as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 04:13pm
A bill for an act
relating to health; appropriating money for the Department of Health, health-related
boards, Council on Disability, ombudsman for mental health and disabilities,
ombudsperson for families, ombudsperson for American Indian families, Office
of the Foster Youth Ombudsperson, MNsure, Rare Disease Advisory Council, and
the Department of Revenue; establishing the Health Care Spending Growth Target
Commission and Health Care Spending Technical Advisory Council; identifying
ways to reduce spending by health care organizations and group purchasers and
low-value care; assessing alternative payment methods in rural health care;
assessing feasibility for a health provider directory; requiring compliance with the
No Surprises Act in billing; modifying prescription drug price provisions and
continuity of care provisions; compiling health encounter data; establishing certain
advisory councils, committees, and grant programs; modifying lead testing in
schools and remediation requirements; modifying lead service line requirements;
requiring lead testing in drinking water in child care settings; establishing Minnesota
One Health Microbial Stewardship Collaborative, a comprehensive drug overdose
and morbidity program, a Sentinel Event Review Committee, law
enforcement-involved deadly force encounters advisory committee, and cultural
communications program; setting certain fees; providing for clinical health care
training; establishing a climate resiliency program; changing assisted living
provisions; establishing a program to monitor long COVID, a 988 suicide crisis
lifeline, school-based health centers, Healthy Beginnings, Healthy Families Act,
and Comprehensive and Collaborative Resource and Referral System for Children;
funding for community health boards; developing COVID-19 pandemic delayed
preventive care; changing certain health board fees; establishing easy enrollment
health insurance outreach program; setting certain fees; requiring reports; amending
Minnesota Statutes 2022, sections 12A.08, subdivision 3; 62J.84, subdivisions 2,
3, 4, 6, 7, 8, 9, by adding subdivisions; 62K.15; 62Q.01, by adding a subdivision;
62Q.021, by adding a subdivision; 62Q.55, subdivision 5; 62Q.556; 62Q.56,
subdivision 2; 62Q.73, subdivisions 1, 7; 62U.04, subdivisions 4, 5, 6; 121A.335,
subdivisions 3, 5, by adding a subdivision; 144.122; 144.1505; 144.226,
subdivisions 3, 4; 144.383; 144G.16, subdivision 7; 144G.18; 144G.57, subdivision
8; 145.925; 145A.131, subdivisions 1, 5; 145A.14, by adding a subdivision;
148B.392, subdivision 2; 151.065, subdivisions 1, 2, 3, 4, 6; 270B.14, by adding
a subdivision; 403.161; 403.162; Laws 2022, chapter 99, article 1, section 46;
article 3, section 9; proposing coding for new law in Minnesota Statutes, chapters
62J; 62V; 115; 144; 145; 148; 290; repealing Minnesota Statutes 2022, sections
62J.84, subdivision 5; 62U.10, subdivisions 6, 7, 8; 145.4235; 145.4241; 145.4242;
145.4243; 145.4244; 145.4245; 145.4246; 145.4247; 145.4248; 145.4249; 145.925,
subdivisions 1a, 3, 4, 7, 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text beginHEALTH APPROPRIATIONS.
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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.
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APPROPRIATIONS new text end |
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Available for the Year new text end |
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Ending June 30 new text end |
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2024 new text end |
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2025 new text end |
Sec. 2. new text beginCOMMISSIONER OF HEALTH
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new text begin Subdivision 1. new text end
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Total Appropriation
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$ new text end |
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457,377,000 new text end |
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$ new text end |
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454,644,000 new text end |
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Appropriations by Fund new text end |
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2024 new text end |
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2025 new text end |
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General new text end |
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310,084,000 new text end |
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300,108,000 new text end |
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State Government Special Revenue new text end |
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83,373,000 new text end |
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85,902,000 new text end |
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Health Care Access new text end |
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52,207,000 new text end |
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56,921,000 new text end |
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Federal TANF new text end |
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11,713,000 new text end |
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11,713,000 new text end |
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The amounts that may be spent for each
purpose are specified in the following
subdivisions.
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new text begin Subd. 2. new text end
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Health Improvement
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Appropriations by Fund new text end |
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General new text end |
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240,491,000 new text end |
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230,169,000 new text end |
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State Government Special Revenue new text end |
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12,392,000 new text end |
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12,682,000 new text end |
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Health Care Access new text end |
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52,207,000 new text end |
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56,921,000 new text end |
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Federal TANF new text end |
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11,713,000 new text end |
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11,713,000 new text end |
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(a) Base Level Adjustments. The general
fund base is $218,487,000 in fiscal year 2026
and $218,257,000 in fiscal year 2027. The
health care access fund base is $56,976,000
in fiscal year 2026 and $56,375,000 in fiscal
year 2027.
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(b) Telehealth; Payment Parity. Of the
amount appropriated in Laws 2021, First
Special Session chapter 7, article 16, section
3, subdivision 2, $1,200,000 from the general
fund in fiscal year 2023 is for the studies of
telehealth expansion and payment parity and
is available for use until June 30, 2024.
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(c) Address Growing Health Care Costs.
$2,110,000 in fiscal year 2024 and $3,150,000
in fiscal year 2025 are from the general fund
to address health care spending growth under
Minnesota Statutes, section 62J.0411.
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(d) Adolescent Mental Health Promotion.
$2,790,000 in fiscal year 2024 and $2,790,000
in fiscal year 2025 are from the general fund
for adolescent mental health promotion under
Minnesota Statutes, section 145.57. Of the
total appropriation each year, $2,250,000 is
for grants and $540,000 is for administration.
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(e) Advancing Equity Through Capacity
Building and Resource Allocation.
$1,486,000 in fiscal year 2024 and $1,486,000
in fiscal year 2025 are from the general fund
to advance equity in procurement and
grantmaking under Minnesota Statutes, section
144.9821. Of the total appropriation each year,
$500,000 is for grants and $1,382,000 is for
administration. The base for this appropriation
is $1,510,000 in fiscal year 2026 and
$1,510,000 in fiscal year 2027. Of the total
appropriated in fiscal year 2026 and fiscal year
2027, $500,000 is for grants and $1,010,000
is for administration.
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(f) Advancing Equity through Community
Engagement and Systems Transformation.
$1,602,000 in fiscal year 2024 and $1,602,000
in fiscal year 2025 are from the general fund
to advance equitable and inclusive community
engagement under Minnesota Statutes, section
144.9282. Of the total appropriation each year
in fiscal year 2024 and fiscal year 2025,
$930,000 is for grants and $672,000 is for
administration. The base for this appropriation
is $1,930,000 in fiscal year 2026 and
$1,930,000 in fiscal year 2027. Of this total
appropriation in fiscal year 2026 and fiscal
year 2027, $1,000,000 is for grants and
$930,000 is for administration.
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(g) Community Health Workers. $971,000
in fiscal year 2024 and $971,000 in fiscal year
2025 are to expand and strengthen the
community health workforce across Minnesota
under Minnesota Statutes, section 144.1462.
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(h) Community Mental Well-being.
