHCs certified under this section to be eligible for reimbursement under medical assistance, without service area limits based on geographic area or region. The commissioner shall consult with CCBHC stakeholders before establishing and implementing changes in the certification process and requirements. Entities that choose to be CCBHCs must:
(1) comply with state licensing requirements and other requirements issued by the commissioner;
(2) employ or contract for clinic staff who have backgrounds in diverse disciplines, including licensed mental health professionals and licensed alcohol and drug counselors, and staff who are culturally and linguistically trained to meet the needs of the population the clinic serves;
(3) ensure that clinic services are available and accessible to individuals and families of all ages and genders and that crisis management services are available 24 hours per day;
(4) establish fees for clinic services for individuals who are not enrolled in medical assistance using a sliding fee scale that ensures that services to patients are not denied or limited due to an individual's inability to pay for services;
(5) comply with quality assurance reporting requirements and other reporting requirements, including any required reporting of encounter data, clinical outcomes data, and quality data;
(6) provide crisis mental health and substance use services, withdrawal management services, emergency crisis intervention services, and stabilization services through existing mobile crisis services; screening, assessment, and diagnosis services, including risk assessments and level of care determinations; person- and family-centered treatment planning; outpatient mental health and substance use services; targeted case management; psychiatric rehabilitation services; peer support and counselor services and family support services; and intensive community-based mental health services, including mental health services for members of the armed forces and veterans. CCBHCs must directly provide the majority of these services to enrollees, but may coordinate some services with another entity through a collaboration or agreement, pursuant to paragraph (b);
(7) provide coordination of care across settings and providers to ensure seamless transitions for individuals being served across the full spectrum of health services, including acute, chronic, and behavioral needs. Care coordination may be accomplished through partnerships or formal contracts with:
(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally qualified health centers, inpatient psychiatric facilities, substance use and detoxification facilities, or community-based mental health providers; and
(ii) other community services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies, Indian health services clinics, tribally licensed health care and mental health facilities, urban Indian health clinics, Department of Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute care hospitals, and hospital outpatient clinics;
(8) be certified as a mental health clinic under section 245I.20;
(9) comply with standards established by the commissioner relating to CCBHC screenings, assessments, and evaluations;
(10) be licensed to provide substance use disorder treatment under chapter 245G;
(11) be certified to provide children's therapeutic services and supports under section 256B.0943;
(12) be certified to provide adult rehabilitative mental health services under section 256B.0623;
(13) be enrolled to provide mental health crisis response services under section 256B.0624;
(14) be enrolled to provide mental health targeted case management under section 256B.0625, subdivision 20;
(15) comply with standards relating to mental health case management in Minnesota Rules, parts 9520.0900 to 9520.0926;
(16) provide services that comply with the evidence-based practices described in paragraph (e); and
(17) comply with standards relating to peer services under sections 256B.0615, 256B.0616, and 245G.07, subdivision 2, clause (8), as applicable when peer services are provided.
(b) If a certified CCBHC is unable to provide one or more of the services listed in paragraph (a), clauses (6) to (17), the CCBHC may contract with another entity that has the required authority to provide that service and that meets the following criteria as a designated collaborating organization:
(1) the entity has a formal agreement with the CCBHC to furnish one or more of the services under paragraph (a), clause (6);
(2) the entity provides assurances that it will provide services according to CCBHC service standards and provider requirements;
(3) the entity agrees that the CCBHC is responsible for coordinating care and has clinical and financial responsibility for the services that the entity provides under the agreement; and
(4) the entity meets any additional requirements issued by the commissioner.
(c) Notwithstanding any other law that requires a county contract or other form of county approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise meets CCBHC requirements may receive the prospective payment under section 256B.0625, subdivision 5m, for those services without a county contract or county approval. As part of the certification process in paragraph (a), the commissioner shall require a letter of support from the CCBHC's host county confirming that the CCBHC and the county or counties it serves have an ongoing relationship to facilitate access and continuity of care, especially for individuals who are uninsured or who may go on and off medical assistance.
