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HF 2914

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/15/2022 12:09pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; allowing the commissioner of human services to
reinstate waivers and modifications to certain human services programs; allowing
out-of-state health care professionals to temporarily provide services in Minnesota
under out-of-state credentials.

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

Section 1. new text beginREINSTATEMENT AND EXTENSION OF COVID-19 PROGRAM
WAIVERS AND MODIFICATIONS.
new text end

new text begin The commissioner of human services may reinstate waivers and modifications to human
services programs as described in this section that were issued by the commissioner pursuant
to the governor's Executive Order 20-12, including any amendments to the waivers and
modifications. The waivers and modifications may remain in effect until June 30, 2022,
except CV03 and CV04 may remain in effect until June 30, 2023, or until the expiration of
the United States Department of Agriculture's waiver allowing verbal signatures for the
Supplemental Nutrition Assistance Program, whichever is later. The following waivers and
modifications to human services programs may be reinstated:
new text end

new text begin (1) CV03: allowing oral or written signatures by applicants on applications for public
assistance programs;
new text end

new text begin (2) CV04: allowing oral or written permission from public assistance program participants
for the Department of Human Services to contact third parties to verify reported information;
new text end

new text begin (3) CV11: allowing video conferencing in monthly foster care visits by a child's
caseworker when: (i) there is a declaration of a federal or state emergency that prohibits or
strongly discourages person-to-person contact for public health reasons; and (ii) there is a
person in the foster care household with a confirmed or suspected case of COVID-19. For
purposes of this clause, "suspected case of COVID-19" means a person who is exhibiting
the signs and symptoms of COVID-19 and has either been tested for COVID-19 and is
waiting for test results or has not been tested for COVID-19;
new text end

new text begin (4) CV23: waiving mandatory direct contact supervision requirements to allow
case-by-case decisions to permit certain individuals to work without supervision while that
individual's background studies are being processed, as permitted under federal law and
regulation, and allowing the transition from name and date of birth studies of Minnesota
records only, for both existing studies and studies that may be initiated during the transition
period, to fingerprint-based background studies to resume on a schedule established by the
commissioner and published on the department's website. Waiver provisions permitting the
return to background studies of Minnesota records only for providers who are currently
transitioned to fingerprint-based studies shall not be reinstated;
new text end

new text begin (5) CV53: allowing qualified professionals to provide required in-person oversight of
personal care assistance workers via two-way interactive telecommunications for all program
participants who receive personal care assistance services; and
new text end

new text begin (6) CV89: allowing program participants to give oral, written, or expressed approval of
documents related to long-term services and supports that typically require in-person
signatures.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment except
for clauses (5) and (6), which are effective retroactively from September 1, 2021.
new text end

Sec. 2. new text beginREINSTATEMENT AND EXTENSION OF COVID-19 PROGRAM
WAIVERS AND MODIFICATIONS TO THE CHILD CARE ASSISTANCE
PROGRAM.
new text end

new text begin (a) The commissioner of human services may reinstate waivers and modifications to the
child care assistance program as described in this section. The waivers and modifications
shall remain in effect until June 26, 2022. Waiver CV08, allowing a child care assistance
program (CCAP) agency to pay child care assistance to a child care provider, may be
reinstated when:
new text end

new text begin (1) children are not attending child care because the child care provider has temporarily
closed an entire program due to health concerns related to COVID-19; or
new text end

new text begin (2) a provider chooses not to charge or reduces fees for privately paying families because
of closed or absent days due to health concerns related to COVID-19.
new text end

new text begin (b) Child care assistance payments during closures related to COVID-19 are limited to
up to eight weeks total per child care provider. A child care provider must report any closure
to the Department of Human Services child care assistance program staff prior to submitting
child care assistance bills for closed dates to a CCAP agency for payment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from November 1, 2021.
new text end