$2,350,000 in fiscal year 2024 and $2,350,000
in fiscal year 2025 are from the general fund
for mental health resources and
post-COVID-19 recovery and healing for
communities that have been disproportionately
impacted by COVID-19 under Minnesota
Statutes, section 145.361. Of the total
appropriated each year, $1,680,000 is for
grants and $670,000 is for administration. This
is a onetime appropriation.
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(i) Community Solutions for Healthy Child
Development Grants. $4,980,000 in fiscal
year 2024 and $5,055,000 in fiscal year 2025
are from the general fund to improve child
development outcomes and well-being of
children of color and American Indian children
and their families, under Minnesota Statutes,
section 145.9257. Of the total appropriation
in fiscal year 2024, $4,000,000 is for grants
and $980,000 is for administration and in
fiscal year 2025, $4,000,000 is for grants and
$1,055,000 is for administration.
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(j) Comprehensive Overdose and Morbidity
Prevention Act. $11,428,000 in fiscal year
2024 and $10,770,000 in fiscal year 2025 are
from the general fund for comprehensive
overdose and morbidity prevention strategies
under Minnesota Statutes, section 144.0526.
Of the total appropriation in fiscal year 2024,
$7,580,000 is for grants and $3,848,000 is for
administration and in fiscal year 2025,
$7,580,000 is for grants and $3,190,000 is for
administration. The base for this appropriation
is $9,708,000 in fiscal year 2026 and
$9,708,000 in fiscal year 2027. Of the total
base appropriation in fiscal year 2026 and
fiscal year 2027, $7,480,000 is for grants and
$2,228,000 is for administration.
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(k) COVID-19 Pandemic Delayed
Preventive Care. $7,500,000 in fiscal year
2024 and $7,500,000 in fiscal year 2025 are
from the general fund to support
community-based organizations and health
care to increase access to preventive and
chronic disease management services for
communities disproportionately impacted by
COVID-19. Of the total appropriation each
year, $6,100,000 is for grants and $1,400,000
is for administration. This is a onetime
appropriation.
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(l) Emergency Preparedness and Response.
$16,825,000 in fiscal year 2024 and
$16,662,000 in fiscal year 2025 are from the
general fund for public health emergency
preparedness and response, the sustainability
of the strategic stockpile, and COVID-19
pandemic response transition. Of this total
appropriation in fiscal year 2024, $8,400,000
is for grants and $8,425,000 is for
administration and in fiscal year 2025,
$8,400,000 is for grants and $8,262,000 is for
administration. The general fund base for this
appropriation is $15,141,000 in fiscal year
2026 and $15,141,000 in fiscal year 2027. Of
the total general fund base appropriated in
fiscal year 2026 and fiscal year 2027 under
this paragraph, $8,400,000 is for grants and
$6,741,000 is for administration.
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(m) Healthy Beginnings, Healthy Families.
$12,052,000 in fiscal year 2024 and
$11,853,000 in fiscal year 2025 are from the
general fund for a comprehensive approach to
ensure healthy outcomes for children and
families under Minnesota Statutes, section
145.9571. Of the total appropriation in fiscal
year 2024, $8,750,000 is for grants and
$3,302,000 is for administration and in fiscal
year 2025, $8,750,000 is for grants and
$3,103,000 is for administration. The general
fund base for this appropriation is $11,798,000
in fiscal year 2026 and $11,798,000 in fiscal
year 2027. Of the total general fund base
appropriation in fiscal year 2024 and in fiscal
year 2025, $8,750,000 is for grants and
$3,048,000 is for administration.
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(n) Help Me Connect. $463,000 in fiscal year
2024 and $921,000 in fiscal year 2025 are
from the general fund for the Help Me
Connect program under Minnesota Statutes,
section 145.988.
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(o) Home Visiting. $12,500,000 in fiscal year
2024 and $12,500,000 in fiscal year 2025 are
from the general fund to start up or expand
home visiting programs for priority
populations under Minnesota Statutes, section
145.87. Of the total appropriation,
$11,250,000 each year is for grants and
$1,250,000 is for administration.
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(p) Improving the Health and Well-being
of People with Disabilities. $1,278,000 in
fiscal year 2024 and $1,278,000 in fiscal year
2025 are from the general fund to improve the
health and well-being of people with
disabilities under Minnesota Statutes, section
144.0753. Of the total appropriation in fiscal
year 2024 and in fiscal year 2025, $500,000
is for grants and $778,000 is for
administration. The general fund base for this
appropriation is $1,434,000 in fiscal year 2026
and $1,434,000 in fiscal year 2027. Of the
total base appropriation in fiscal year 2024
and in fiscal year 2025, $335,000 is for grants
and $1,099,000 is for administration.
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(q) No Surprises Act Enforcement.
$1,210,000 in fiscal year 2024 and $1,090,000
in fiscal year 2025 are from the general fund
for implementation of the federal No Surprises
Act portion of the Consolidated
Appropriations Act, 2021, under Minnesota
Statutes, section 62Q.021, and assessment of
feasibility of a statewide provider directory.
The general fund base for this appropriation
is $855,000 in fiscal year 2026 and $855,000
in fiscal year 2027.
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(r) African American Health. $2,182,000 in
fiscal year 2024 and $2,182,000 in fiscal year
2025 are from the general fund to establish an
Office of African American Health at the
Minnesota Department of Health under
Minnesota Statutes, section 144.0756. Of the
total appropriation in fiscal year 2024 and in
fiscal year 2025, $1,000,000 each year is for
grants and $1,182,000 is for administration.
The general fund base for this appropriation
is $2,182,00 in fiscal year 2026 and
$2,117,000 in fiscal year 2027. Of the total
base appropriation in fiscal year 2026,
$1,000,000 is for grants and $1,182,000 is for
administration and in fiscal year 2027,
$1,000,000 is for grants and $1,117,000 is for
administration.
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(s) American Indian Health. $2,089,000 in
fiscal year 2024 and $2,089,000 in fiscal year
2025 are from the general fund for the Office
of American Indian Health at the Minnesota
Department of Health under Minnesota
Statutes, section 144.0757. Of the total
appropriation each year, $1,000,000 is for
grants and $1,089,000 is for administration.
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(t) Public Health System Transformation.
$17,120,000 in fiscal year 2024 and
$17,120,000 in fiscal year 2025 are from the
general fund for public health system
transformation. Of the total appropriation in
this paragraph:
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(1) $15,000,000 is for grants to community
health boards under Minnesota Statutes,
section 145A.131, subdivision 1, paragraph
(f);
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(2) $750,000 is for grants to Tribal
governments under Minnesota Statutes, section
145A.14, subdivision 2, paragraph (b);
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(3) $500,000 is for a public health AmeriCorps
program grant under Minnesota Statutes,
section 144.0759; and
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(4) $870,000 is for oversight and
administration of activities under this
paragraph.
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(u) Health Care Workforce. $13,350,000 in
fiscal year 2024 and $15,364,000 in fiscal year
2025 are from the health care access fund to
revitalize the Minnesota health care workforce.