(d) When the standards listed in paragraph (a) or other applicable standards conflict or address similar issues in duplicative or incompatible ways, the commissioner may grant variances to state requirements if the variances do not conflict with federal requirements for services reimbursed under medical assistance. If standards overlap, the commissioner may substitute all or a part of a licensure or certification that is substantially the same as another licensure or certification. The commissioner shall consult with stakeholders, as described in subdivision 4, before granting variances under this provision. For the CCBHC that is certified but not approved for prospective payment under section 256B.0625, subdivision 5m, the commissioner may grant a variance under this paragraph if the variance does not increase the state share of costs.
(e) The commissioner shall issue a list of required evidence-based practices to be delivered by CCBHCs, and may also provide a list of recommended evidence-based practices. The commissioner may update the list to reflect advances in outcomes research and medical services for persons living with mental illnesses or substance use disorders. The commissioner shall take into consideration the adequacy of evidence to support the efficacy of the practice, the quality of workforce available, and the current availability of the practice in the state. At least 30 days before issuing the initial list and any revisions, the commissioner shall provide stakeholders with an opportunity to comment.
(f) The commissioner shall recertify CCBHCs at least every three years. The commissioner shall establish a process for decertification and shall require corrective action, medical assistance repayment, or decertification of a CCBHC that no longer meets the requirements in this section or that fails to meet the standards provided by the commissioner in the application and certification process.
245C.02 DEFINITIONS.
Subd. 14b.
Public law background study.
"Public law background study" means a background study conducted by the commissioner pursuant to section 245C.032.
245C.032 PUBLIC LAW BACKGROUND STUDIES.
Subdivision 1.
Public law background studies.
(a) Notwithstanding all other sections of chapter 245C, the commissioner shall conduct public law background studies exclusively in accordance with this section. The commissioner shall conduct a public law background study under this section for an individual having direct contact with persons served by a licensed sex offender treatment program under chapters 246B and 253D.
(b) All terms in this section shall have the definitions provided in section 245C.02.
(c) The commissioner shall conduct public law background studies according to the following:
(1) section 245C.04, subdivision 1, paragraphs (a), (b), (d), (g), (h), and (i), subdivision 4a, and subdivision 7;
(2) section 245C.05, subdivision 1, paragraphs (a) and (d), subdivisions 2, 2c, and 2d, subdivision 4, paragraph (a), clauses (1) and (2), subdivision 5, paragraphs (b) to (f), and subdivisions 6 and 7;
(3) section 245C.051;
(4) section 245C.07, paragraphs (a), (b), (d), and (f);
(5) section 245C.08, subdivision 1, paragraph (a), clauses (1) to (5), paragraphs (b), (c), (d), and (e), subdivision 3, and subdivision 4, paragraphs (a), (c), (d), and (e);
(6) section 245C.09, subdivisions 1 and 2;
(7) section 245C.10, subdivision 9;
(8) section 245C.13, subdivision 1, and subdivision 2, paragraph (a), and paragraph (c), clauses (1) to (3);
(9) section 245C.14, subdivisions 1 and 2;
(10) section 245C.15;
(11) section 245C.16, subdivision 1, paragraphs (a), (b), (c), and (f), and subdivision 2, paragraphs (a) and (b);
(12) section 245C.17, subdivision 1, subdivision 2, paragraph (a), clauses (1) to (3), clause (6), item (ii), subdivision 3, paragraphs (a) and (b), paragraph (c), clauses (1) and (2), items (ii) and (iii), paragraph (d), clauses (1) and (2), item (ii), and paragraph (e);
(13) section 245C.18, paragraph (a);
(14) section 245C.19;
(15) section 245C.20;
(16) section 245C.21, subdivision 1, subdivision 1a, paragraph (c), and subdivisions 2, 3, and 4;
(17) section 245C.22, subdivisions 1, 2, and 3, subdivision 4, paragraphs (a) to (c), subdivision 5, paragraphs (a), (b), and (d), and subdivision 6;
(18) section 245C.23, subdivision 1, paragraphs (a) and (b), and subdivision 2, paragraphs (a) to (c);
(19) section 245C.24, subdivision 2, paragraph (a);
(20) section 245C.25;
(21) section 245C.27;
(22) section 245C.28;
(23) section 245C.29, subdivision 1, and subdivision 2, paragraphs (a) and (c);
(24) section 245C.30, subdivision 1, paragraphs (a) and (d), and subdivisions 3 to 5;
(25) section 245C.31; and
(26) section 245C.32.