Sec. 3. new text beginTEMPORARY MODIFICATIONS OF CHILD CARE CENTER STAFF;
DISTRIBUTION REQUIREMENTS.
new text end

new text begin (a) The commissioner of human services may temporarily suspend child care center
staff distribution requirements under Minnesota Rules, part 9503.0040, subpart 2, item D,
until June 30, 2022.
new text end

new text begin (b) A licensed child care center, except as allowed under Minnesota Rules, part
9503.0040, subpart 2, item B, must have at least one person qualified as a teacher on site
at all times when a child is in care at the licensed child care center. There must be a staff
person who is at least 18 years of age with each group of children, except as allowed under
Minnesota Rules, part 9503.0034, subpart 1.
new text end

new text begin (c) A licensed child care center must have a staff person on site who is responsible for
overseeing the operation of the daily activities of the program, ensuring the health and safety
of the children, and supervising staff. The on-site staff person is not required to meet the
qualifications of a director.
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. 4. new text beginCOMMISSIONER OF HUMAN SERVICES; TEMPORARY STAFFING
POOL; APPROPRIATION.
new text end

new text begin (a) The commissioner of human services shall establish a temporary emergency staffing
pool for congregate settings experiencing staffing crises. Vendor contracts may include
retention bonuses, sign-on bonuses, and payment for hours on call. The commissioner may
pay for necessary training, travel, and lodging expenses of the temporary staff. Contracts
for temporary staffing executed under this section: (1) should minimize the recruitment
away from providers' current workforces; and (2) may not be executed with an individual
until at least 30 days since the individual was last employed in Minnesota by one of the
types of facilities listed in paragraph (g).
new text end

new text begin (b) Temporary staff, at the request of the commissioner, may be deployed to long-term
care facilities and other congregate care residential facilities and programs experiencing an
emergency staffing crisis on or after the effective date of this section. Temporary staff must
be provided at no cost to the facility or program receiving the temporary staff.
new text end

new text begin (c) Members of the temporary staffing pool under this section are not state employees.
new text end

new text begin (d) The commissioner must coordinate the activities under this section with any other
impacted state agencies, to appropriately prioritize locations to deploy contracted temporary
staff.
new text end

new text begin (e) The commissioner must give priority for deploying staff to facilities and programs
with the most significant staffing crises and where, but for this assistance, residents would
be at significant risk of injury due to the need to transfer to another facility or a hospital for
adequately staffed care.
new text end

new text begin (f) A facility or program may seek onetime assistance per setting from the temporary
staffing pool only after the facility or program has used all resources available to obtain
temporary staff but is unable to meet the facility's or program's temporary staffing needs.
A facility or program may apply for temporary staff for up to 21 days. Applicants must
submit a proposed plan for ensuring resident safety at the end of that time period.
new text end

new text begin (g) Facilities and programs eligible to obtain temporary staff from the temporary staffing
pool include:
new text end

new text begin (1) nursing facilities;
new text end

new text begin (2) assisted living facilities;
new text end

new text begin (3) intermediate care facilities for persons with developmental disabilities;
new text end

new text begin (4) adult foster care or community residential settings;
new text end

new text begin (5) licensed substance use disorder treatment facilities;
new text end

new text begin (6) unlicensed county-based substance use disorder treatment facilities;
new text end

new text begin (7) licensed facilities for adults with mental illness;
new text end

new text begin (8) licensed detoxification programs;
new text end

new text begin (9) licensed withdrawal management programs;
new text end

new text begin (10) licensed children's residential facilities;
new text end

new text begin (11) licensed child foster residence settings;
new text end

new text begin (12) unlicensed, Tribal-certified facilities that perform functions similar to the licensed
facilities listed in this paragraph;
new text end

new text begin (13) boarding care homes;
new text end

new text begin (14) board and lodging establishments serving people with disabilities or disabling
conditions;
new text end

new text begin (15) board and lodging establishments with special services;
new text end