The health care access fund base for this
appropriation is $14,819,000 in fiscal year
2026 and $14,818,000 in fiscal year 2027. Of
the amounts appropriated in this paragraph:
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(1) $1,500,000 in fiscal year 2024, $4,050,000
in fiscal year 2025, $5,850,000 in fiscal year
2026, and $5,850,000 in fiscal year 2027 are
for rural training tracks and rural clinicals
grants under Minnesota Statutes, section
144.1508;
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(2) $420,000 in fiscal year 2024, $420,000 in
fiscal year 2025, $420,000 in fiscal year 2026,
and $420,000 in fiscal year 2027 are for
immigrant international medical graduate
training grants under Minnesota Statutes,
section 144.1911;
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(3) $7,500,000 in fiscal year 2024, $6,689,000
in fiscal year 2025, $5,752,000 in fiscal year
2026, and $5,854,000 in fiscal year 2027 are
for site-based clinical training grants under
Minnesota Statutes, section 144.1505;
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(4) $1,000,000 in fiscal year 2024, $1,000,000
in fiscal year 2025, $0 in fiscal year 2026, and
$0 in fiscal year 2027 are for mental health
for health care professional grants. Amounts
in this paragraph are available until June 30,
2027;
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(5) $920,000 in fiscal year 2024, $920,000 in
fiscal year 2025, $920,000 in fiscal year 2026,
and $920,000 in fiscal year 2027 are for
primary care employee recruitment education
loan forgiveness under Minnesota Statutes,
section 144.1504;
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(6) 1,508,000 in fiscal year 2024, $1,783,000
in fiscal year 2025, $1,375,000 in fiscal year
2026, and $1,272,000 in fiscal year 2027 are
for administration of grants and loan
forgiveness in this section; and
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(7) $502,000 in fiscal year 2024, $502,000 in
fiscal year 2025, $502,000 in fiscal year 2026,
and $502,000 in fiscal year 2027 are for
workforce research and data on shortages,
maldistribution of health care providers in
Minnesota, and determinants of practicing in
rural areas.
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(v) School Health. $1,432,000 in fiscal year
2024 and $1,932,000 in fiscal year 2025 are
from the general fund for school-based health
centers under Minnesota Statutes, section
145.903. Of the total appropriation in fiscal
year 2024 and in fiscal year 2025, $800,000
is for grants and $632,000 is for
administration. The general fund base for this
appropriation is $2,983,000 in fiscal year 2026
and $2,983,000 in fiscal year 2027. Of the
total base appropriation in fiscal year 2026
and in fiscal year 2027, $2,300,000 is for
grants and $683,000 is for administration.
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(w) Sentinel Event Reviews for
Police-involved Deadly Encounters.
$561,000 in fiscal year 2024 and $561,000 in
fiscal year 2025 are from the general fund to
establish a Sentinel Event Review Committee
under Minnesota Statutes, section 144.0551.
Of the total appropriation each year, $50,000
is for grants and $511,000 is for
administration.
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(x) Long COVID. $3,146,000 in fiscal year
2024 and $3,146,000 in fiscal year 2025 are
from the general fund to address long COVID
and post-COVID conditions under Minnesota
Statutes, section 145.361. Of the total
appropriation in fiscal year 2024 and in fiscal
year 2025, $900,000 is for grants and
$2,246,000 is for administration.
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(y) Telehealth in Libraries. $911,000 in
fiscal year 2024 and $911,000 in fiscal year
2025 are appropriated from the general fund
for a telehealth in libraries pilot program. Of
the total appropriation in fiscal year 2024 and
2025, $750,000 is for grants and $161,000 is
for administration. The general fund base for
this appropriation is $131,000 for
administration in fiscal year 2026 and $0 in
fiscal year 2027. Appropriations in this
paragraph are available until June 30, 2027.
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(z) TANF Appropriations. (1) TANF funds
must be used as follows:
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(i) $3,579,000 in fiscal year 2024 and
$3,579,000 in fiscal year 2025 are from the
TANF fund for home visiting and nutritional
services listed under Minnesota Statutes,
section 145.882, subdivision 7, clauses (6) and
(7). Funds must be distributed to community
health boards according to Minnesota Statutes,
section 145A.131, subdivision 1;
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(ii) $2,000,000 in fiscal year 2024 and
$2,000,000 in fiscal year 2025 are from the
TANF fund for decreasing racial and ethnic
disparities in infant mortality rates under
Minnesota Statutes, section 145.928,
subdivision 7;
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(iii) $4,978,000 in fiscal year 2024 and
$4,978,000 in fiscal year 2025 are from the
TANF fund for the family home visiting grant
program under Minnesota Statutes, section
145A.17. $4,000,000 of the funding in each
fiscal year must be distributed to community
health boards under Minnesota Statutes,
section 145A.131, subdivision 1. $978,000 of
the funding in each fiscal year must be
distributed to Tribal governments under
Minnesota Statutes, section 145A.14,
subdivision 2a;
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(iv) $1,156,000 in fiscal year 2024 and
$1,156,000 in fiscal year 2025 are from the
TANF fund for family planning grants under
Minnesota Statutes, section 145.925; and
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(v) the commissioner may use up to 6.23
percent of the funds appropriated from the
TANF fund each fiscal year to conduct the
ongoing evaluations required under Minnesota
Statutes, section 145A.17, subdivision 7, and
training and technical assistance as required
under Minnesota Statutes, section 145A.17,
subdivisions 4 and 5.
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(2) TANF Carryforward. Any unexpended
balance of the TANF appropriation in the first
year does not cancel but is available in the
second year.
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new text begin Subd. 3. new text end
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Health Protection
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Appropriations by Fund new text end |
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General new text end |
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51,101,000 new text end |
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51,534,000 new text end |
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State Government Special Revenue new text end |
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70,981,000 new text end |
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73,220,000 new text end |
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(a) Base Level Adjustments. The general
fund base is $36,773,000 in fiscal year 2026
and $36,669,000 in fiscal year 2027.
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(b) Climate Resiliency. $8,924,000 in fiscal
year 2024 and $8,924,000 in fiscal year 2025
are from the general fund for climate resiliency
actions under Minnesota Statutes, section
144.9981. Of the fiscal year 2024 and 2025
appropriations, $1,424,000 is for
administration and $7,500,000 is for grants.
The general fund base for this appropriation
is $2,292,000 in fiscal year 2026 and
$2,292,000 in fiscal year 2027, of which
$1,292,000 is for administration and
$1,000,000 is for grants.
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(c) Homeless Mortality Study. $134,000 in
fiscal year 2024 and $149,000 in fiscal year
2025 are from the general fund for a homeless
mortality study. The general fund base for this
appropriation is $104,000 in fiscal year 2026
and $0 in fiscal year 2027.
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(d) Lead Remediation in Schools and Child
Care Settings. $500,000 in fiscal year 2024
and $500,000 in fiscal year 2025 are from the
general fund to reduce lead in drinking water
in schools and child care facilities under
Minnesota Statutes, section 145.9272. Of the
total appropriation in fiscal year 2024,
$146,000 is for grants and $354,000 is for
administration and in fiscal year 2025,
$239,000 is for grants and $261,000 is for
administration.
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(e) Lead Service Line Inventory. $3,000,000
in fiscal year 2024 and $3,000,000 in fiscal
year 2025 are from the general fund for lead
service line inventories under Minnesota
Statutes, section 144.383. Of the total
appropriation in fiscal year 2024 and in fiscal
year 2025, $2,678,000 is for grants and
$322,000 is for administration. This is a
onetime appropriation.