Subd. 2.
Classification of public law background study data; access to information.
All data obtained by the commissioner for a background study completed under this section shall be classified as private data.
245C.11 BACKGROUND STUDY; COUNTY AGENCIES.
Subd. 3.
Criminal history data.
County agencies shall have access to the criminal history data in the same manner as county licensing agencies under this chapter for purposes of background studies completed before the implementation of NETStudy 2.0 by county agencies on legal nonlicensed child care providers to determine eligibility for child care funds under chapter 119B.
245C.30 VARIANCE FOR A DISQUALIFIED INDIVIDUAL.
Subd. 1a.
Public law background study variances.
For a variance related to a public law background study conducted under section 245C.032, the variance shall state the services that may be provided by the disqualified individual and state the conditions with which the license holder or applicant must comply for the variance to remain in effect. The variance shall not state the reason for the disqualification.
256.8799 SUPPLEMENTAL NUTRITION ASSISTANCE OUTREACH PROGRAM.
Subdivision 1.
Establishment.
The commissioner of human services shall establish, in consultation with the representatives from community action agencies, a statewide outreach program to better inform potential recipients of the existence and availability of Supplemental Nutrition Assistance Program (SNAP) benefits under SNAP. As part of the outreach program, the commissioner and community action agencies shall encourage recipients in the use of SNAP benefits at food cooperatives. The commissioner shall explore and pursue federal funding sources, and specifically, apply for funding from the United States Department of Agriculture for the SNAP outreach program.
Subd. 2.
Administration of the program.
A community association representing community action agencies under section 256E.31, in consultation with the commissioner shall administer the outreach program, issue the request for proposals, and review and approve the potential grantee's plan. Grantees shall comply with the monitoring and reporting requirements as developed by the commissioner in accordance with subdivision 4, and must also participate in the evaluation process as directed by the commissioner. Grantees must successfully complete one year of outreach and demonstrate compliance with all monitoring and reporting requirements in order to be eligible for additional funding.
Subd. 3.
Plan content.
In approving the plan, the association shall evaluate the plan and give highest priority to a plan that:
(1) targets communities in which 50 percent or fewer of the residents with incomes below 125 percent of the poverty level receive SNAP benefits;
(2) demonstrates that the grantee has the experience necessary to administer the program;
(3) demonstrates a cooperative relationship with the local county social service agencies;
(4) provides ways to improve the dissemination of information on SNAP as well as other assistance programs through a statewide hotline or other community agencies;
(5) provides direct advocacy consisting of face-to-face assistance with the potential applicants;
(6) improves access to SNAP by documenting barriers to participation and advocating for changes in the administrative structure of the program; and
(7) develops strategies for combatting community stereotypes about SNAP benefit recipients and SNAP, misinformation about the program, and the stigma associated with using SNAP benefits.
Subd. 4.
Coordinated development.
The commissioner shall consult with representatives from the United States Department of Agriculture, Minnesota Community Action Association, Food First Coalition, Minnesota Department of Human Services, Urban Coalition/University of Minnesota extension services, county social service agencies, local social service agencies, and organizations that have previously administered the state-funded SNAP outreach programs to:
(1) develop the reporting requirements for the program;
(2) develop and implement the monitoring of the program;
(3) develop, coordinate, and assist in the evaluation process; and
(4) provide an interim report to the legislature by January 1997, and a final report to the legislature by January 1998, which includes the results of the evaluation and recommendations.
256.9864 REPORTS BY RECIPIENT.
(a) An assistance unit with a recent work history or with earned income shall report monthly to the county agency on income received and other circumstances affecting eligibility or assistance amounts. All other assistance units shall report on income and other circumstances affecting eligibility and assistance amounts, as specified by the state agency.
(b) An assistance unit required to submit a report on the form designated by the commissioner and within ten days of the due date or the date of the significant change, whichever is later, or otherwise report significant changes which would affect eligibility or assistance amounts, is considered to have continued its application for assistance effective the date the required report is received by the county agency, if a complete report is received within a calendar month in which assistance was received.