new text begin (16) supervised living facilities;
new text end

new text begin (17) supportive housing;
new text end

new text begin (18) sober homes;
new text end

new text begin (19) community-based halfway houses for people exiting the correctional system;
new text end

new text begin (20) shelters serving people experiencing homelessness;
new text end

new text begin (21) drop-in centers for people experiencing homelessness;
new text end

new text begin (22) homeless outreach services for unsheltered individuals;
new text end

new text begin (23) shelters for people experiencing domestic violence; and
new text end

new text begin (24) temporary isolation spaces for people who test positive for COVID-19.
new text end

new text begin (h) Notwithstanding any other law to the contrary, the commissioner may allocate funding
to maintain, extend, or renew contracts for temporary staffing entered into on or after
September 1, 2020. The commissioner may also allocate funding to enter into new contracts
with eligible entities and may allocate funding for the costs needed for temporary staff
deployed in the temporary staffing pool. The commissioner may use up to 6.5 percent of
this funding for the commissioner's costs related to administration of this program.
new text end

new text begin (i) The commissioner shall seek all allowable FEMA reimbursement for the costs of this
activity.
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. 5. new text beginCOMMISSIONER OF HEALTH; TEMPORARY EMERGENCY
AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Temporary emergency authority granted. new text end

new text begin The commissioner of health
is granted temporary emergency authority as described in and limited by this section. The
temporary emergency authority granted to the commissioner may only be used to grant
individual or blanket state waivers.
new text end

new text begin Subd. 2. new text end

new text begin Individual or blanket waivers permitted. new text end

new text begin The commissioner may grant
temporary individual or blanket waivers of requirements in the following statutes and rules
if none of the waivers adversely affect resident or patient care or quality of the services:
new text end

new text begin (1) Minnesota Statutes, chapter 144, for hospitals relating to hospital construction
moratorium or bed capacity restrictions, except that the commissioner must not grant an
individual or blanket waiver that will result in construction or other physical alteration of
a hospital that cannot be removed at the expiration of the waiver;
new text end

new text begin (2) Minnesota Statutes, chapters 144 and 144A, and Minnesota Rules, chapter 4658, for
nursing homes relating to bed moratorium, bed capacity, or layaway and nonlayaway beds,
including notice requirements for transfers and discharges;
new text end

new text begin (3) Minnesota Statutes, chapters 144 and 144A, and Minnesota Rules, chapters 4640
and 4658, for hospitals and nursing homes relating to licensing fees. On the waiver
application form, the hospital or nursing home seeking a waiver must attest that the fee
waiver is needed due to hardship; and
new text end

new text begin (4) Minnesota Statutes, chapter 149A, for funeral establishments or morticians to allow
flexible time periods for holding decedents awaiting final disposition and establishing
unlicensed staffing standards.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin (a) No later than 48 hours after an individual waiver or blanket waiver
under this section goes into effect, the commissioner must provide written notice of the
waiver to the appropriate ombudsman, if any, and to the chairs and ranking minority members
of the legislative committees with jurisdiction over the Department of Health.
new text end

new text begin (b) A waiver issued or granted under this section must be posted on the Department of
Health website within 48 hours after being issued or granted and must include a
plain-language description of the waiver.
new text end

new text begin Subd. 4. new text end

new text begin Expiration of waivers. new text end

new text begin Any waiver granted by this section expires on June 30,
2022. This subdivision does not apply to nursing home transfer and discharge waivers if
necessary federal approval is not obtained prior to June 30, 2022.
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. 6. new text beginTEMPORARY PRACTICE BY HEALTH CARE PROFESSIONALS FROM
OTHER STATES AND TERRITORIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision apply to this section.
new text end

new text begin (b) "Credential" means a license, permit, certificate, or registration.
new text end

new text begin (c) "Health care employer" means a health care system, hospital, clinic, long-term care
facility, or other health care entity that provides health care services to patients or residents.
new text end