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(f) Antimicrobial Stewardship. $312,000 in
fiscal year 2024 and $312,000 in fiscal year
2025 are from the general fund for the
Minnesota One Health Antibiotic Stewardship
Collaborative under Minnesota Statutes,
section 144.0526.
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(g) Strengthening Public Drinking Water
Systems Infrastructure. $8,155,000 in fiscal
year 2024 and $8,155,000 in fiscal year 2025
are from the general fund to strengthen the
infrastructure and security of public water
systems and their source water protection areas
under Minnesota Statutes, section 144.3832.
Of the total appropriation in fiscal year 2024
and in fiscal year 2025, $2,630,000 is for
administration and $5,525,000 is for grants.
The general fund base for this appropriation
is $3,323,000 in fiscal year 2026 and
$3,323,000 in fiscal year 2027. Of the total
base appropriation in fiscal year 2026 and in
fiscal year 2027, $1,348,000 is for
administration and $1,975,000 is for grants.
new text end
new text begin Subd. 4. new text end
new text begin
Health Operations
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Appropriations by Fund new text end |
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General new text end |
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18,492,000 new text end |
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18,405,000 new text end |
Sec. 3. new text beginHEALTH-RELATED BOARDS
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new text begin Subdivision 1. new text end
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Total Appropriation
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new text begin
$ new text end |
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30,824,000 new text end |
new text begin
$ new text end |
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31,572,000 new text end |
new text begin
Appropriations by Fund new text end |
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new text begin
State Government Special Revenue new text end |
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30,748,000 new text end |
new text begin
31,534,000 new text end |
new text begin
Health Care Access new text end |
new text begin
76,000 new text end |
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38,000 new text end |
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This appropriation is from the state
government special revenue fund unless
specified otherwise. The amounts that may be
spent for each purpose are specified in the
following subdivisions.
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new text begin Subd. 2. new text end
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Board of Behavioral Health and
|
new text begin
1,022,000 new text end |
new text begin
1,044,000 new text end |
new text begin Subd. 3. new text end
new text begin
Board of Chiropractic Examiners
|
new text begin
773,000 new text end |
new text begin
790,000 new text end |
new text begin Subd. 4. new text end
new text begin
Board of Dentistry
|
new text begin
4,100,000 new text end |
new text begin
4,163,000 new text end |
new text begin
(a) Administrative services unit; operating
costs. Of this appropriation, $1,936,000 in
fiscal year 2024 and $1,960,000 in fiscal year
2025 are for operating costs of the
administrative services unit. The
administrative services unit may receive and
expend reimbursements for services it
performs for other agencies.
new text end
new text begin
(b) Administrative services unit; volunteer
health care provider program. Of this
appropriation, $150,000 in fiscal year 2024
and $150,000 in fiscal year 2025 are to pay
for medical professional liability coverage
required under Minnesota Statutes, section
214.40.
new text end
new text begin
(c) Administrative services unit; retirement
costs. Of this appropriation, $237,000 in fiscal
year 2024 and $237,000 in fiscal year 2025
are for the administrative services unit to pay
for the retirement costs of health-related board
employees. This funding may be transferred
to the health board incurring retirement costs.
Any board that has an unexpended balance for
an amount transferred under this paragraph
shall transfer the unexpended amount to the
administrative services unit. If the amount
appropriated in the first year of the biennium
is not sufficient, the amount from the second
year of the biennium is available.
new text end
new text begin
(d) Administrative services unit; contested
cases and other legal proceedings. Of this
appropriation, $200,000 in fiscal year 2024
and $200,000 in fiscal year 2025 are for costs
of contested case hearings and other
unanticipated costs of legal proceedings
involving health-related boards funded under
this section. Upon certification by a
health-related board to the administrative
services unit that costs will be incurred and
that there is insufficient money available to
pay for the costs out of money currently
available to that board, the administrative
services unit is authorized to transfer money
from this appropriation to the board for
payment of those costs with the approval of
the commissioner of management and budget.
The commissioner of management and budget
must require any board that has an unexpended
balance for an amount transferred under this
paragraph to transfer the unexpended amount
to the administrative services unit to be
deposited in the state government special
revenue fund.
new text end
new text begin Subd. 5. new text end
new text begin
Board of Dietetics and Nutrition
|
new text begin
213,000 new text end |
new text begin
217,000 new text end |
new text begin Subd. 6. new text end
new text begin
Board of Executives for Long-term
|
new text begin
705,000 new text end |
new text begin
736,000 new text end |
new text begin Subd. 7. new text end
new text begin
Board of Marriage and Family Therapy
|
new text begin
443,000 new text end |
new text begin
456,000 new text end |
new text begin Subd. 8. new text end
new text begin
Board of Medical Practice
|
new text begin
5,779,000 new text end |
new text begin
5,971,000 new text end |
new text begin Subd. 9. new text end
new text begin
Board of Nursing
|
new text begin
6,039,000 new text end |
new text begin
6,275,000 new text end |
new text begin Subd. 10. new text end
new text begin
Board of Occupational Therapy
|
new text begin
468,000 new text end |
new text begin
480,000 new text end |
new text begin Subd. 11. new text end
new text begin
Board of Optometry
|
new text begin
270,000 new text end |
new text begin
280,000 new text end |
new text begin Subd. 12. new text end
new text begin
Board of Pharmacy
|
new text begin
Appropriations by Fund new text end |
||
new text begin
State Government Special Revenue new text end |
new text begin
5,266,000 new text end |
new text begin
5,206,000 new text end |
new text begin
Health Care Access new text end |
new text begin
76,000 new text end |
new text begin
38,000 new text end |
new text begin
Base level adjustment. The state government
special revenue fund base is $5,056,000 in
fiscal year 2026 and $5,056,000 in fiscal year
2027. The health care access fund base is $0
in fiscal year 2026 and $0 in fiscal year 2027.
new text end
new text begin Subd. 13. new text end
new text begin
Board of Physical Therapy
|
new text begin
678,000 new text end |
new text begin
694,000 new text end |
new text begin Subd. 14. new text end
new text begin
Board of Podiatric Medicine
|
new text begin
253,000 new text end |
new text begin
257,000 new text end |
new text begin Subd. 15. new text end
new text begin
Board of Psychology
|
new text begin
2,618,000 new text end |
new text begin
2,734,000 new text end |
new text begin
Health professionals service program. This
appropriation includes $1,234,000 in fiscal
year 2024 and $1,324,000 in fiscal year 2025
for the health professional services program.
new text end
new text begin Subd. 16. new text end
new text begin
Board of Social Work
|
new text begin
1,779,000 new text end |
new text begin
1,839,000 new text end |
new text begin Subd. 17. new text end
new text begin
Board of Veterinary Medicine
|
new text begin
382,000 new text end |
new text begin
392,000 new text end |
Sec. 4. new text beginEMERGENCY MEDICAL SERVICES
|
new text begin
$ new text end |
new text begin
4,317,000 new text end |
new text begin
$ new text end |
new text begin
4,376,000 new text end |
new text begin
(a) Cooper/Sams Volunteer Ambulance
Program. $950,000 in fiscal year 2024 and
$950,000 in fiscal year 2025 are for the
Cooper/Sams volunteer ambulance program
under Minnesota Statutes, section 144E.40.