256B.69 PREPAID HEALTH PLANS.
Subd. 5c.
Medical education and research fund.
(a) The commissioner of human services shall transfer each year to the medical education and research fund established under section 62J.692, an amount specified in this subdivision. The commissioner shall calculate the following:
(1) an amount equal to the reduction in the prepaid medical assistance payments as specified in this clause. After January 1, 2002, the county medical assistance capitation base rate prior to plan specific adjustments is reduced 6.3 percent for Hennepin County, two percent for the remaining metropolitan counties, and 1.6 percent for nonmetropolitan Minnesota counties. Nursing facility and elderly waiver payments and demonstration project payments operating under subdivision 23 are excluded from this reduction. The amount calculated under this clause shall not be adjusted for periods already paid due to subsequent changes to the capitation payments;
(2) beginning July 1, 2003, $4,314,000 from the capitation rates paid under this section;
(3) beginning July 1, 2002, an additional $12,700,000 from the capitation rates paid under this section; and
(4) beginning July 1, 2003, an additional $4,700,000 from the capitation rates paid under this section.
(b) This subdivision shall be effective upon approval of a federal waiver which allows federal financial participation in the medical education and research fund. The amount specified under paragraph (a), clauses (1) to (4), shall not exceed the total amount transferred for fiscal year 2009. Any excess shall first reduce the amounts specified under paragraph (a), clauses (2) to (4). Any excess following this reduction shall proportionally reduce the amount specified under paragraph (a), clause (1).
(c) Beginning September 1, 2011, of the amount in paragraph (a), the commissioner shall transfer $21,714,000 each fiscal year to the medical education and research fund.
(d) Beginning September 1, 2011, of the amount in paragraph (a), following the transfer under paragraph (c), the commissioner shall transfer to the medical education research fund $23,936,000 in fiscal years 2012 and 2013 and $49,552,000 in fiscal year 2014 and thereafter.
256J.08 DEFINITIONS.
Subd. 10.
Budget month.
"Budget month" means the calendar month which the county agency uses to determine the income or circumstances of an assistance unit to calculate the amount of the assistance payment in the payment month.
Subd. 53.
Lump sum.
"Lump sum" means nonrecurring income as described in section 256P.06, subdivision 3, clause (2), item (ix).
Subd. 61.
Monthly income test.
"Monthly income test" means the test used to determine ongoing eligibility and the assistance payment amount according to section 256J.21.
Subd. 62.
Nonrecurring income.
"Nonrecurring income" means a form of income which is received:
(1) only one time or is not of a continuous nature; or
(2) in a prospective payment month but is no longer received in the corresponding retrospective payment month.
Subd. 81.
Retrospective budgeting.
"Retrospective budgeting" means a method of determining the amount of the assistance payment in which the payment month is the second month after the budget month.
Subd. 83.
Significant change.
"Significant change" means a decline in gross income of the amount of the disregard as defined in section 256P.03 or more from the income used to determine the grant for the current month.
256J.30 APPLICANT AND PARTICIPANT REQUIREMENTS AND RESPONSIBILITIES.
Subd. 5.
Monthly MFIP household reports.
Each assistance unit with a member who has earned income or a recent work history, and each assistance unit that has income deemed to it from a financially responsible person must complete a monthly MFIP household report form. "Recent work history" means the individual received earned income in the report month or any of the previous three calendar months even if the earnings are excluded. To be complete, the MFIP household report form must be signed and dated by the caregivers no earlier than the last day of the reporting period. All questions required to determine assistance payment eligibility must be answered, and documentation of earned income must be included.
Subd. 7.
Due date of MFIP household report form.
An MFIP household report form must be received by the county agency by the eighth calendar day of the month following the reporting period covered by the form. When the eighth calendar day of the month falls on a weekend or holiday, the MFIP household report form must be received by the county agency the first working day that follows the eighth calendar day.
Subd. 8.
Late MFIP household report forms.
(a) Paragraphs (b) to (e) apply to the reporting requirements in subdivision 7.
(b) When the county agency receives an incomplete MFIP household report form, the county agency must immediately contact the caregiver by phone or in writing to acquire the necessary information to complete the form.