new text begin (d) "Out-of-state health care professional" or "out-of-state professional" means an
individual who holds an active, unrestricted credential issued by another state or territory
that authorizes the individual to provide health care services that are substantially the same
as the services within the scope of practice of a health-related occupation licensed by the
Board of Medical Practice or Board of Nursing.
new text end

new text begin (e) "Telehealth" has the meaning given in Minnesota Statutes, section 62A.673,
subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Practice in Minnesota by out-of-state health care professionals. new text end

new text begin (a)
Notwithstanding any law to the contrary, an out-of-state health care professional is authorized
to provide health care services in Minnesota within the scope of the credential held by the
out-of-state professional without being issued a license by the Board of Medical Practice
or Board of Nursing if the requirements of this section are met.
new text end

new text begin (b) Before providing health care services in Minnesota, an out-of-state health care
professional must be hired by or enter into a contract with a health care employer in
Minnesota or be hired by or under contract with another entity to provide health care services
to a health care employer. Before an out-of-state health care professional begins providing
health care services for a health care employer, the health care employer must verify that
the out-of-state professional holds an active, unrestricted, relevant credential to practice
issued by another state or territory that demonstrates the out-of-state professional has the
qualifications to provide the health care services to be provided in Minnesota.
new text end

new text begin (c) An out-of-state health care professional providing health care services under this
section must only provide health care services to patients or residents in person and must
not provide health care services via telehealth.
new text end

new text begin (d) A health care employer that assigns an out-of-state health care professional under
this section to a specific position must not lay off a Minnesota-licensed health care
professional from that position who is appropriately licensed, qualified, and willing to work
in that position.
new text end

new text begin (e) A health care employer for which an out-of-state health care professional provides
health care services must notify the out-of-state professional that the out-of-state professional
is under the jurisdiction of the Board of Medical Practice or Board of Nursing, as applicable,
when providing health care services in Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Report from health care employer. new text end

new text begin (a) A health care employer for which an
out-of-state health care professional provides health care services under this section must
submit a report to the commissioner of health that includes:
new text end

new text begin (1) the number of out-of-state professionals providing health care services for the health
care employer, specifying position type and license type; and
new text end

new text begin (2) for each out-of-state professional, the date on which the out-of-state professional
began providing health care services for the health care employer and the date on which the
out-of-state professional's work with the health care employer will end, if known.
new text end

new text begin (b) A health care employer must submit a report under this subdivision no later than 30
days after the out-of-state professional began providing services for the health care employer
and must submit updated reports to include any additional out-of-state professionals that
begin providing services for the employer.
new text end

new text begin Subd. 4. new text end

new text begin Credential from another state. new text end

new text begin The credential held by an out-of-state health
care professional providing services under this section has the same force and effect as if
issued in Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin Authority of Board of Medical Practice or Board of Nursing. new text end

new text begin An out-of-state
health care professional providing services under this section who would otherwise be
required to obtain a license from the Board of Medical Practice to provide those services
must submit to the jurisdiction of the Board of Medical Practice. An out-of-state health care
professional providing services under this section who would otherwise be required to obtain
a license from the Board of Nursing to provide those services must submit to the jurisdiction
of the Board of Nursing. The Board of Medical Practice or Board of Nursing may limit or
revoke the authorization under this section to provide services for any out-of-state health
care professional under that board's jurisdiction. Upon a revocation of authorization, the
out-of-state health care professional must immediately cease providing health care services
in Minnesota.
new text end

new text begin Subd. 6. new text end

new text begin Minnesota licensure. new text end

new text begin After this section expires, an out-of-state health care
professional who wishes to provide health care services in Minnesota must obtain an
applicable license from the Board of Medical Practice or Board of Nursing as otherwise
required by Minnesota law and must apply for work with a health care employer in Minnesota
as a new applicant.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin Subdivisions 2 to 5 expire 60 days following final enactment.
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