new text end
new text begin
(1) Of this amount, $861,000 in fiscal year
2024 and $861,000 in fiscal year 2025 are for
the ambulance service personnel longevity
award and incentive program under Minnesota
Statutes, section 144E.40.
new text end
new text begin
(2) Of this amount, $89,000 in fiscal year 2024
and $89,000 in fiscal year 2025 are for
operations of the ambulance service personnel
longevity award and incentive program under
Minnesota Statutes, section 144E.40.
new text end
new text begin
(b) EMSRB Operations. $2,421,000 in fiscal
year 2024 and $2,480,000 in fiscal year 2025
are for board operations.
new text end
new text begin
(c) Regional Grants for Continuing
Education. $585,000 in fiscal year 2024 and
$585,000 in fiscal year 2025 are for regional
emergency medical services programs to be
distributed equally to the eight emergency
medical service regions under Minnesota
Statutes, section 144E.52.
new text end
new text begin
(d) Ambulance Training Grants. $361,000
in fiscal year 2024 and $361,000 in fiscal year
2025 are for training grants under Minnesota
Statutes, section 144E.35.
new text end
Sec. 5. new text beginCOUNCIL ON DISABILITY
|
new text begin
$ new text end |
new text begin
1,652,000 new text end |
new text begin
$ new text end |
new text begin
2,032,000 new text end |
Sec. 6. new text beginOMBUDSMAN FOR MENTAL
|
new text begin
$ new text end |
new text begin
3,441,000 new text end |
new text begin
$ new text end |
new text begin
3,644,000 new text end |
new text begin
Department of Psychiatry Monitoring.
$100,000 in fiscal year 2024 and $100,000 in
fiscal year 2025 are for monitoring the
Department of Psychiatry at the University of
Minnesota.
new text end
Sec. 7. new text beginOMBUDSPERSON FOR FAMILIES
|
new text begin
$ new text end |
new text begin
759,000 new text end |
new text begin
$ new text end |
new text begin
776,000 new text end |
Sec. 8. new text beginOMBUDSPERSON FOR AMERICAN
|
new text begin
$ new text end |
new text begin
336,000 new text end |
new text begin
$ new text end |
new text begin
340,000 new text end |
Sec. 9. new text beginOFFICE OF THE FOSTER YOUTH
|
new text begin
$ new text end |
new text begin
742,000 new text end |
new text begin
$ new text end |
new text begin
759,000 new text end |
Sec. 10. new text beginMNSURE.
|
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
11,095,000 new text end |
new text begin
14,296,000 new text end |
new text begin
Health Care Access new text end |
new text begin
800,000 new text end |
new text begin
0 new text end |
new text begin
(a) The health care access fund appropriation
is onetime and available until June 30, 2026.
new text end
new text begin
(b) The general fund appropriations must be
transferred to the enterprise account
established under Minnesota Statutes, section
62V.07, for the purpose of establishing a
single end-to-end IT system with seamless,
real-time interoperability between qualified
health plan eligibility and enrollment services.
new text end
new text begin
(c) Base level adjustment. The general fund
base is $3,591,000 in fiscal year 2026 and
$70,000 in fiscal year 2027.
new text end
Sec. 11. new text beginRARE DISEASE ADVISORY
|
new text begin
$ new text end |
new text begin
654,000 new text end |
new text begin
$ new text end |
new text begin
602,000 new text end |
Sec. 12. new text beginREVENUE
|
new text begin
$ new text end |
new text begin
40,000 new text end |
new text begin
$ new text end |
new text begin
4,000 new text end |
new text begin
Easy enrollment. $40,000 in fiscal year 2024
and $4,000 in fiscal year 2025 are appropriated
from the general fund to the commissioner of
revenue for the administrative costs associated
with the easy enrollment program.
new text end
new text begin
Positions, salary money, and nonsalary administrative money may be transferred within
the Department of Health as the commissioner considers necessary with the advance approval
of the commissioner of management and budget. The commissioner shall inform the chairs
and ranking minority members of the legislative committees with jurisdiction over health
finance quarterly about transfers made under this section.
new text end
new text begin
The commissioner of health shall not use indirect cost allocations to pay for the
operational costs of any program for which they are responsible.
new text end
new text begin
All uncodified language contained in this article expires on June 30, 2025, unless a
different expiration date is explicit.
new text end
Minnesota Statutes 2022, section 12A.08, subdivision 3, is amended to read:
To implement the requirements of this section, the
commissioner may cooperate with private health care providers and facilitiesnew text begin, Tribal nations,new text end
and community health boards as defined in section 145A.02deleted text begin,deleted text endnew text begin;new text end provide grants to assist
community health boardsdeleted text begin,deleted text endnew text begin and Tribal nations;new text end use volunteer services of individuals qualified
to provide public health servicesdeleted text begin,deleted text endnew text begin;new text end and enter into cooperative or mutual aid agreements to
provide public health services.
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Commission" means the Minnesota Health Care Spending Growth Target
Commission.
new text end
new text begin
(c) "Commissioner" means the commissioner of health.
new text end
new text begin
(d) "Provider" or "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.
new text end
new text begin
(e) "Health plan" means a health plan as defined in section 62A.011.
new text end
new text begin
(f) "Health plan company" means a health carrier as defined under section 62A.011,
subdivision 2.
new text end
new text begin
(g) "Health care system" means a medical facility as defined in section 144.561.
new text end
new text begin
(h) "Hospital" means an entity licensed under sections 144.50 to 144.58.
new text end
new text begin
(a) The commissioner of health shall establish a
health care spending growth target commission that shall consist of 14 members representing
the following:
new text end
new text begin
(1) two members who are persons with expertise and experience in advocating on behalf
of patients;
new text end
new text begin
(2) two Minnesota residents who are health care consumers;
new text end
new text begin
(3) two members of the business community who purchase health insurance for their
employees;
new text end
new text begin
(4) two members representing public purchasers of health insurance for their employees;
new text end
new text begin
(5) one licensed and certified health care provider employed at a federally qualified
health center;
new text end
new text begin
(6) one member representing a health care system or urban hospitals;
new text end
new text begin
(7) one member representing rural hospitals;
new text end
new text begin
(8) one member representing health plans;
new text end
new text begin
(9) one member who is an expert in health care financing and administration; and
new text end
new text begin
(10) one member who is an expert in health economics.
new text end
new text begin
(b) All members appointed must have the knowledge and demonstrated expertise in:
new text end
new text begin
(1) health care finance, health economics, and health care management or administration
at a senior level;
new text end
new text begin
(2) health care consumer advocacy;
new text end
new text begin
(3) representing the health care workforce as a leader in a labor organization;
new text end
new text begin
(4) purchasing health insurance representing business management or health benefits
administration;
new text end
new text begin
(5) delivering primary care, health plan administration, or public or population health;
or
new text end
new text begin
(6) addressing health disparities and structural inequities.
new text end
new text begin
(c) No member may participate in commission proceedings involving an individual
provider, purchaser, or patient, or specific activity or transaction, if the member has direct
financial interest in the outcome of the commissions' proceedings other than as an individual
consumer of health care services.