(c) The automated eligibility system must send a notice of proposed termination of assistance to the assistance unit if a complete MFIP household report form is not received by a county agency. The automated notice must be mailed to the caregiver by approximately the 16th of the month. When a caregiver submits an incomplete form on or after the date a notice of proposed termination has been sent, the termination is valid unless the caregiver submits a complete form before the end of the month.
(d) An assistance unit required to submit an MFIP household report form is considered to have continued its application for assistance if a complete MFIP household report form is received within a calendar month after the month in which the form was due and assistance shall be paid for the period beginning with the first day of that calendar month.
(e) A county agency must allow good cause exemptions from the reporting requirements under subdivision 5 when any of the following factors cause a caregiver to fail to provide the county agency with a completed MFIP household report form before the end of the month in which the form is due:
(1) an employer delays completion of employment verification;
(2) a county agency does not help a caregiver complete the MFIP household report form when the caregiver asks for help;
(3) a caregiver does not receive an MFIP household report form due to mistake on the part of the department or the county agency or due to a reported change in address;
(4) a caregiver is ill, or physically or mentally incapacitated; or
(5) some other circumstance occurs that a caregiver could not avoid with reasonable care which prevents the caregiver from providing a completed MFIP household report form before the end of the month in which the form is due.
256J.33 PROSPECTIVE AND RETROSPECTIVE MFIP ELIGIBILITY.
Subd. 3.
Retrospective eligibility.
After the first two months of MFIP eligibility, a county agency must continue to determine whether an assistance unit is prospectively eligible for the payment month by looking at all factors other than income and then determine whether the assistance unit is retrospectively income eligible by applying the monthly income test to the income from the budget month. When the monthly income test is not satisfied, the assistance payment must be suspended when ineligibility exists for one month or ended when ineligibility exists for more than one month.
Subd. 4.
Monthly income test.
A county agency must apply the monthly income test retrospectively for each month of MFIP eligibility. An assistance unit is not eligible when the countable income equals or exceeds the MFIP standard of need or the family wage level for the assistance unit. The income applied against the monthly income test must include:
(1) gross earned income from employment as described in chapter 256P, prior to mandatory payroll deductions, voluntary payroll deductions, wage authorizations, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;
(2) gross earned income from self-employment less deductions for self-employment expenses in section 256J.37, subdivision 5, but prior to any reductions for personal or business state and federal income taxes, personal FICA, personal health and life insurance, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;
(3) unearned income as described in section 256P.06, subdivision 3, after deductions for allowable expenses in section 256J.37, subdivision 9, and allocations in section 256J.36;
(4) gross earned income from employment as determined under clause (1) which is received by a member of an assistance unit who is a minor child or minor caregiver and less than a half-time student;
(5) child support received by an assistance unit, excluded under section 256P.06, subdivision 3, clause (2), item (xvi);
(6) spousal support received by an assistance unit;
(7) the income of a parent when that parent is not included in the assistance unit;
(8) the income of an eligible relative and spouse who seek to be included in the assistance unit; and
(9) the unearned income of a minor child included in the assistance unit.
Subd. 5.
When to terminate assistance.
When an assistance unit is ineligible for MFIP assistance for two consecutive months, the county agency must terminate MFIP assistance.
256J.34 CALCULATING ASSISTANCE PAYMENTS.
Subdivision 1.
Prospective budgeting.
A county agency must use prospective budgeting to calculate the assistance payment amount for the first two months for an applicant who has not received assistance in this state for at least one payment month preceding the first month of payment under a current application. Notwithstanding subdivision 3, paragraph (a), clause (2), a county agency must use prospective budgeting for the first two months for a person who applies to be added to an assistance unit. Prospective budgeting is not subject to overpayments or underpayments unless fraud is determined under section 256.98.
(a) The county agency must apply the income received or anticipated in the first month of MFIP eligibility against the need of the first month. The county agency must apply the income received or anticipated in the second month against the need of the second month.
(b) When the assistance payment for any part of the first two months is based on anticipated income, the county agency must base the initial assistance payment amount on the information available at the time the initial assistance payment is made.
(c) The county agency must determine the assistance payment amount for the first two months of MFIP eligibility by budgeting both recurring and nonrecurring income for those two months.