new text end
new text begin
(a) The commissioner shall make recommendations for commission
membership. Commission members shall be appointed by the governor. The initial
appointments to the commission shall be made by September 1, 2023. The initial appointed
commission members shall serve staggered terms of two, three, or four years determined
by lot by the secretary of state. Following the initial appointments, the commission members
shall serve four-year terms. Members may not serve more than two consecutive terms.
new text end
new text begin
(b) The commission is governed by section 15.059.
new text end
new text begin
(c) A commission member may resign at any time by giving written notice to the
commission.
new text end
new text begin
(a) The governor shall annually designate a member to
serve as chair of the commission. The chair shall serve for one year. If there is a vacancy
for any cause, the governor shall make an appointment to become immediately effective.
new text end
new text begin
(b) The commission shall elect a vice-chair and other officers from its membership as
it deems necessary.
new text end
new text begin
Commission members may be compensated according to
section 15.059.
new text end
new text begin
(a) Meetings of the commission, including any public hearings, are
subject to chapter 13D.
new text end
new text begin
(b) The commission must meet publicly monthly on the creation of the program until
the initial targets are established.
new text end
new text begin
(c) After the growth targets are established, the commission shall hold no less than
quarterly meetings at which it considers summary data presented by the commissioner and
drafts main findings for their reporting, considers updates to the program and target levels,
discusses findings with health care providers and payers, and identifies additional needed
analysis and strategies to limit health care spending growth.
new text end
new text begin
(a) The commission is responsible for the
development of the health care spending growth targets program, maintenance, and reporting
on progress toward targets to the legislature and the public. Duties include all activities
necessary for the successful implementation of the program in the state with the goal of
limiting health care spending growth that includes:
new text end
new text begin
(1) establishing a statement of purpose;
new text end
new text begin
(2) developing a methodology to establish the health care spending growth targets, the
economic indicators to be used in establishing the initial target level, as well as levels over
time. The target must:
new text end
new text begin
(i) use a clear and operational definition of total health care spending for the state;
new text end
new text begin
(ii) promote a predictable and sustainable rate of growth for total health care spending
as measured by an established economic indicator, such as the rate of increase of the state's
economy or of the personal income of residents of the state, or a combination;
new text end
new text begin
(iii) apply to all health care providers and health plan companies in the health care system
in the state; and
new text end
new text begin
(iv) be measurable on a per capita basis, statewide basis, health plan basis, and health
care provider basis;
new text end
new text begin
(3) establishing a methodology for calculating health care cost growth:
new text end
new text begin
(i) statewide;
new text end
new text begin
(ii) for each health care provider and health plan company, which, at the discretion of
the commission, may account for variability by age and sex; and
new text end
new text begin
(iii) taking into consideration the need for variability in targets across public and private
payers;
new text end
new text begin
(iv) incorporating health equity considerations; and
new text end
new text begin
(v) considering the impact of targets on health care access and disparities;
new text end
new text begin
(4) identifying data to be used for tracking performance under the targets and methods
of data collection necessary for efficient implementation by the commissioner as specified
in subdivision 9. In identifying data and methods, the commission shall:
new text end
new text begin
(i) consider the availability, timeliness, quality, and usefulness of existing data;
new text end
new text begin
(ii) assess the need for additional investments in data collection, data validation, or
analysis capacity to support efficient collection and aggregation of data to support the
commission's activities;
new text end
new text begin
(iii) limit the reporting burden as much as possible; and
new text end
new text begin
(iv) identify and define the entities which are required to report;
new text end
new text begin
(5) establishing requirements for health care providers and health plan companies to
report data and other information necessary to calculate health care cost growth, after
accounting for analysis under clause (3). Health care providers and health plans must report
data in the form and manner established by the commissioner;
new text end
new text begin
(6) by June 15, 2024, establishing target levels consistent with the methodology in clause
(2) for a five-year period with the goal of limiting health care spending growth;
new text end
new text begin
(7) conducting, at a minimum, annual public hearings to present findings from spending
growth target monitoring;
new text end
new text begin
(8) reviewing, periodically, all components of the program methodology, including
economic indicators and other factors, and, as appropriate, revise established target levels
in clause (3). Any changes to target levels require a two-thirds majority vote of the
commission;
new text end
new text begin
(9) based on analysis of drivers of health care spending conducted by the commissioner
and evidence from public testimony, explore strategies and new policies, and future legislative
proposals that include the ability to establish accountability mechanisms that can contribute
to achieving targets or limiting health care spending growth without increasing disparities
in access to health care;
new text end
new text begin
(10) exploring the addition of quality of care or primary care spending goals as part of
the program; and
new text end
new text begin
(11) completing the reports in subdivision 10.
new text end
new text begin
(b) In developing the target program, the commission must:
new text end
new text begin
(1) evaluate and ensure that the program does not place a disproportionate burden on
communities most impacted by health disparities, the providers who primarily serve
communities most impacted by health disparities, or individuals who reside in rural areas
or have high health care needs;
new text end
new text begin
(2) explicitly consider payment models that help ensure financial sustainability of rural
health care delivery systems and the ability to provide population health; and
new text end
new text begin
(3) consult with stakeholders representing patients, health care providers, payers of
health care services, and others.
new text end
new text begin
The commissioner of health shall provide office space,
equipment and supplies, as well as analytic staff support to the commission and the technical
advisory council, established in section 62J.0412.
new text end
new text begin
(a) The commissioner, in consultation with the
commissioners of commerce and human services, shall be responsible for providing
administrative and staff support to the commission, including by performing and procuring
consulting or analytic services. Duties include:
new text end
new text begin
(1) establishing the form and manner of data reporting, including reporting methods and
dates, consistent with program design and timelines formalized by the commission in
subdivision 7;
new text end
new text begin
(2) collecting data identified by the commission for use in the program in a form and
manner that ensures the collection of high-quality, transparent data;
new text end
new text begin
(3) providing analytical support, including by conducting background research or
environmental scans, evaluating the suitability of available data, performing needed analysis
and data modeling, calculating performance under the spending trends, and researching
drivers of spending growth trends;
new text end
new text begin
(4) synthesizing and reporting to the commission;
new text end
new text begin
(5) assisting health care entities subject to the targets with reporting of data, internal
analysis of spending growth trends, and, as necessary, methodological issues;
new text end
new text begin
(6) supporting the commission's administrative duties and day-to-day operations including
planning, directing, coordinating, and executing the program's essential functions; and
new text end
new text begin
(7) making appointments and staffing the health care spending technical advisory council
in section 62J.0412.
new text end
new text begin
(b) In fulfilling the duties in paragraph (a), the commissioner may contract with entities
with expertise in health economics, health finance, and actuarial science.
new text end
new text begin
(a) The commission shall be responsible for the following reports
to the to the chairs and ranking members of the legislative committees with primary
jurisdiction over health care. These reports should be freely available to the public and
include:
new text end
new text begin
(1) written progress updates about the development and implementation of the health
care growth target program by February 15 of 2024 and 2025. The updates must include
reporting on commission membership and activities, program design decisions, planned
timelines for implementation of the program, and progress of implementation. The reports
must include comprehensive methodological details underlying program design decisions;
and
new text end
new text begin
(2) by March 31, 2026, and annually thereafter, submit a report on health care spending
trends subject to the health care growth targets that must include:
new text end
new text begin
(i) spending growth in aggregate for entities subject to health care growth targets relative
to established target levels;
new text end
new text begin
(ii) findings from the analyses of cost drivers of health care spending growth;
new text end
new text begin
(iii) estimates of the impact of health care spending growth on Minnesota residents,
including for those communities most impacted by health disparities, related to Minnesota
residents' access to insurance and care, value of health care, and ability to pursue other
spending priorities;
new text end
new text begin
(iv) potential and observed impact of the health care growth targets on the financial
viability of the rural delivery system;
new text end
new text begin
(v) changes under consideration for revising the methodology to monitor spending level
targets; and
new text end
new text begin
(vi) recommended policy provisions that may affect health care spending growth trends,
including broader and more transparent adoption of value-based payment arrangements.
new text end
new text begin
(b) The commission may delegate drafting of reports to the commissioner and any
contractors the commissioner deems necessary.
new text end
new text begin
(a) The commission may request that a state agency
provide at no cost the commission with any publicly available information related to the
establishment of targets under this section or monitoring performance under those targets
in a usable format as requested by the commission or the commissioner.
new text end
new text begin
(b) The commission or commissioner may request from a state agency unique or custom
data sets, and the agency may charge the commission or the commissioner for providing
the data at the same rate the agency would charge any other public or private entity.
new text end
new text begin
(c) Any information provided to the commission by a state agency must be de-identified.
For purposes of this subdivision, "de-identified" means the process used to prevent the
identity of a person from being connected with information and ensuring all identifiable
information has been removed.
new text end
new text begin
(d) Any data submitted to the commission or the commissioner shall retain their original
classification under the Minnesota Data Practices Act in chapter 13.
new text end
new text begin
Notwithstanding section 15.059, the commission
shall not expire.
new text end
new text begin
For purposes of this section, the following definitions have
the meanings given.
new text end
new text begin
(a) "Council" means the Health Care Spending Technical Advisory Council.
new text end
new text begin
(b) "Commission" means the Minnesota Health Care Spending Growth Target
Commission.
new text end
new text begin
The commissioner of health shall appoint a 15-member technical
advisory council to provide technical advice to the commission. Members shall be appointed
based on their knowledge and demonstrated expertise in one or more of the following areas:
new text end
new text begin
(1) health care spending trends and drivers;
new text end
new text begin
(2) equitable access to health care services;
new text end
new text begin
(3) health insurance operation and finance;
new text end
new text begin
(4) actuarial science;
new text end
new text begin
(5) the practice of medicine;
new text end
new text begin
(6) patient perspectives;
new text end
new text begin
(7) clinical and health services research; and
new text end
new text begin
(8) the health care marketplace.
new text end
new text begin
The council's membership shall consist of the following:
new text end
new text begin
(1) two members representing patients and health care consumers, at least one of whom
must have experience working with communities experiencing health disparities;
new text end
new text begin
(2) the commissioner of health or a designee;
new text end
new text begin
(3) the commissioner of human services or a designee;
new text end
new text begin
(4) one member who is a health services researcher at the University of Minnesota;
new text end
new text begin
(5) two members who represent nonprofit group purchasers;
new text end
new text begin
(6) one member who represents for-profit group purchasers;
new text end
new text begin
(7) two members who represent medical care systems;
new text end
new text begin
(8) one member who represents independent health care providers; and
new text end
new text begin
(9) two members who represent employee benefit plans, with one representing a public
employer.
new text end
new text begin
(a) The initial appointments to the council shall be made by September
30, 2023. The council members shall serve staggered terms of two, three, or four years
determined by lot by the secretary of state. Members may not serve more than two
consecutive terms.
new text end
new text begin
(b) All council member terms will end on September 30, 2027.
new text end
new text begin
(c) Removal and vacancies of council members is governed by section 15.059.
new text end
new text begin
The council shall meet up to six meetings per calendar year at the
request of the commission.
new text end
new text begin
The council shall:
new text end
new text begin
(1) provide technical advice to the commission on the development and implementation
of the health care cost growth targets, designs, drivers of spending, reporting, and other
items related to the commission duties;
new text end
new text begin
(2) provide technical input on data sources for measuring health care spending; and
new text end
new text begin
(3) advise how to measure the impact on:
new text end
new text begin
(i) communities most impacted by health disparities;
new text end
new text begin
(ii) the providers who primarily serve communities most impacted by health disparities;
new text end
new text begin
(iii) individuals with disabilities;
new text end
new text begin
(iv) individuals with health coverage through medical assistance or MinnesotaCare; or
new text end
new text begin
(v) individuals who reside in rural areas.
new text end
new text begin
(a) The commissioner of health shall develop recommendations for strategies to reduce
the volume and growth of administrative spending by health care organizations and group
purchasers, and the magnitude of low-value care delivered to Minnesota residents. The
commissioner shall:
new text end
new text begin
(1) review the availability of data and identify gaps in the data infrastructure to estimate
aggregated and disaggregated administrative spending and low-value care;
new text end
new text begin
(2) based on available data, estimate the volume and change over time of administrative
spending and low-value care in Minnesota;
new text end
new text begin
(3) conduct an environmental scan and key informant interviews with experts in health
care finance, health economics, health care management or administration, and the
administration of health insurance benefits to determine drivers of spending growth for
spending on administrative services or the provision of low-value care; and
new text end
new text begin
(4) convene a clinical learning community and an employer task force to review the
evidence from clauses (1) to (3) and develop a set of actionable strategies to address
administrative spending volume and growth and the magnitude of the volume of low-value
care.
new text end
new text begin
(b) By March 31, 2025, the commissioner shall deliver the recommendations to the
chairs and ranking minority members of house and senate committees with jurisdiction over
health and human services finance and policy.
new text end
new text begin
(a) The commissioner shall develop a plan to assess readiness of rural communities and
rural health care providers to adopt value based, global budgeting or alternative payment
systems and recommend steps needed to implement them. The commissioner may use the
development of case studies and modeling of alternate payment systems to demonstrate
value-based payment systems that ensure a baseline level of essential community or regional
health services and address population health needs.
new text end
new text begin
(b) The commissioner shall develop recommendations for pilot projects with the aim of
ensuring financial viability of rural health care systems in the context of spending growth
targets. The commissioner shall share findings with the Minnesota health care cost growth
target commission.
new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Health care provider directory" means an electronic catalog and index that supports
management of health care provider information, both individual and organizational, in a
directory structure for public use to find available providers and networks and support state
agency responsibilities.
new text end
new text begin
(c) "Health care provider" means a practicing provider that accepts reimbursement from
a group purchaser, as defined in section 62J.03, subdivision 6.
new text end
new text begin
(d) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.
new text end
new text begin
(a) The commissioner shall assess the
feasibility and stakeholder commitment to develop, manage, and maintain a statewide
electronic directory of health care providers. The assessment must take into consideration
consumer information needs; state agency applications; stakeholder needs; technical
requirements; alignment with national standards; governance; operations; legal and policy
considerations; and existing directories.