Subd. 2.
Retrospective budgeting.
The county agency must use retrospective budgeting to calculate the monthly assistance payment amount after the payment for the first two months has been made under subdivision 1.
Subd. 3.
Additional uses of retrospective budgeting.
Notwithstanding subdivision 1, the county agency must use retrospective budgeting to calculate the monthly assistance payment amount for the first two months under paragraphs (a) and (b).
(a) The county agency must use retrospective budgeting to determine the amount of the assistance payment in the first two months of MFIP eligibility:
(1) when an assistance unit applies for assistance for the same month for which assistance has been interrupted, the interruption in eligibility is less than one payment month, the assistance payment for the preceding month was issued in this state, and the assistance payment for the immediately preceding month was determined retrospectively; or
(2) when a person applies in order to be added to an assistance unit, that assistance unit has received assistance in this state for at least the two preceding months, and that person has been living with and has been financially responsible for one or more members of that assistance unit for at least the two preceding months.
(b) Except as provided in clauses (1) to (4), the county agency must use retrospective budgeting and apply income received in the budget month by an assistance unit and by a financially responsible household member who is not included in the assistance unit against the MFIP standard of need or family wage level to determine the assistance payment to be issued for the payment month.
(1) When a source of income ends prior to the third payment month, that income is not considered in calculating the assistance payment for that month. When a source of income ends prior to the fourth payment month, that income is not considered when determining the assistance payment for that month.
(2) When a member of an assistance unit or a financially responsible household member leaves the household of the assistance unit, the income of that departed household member is not budgeted retrospectively for any full payment month in which that household member does not live with that household and is not included in the assistance unit.
(3) When an individual is removed from an assistance unit because the individual is no longer a minor child, the income of that individual is not budgeted retrospectively for payment months in which that individual is not a member of the assistance unit, except that income of an ineligible child in the household must continue to be budgeted retrospectively against the child's needs when the parent or parents of that child request allocation of their income against any unmet needs of that ineligible child.
(4) When a person ceases to have financial responsibility for one or more members of an assistance unit, the income of that person is not budgeted retrospectively for the payment months which follow the month in which financial responsibility ends.
Subd. 4.
Significant change in gross income.
The county agency must recalculate the assistance payment when an assistance unit experiences a significant change, as defined in section 256J.08, resulting in a reduction in the gross income received in the payment month from the gross income received in the budget month. The county agency must issue a supplemental assistance payment based on the county agency's best estimate of the assistance unit's income and circumstances for the payment month. Supplemental assistance payments that result from significant changes are limited to two in a 12-month period regardless of the reason for the change. Notwithstanding any other statute or rule of law, supplementary assistance payments shall not be made when the significant change in income is the result of receipt of a lump sum, receipt of an extra paycheck, business fluctuation in self-employment income, or an assistance unit member's participation in a strike or other labor action.
256J.37 TREATMENT OF INCOME AND LUMP SUMS.
Subd. 10.
Treatment of lump sums.
(a) The agency must treat lump-sum payments as earned or unearned income. If the lump-sum payment is included in the category of income identified in subdivision 9, it must be treated as unearned income. A lump sum is counted as income in the month received and budgeted either prospectively or retrospectively depending on the budget cycle at the time of receipt. When an individual receives a lump-sum payment, that lump sum must be combined with all other earned and unearned income received in the same budget month, and it must be applied according to paragraphs (a) to (c). A lump sum may not be carried over into subsequent months. Any funds that remain in the third month after the month of receipt are counted in the asset limit.
(b) For a lump sum received by an applicant during the first two months, prospective budgeting is used to determine the payment and the lump sum must be combined with other earned or unearned income received and budgeted in that prospective month.
(c) For a lump sum received by a participant after the first two months of MFIP eligibility, the lump sum must be combined with other income received in that budget month, and the combined amount must be applied retrospectively against the applicable payment month.
(d) When a lump sum, combined with other income under paragraphs (b) and (c), is less than the MFIP transitional standard for the appropriate payment month, the assistance payment must be reduced according to the amount of the countable income. When the countable income is greater than the MFIP standard or family wage level, the assistance payment must be suspended for the payment month.