new text end
new text begin
The commissioner shall assess the feasibility of the directory in
consultation with stakeholders, including but not limited to consumers, group purchasers,
health care providers, community health boards, and state agencies.
new text end
new text begin
(a) Each health care provider and health facility
shall comply with Consolidated Appropriations Act, 2021, Division BB also known as the
"No Surprises Act," including any federal regulations adopted under that act.
new text end
new text begin
(b) For the purposes of this section, "provider" or "facility" means any health care
provider or facility pursuant to section 62A.63, subdivision 2, or 62J.03, subdivision 8, that
is subject to relevant provisions of the No Surprises Act.
new text end
new text begin
(a) The commissioner shall, to the extent
practicable, seek the cooperation of health care providers and facilities, and may provide
any support and assistance as available, in obtaining compliance with this section.
new text end
new text begin
(b) The commissioner shall determine the manner and processes for fulfilling any
responsibilities and taking any of the actions in paragraphs (c) to (f).
new text end
new text begin
(c) A person who believes a health care provider or facility has not complied with the
requirements of the No Surprises Act or this section may file a complaint with the
commissioner in the manner determined by the commissioner.
new text end
new text begin
(d) The commissioner shall conduct compliance reviews and investigate complaints
filed under this section in the manner determined by the commissioner to ascertain whether
health care providers and facilities are complying with this section.
new text end
new text begin
(e) The commissioner may report violations under this section to other relevant federal
and state departments and jurisdictions as appropriate, including the attorney general and
relevant licensing boards, and may also coordinate on investigations and enforcement of
this section with other relevant federal and state departments and jurisdictions as appropriate,
including the attorney general and relevant licensing boards.
new text end
new text begin
(f) A health care provider or facility may contest whether the finding of facts constitute
a violation of this section according to the contested case proceeding in sections 14.57 to
14.62, subject to appeal according to sections 14.63 to 14.68.
new text end
new text begin
(g) Any data collected by the commissioner as part of an active investigation or active
compliance review under this section are classified as protected nonpublic data pursuant to
section 13.02, subdivision 13, in the case of data not on individuals and confidential pursuant
to section 13.02, subdivision 3, in the case of data on individuals. Data describing the final
disposition of an investigation or compliance review are classified as public.
new text end
new text begin
(a) The commissioner, in monitoring and enforcing this section,
may levy a civil monetary penalty against each health care provider or facility found to be
in violation of up to $100 for each violation, but may not exceed $25,000 for identical
violations during a calendar year.
new text end
new text begin
(b) No civil monetary penalty shall be imposed under this section for violations that
occur prior to January 1, 2024.
new text end
Minnesota Statutes 2022, section 62J.84, subdivision 2, is amended to read:
(a) For purposes of this section, the terms defined in this subdivision
have the meanings given.
(b) "Biosimilar" means a drug that is produced or distributed pursuant to a biologics
license application approved under United States Code, title 42, section 262(K)(3).
(c) "Brand name drug" means a drug that is produced or distributed pursuant to:
(1) deleted text beginan original,deleted text endnew text begin anew text end new drug application approved under United States Code, title 21,
section 355(c), except for a generic drug as defined under Code of Federal Regulations,
title 42, section 447.502; or
(2) a biologics license application approved under United States Code, title deleted text begin45deleted text endnew text begin 42new text end, section
262(a)(c).
(d) "Commissioner" means the commissioner of health.
(e) "Generic drug" means a drug that is marketed or distributed pursuant to:
(1) an abbreviated new drug application approved under United States Code, title 21,
section 355(j);
(2) an authorized generic as defined under Code of Federal Regulations, title deleted text begin45deleted text endnew text begin 42new text end,
section 447.502; or
(3) a drug that entered the market the year before 1962 and was not originally marketed
under a new drug application.
(f) "Manufacturer" means a drug manufacturer licensed under section 151.252.
(g) "New prescription drug" or "new drug" means a prescription drug approved for
marketing by the United States Food and Drug Administration new text begin(FDA) new text endfor which no previous
wholesale acquisition cost has been established for comparison.
(h) "Patient assistance program" means a program that a manufacturer offers to the public
in which a consumer may reduce the consumer's out-of-pocket costs for prescription drugs
by using coupons, discount cards, prepaid gift cards, manufacturer debit cards, or by other
means.
(i) "Prescription drug" or "drug" has the meaning provided in section 151.441, subdivision
8.
(j) "Price" means the wholesale acquisition cost as defined in United States Code, title
42, section 1395w-3a(c)(6)(B).
new text begin
(k) "30-day supply" means the total daily dosage units of a prescription drug
recommended by the prescribing label approved by the FDA for 30 days. If the
FDA-approved prescribing label includes more than one recommended daily dosage, the
30-day supply is based on the maximum recommended daily dosage on the FDA-approved
prescribing label.
new text end
new text begin
(l) "Course of treatment" means the total dosage of a single prescription for a prescription
drug recommended by the FDA-approved prescribing label. If the FDA-approved prescribing
label includes more than one recommended dosage for a single course of treatment, the
course of treatment is the maximum recommended dosage on the FDA-approved prescribing
label.
new text end
new text begin
(m) "Drug product family" means a group of one or more prescription drugs that share
a unique generic drug description or nontrade name and dosage form.
new text end
new text begin
(n) "National drug code" means the three-segment code maintained by the federal Food
and Drug Administration that includes a labeler code, a product code, and a package code
for a drug product and that has been converted to an 11-digit format consisting of five digits
in the first segment, four digits in the second segment, and two digits in the third segment.
A three-segment code shall be considered converted to an 11-digit format when, as necessary,
at least one "0" has been added to the front of each segment containing less than the specified
number of digits such that each segment contains the specified number of digits.
new text end
new text begin
(o) "Pharmacy" or "pharmacy provider" means a place of business licensed by the Board
of Pharmacy under section 151.19 in which prescription drugs are prepared, compounded,
or dispensed under the supervision of a pharmacist.
new text end
new text begin
(p) "Pharmacy benefits manager" or "PBM" means an entity licensed to act as a pharmacy
benefits manager under section 62W.03.
new text end
new text begin
(q) "Pricing unit" means the smallest dispensable amount of a prescription drug product
that could be dispensed.
new text end
new text begin
(r) "Reporting entity" means any manufacturer, pharmacy, pharmacy benefits manager,
wholesale drug distributor, or any other entity required to submit data under section 62J.84.
new text end
new text begin
(s) "Wholesale drug distributor" or "wholesaler" means an entity that:
new text end
new text begin
(1) is licensed to act as a wholesale drug distributor under section 151.47; and
new text end
new text begin
(2) distributes prescription drugs, of which it is not the manufacturer, to persons or
entities, or both, other than a consumer or patient in the state.
new text end
Minnesota Statutes 2022, section 62J.84, subdivision 3, is amended to read:
(a) Beginning January 1, 2022,
a drug manufacturer must submit to the commissioner the information described in paragraph
(b) for each prescription drug for which the price was $100 or greater for a 30-day supply
or for a course of treatment lasting less than 30 days and:
(1) for brand name drugs where there is an increase of ten percent or greater in the price
over the previous 12-month period or an increase of 16 percent or greater in the price over
the previous 24-month period; and
(2) for generic new text beginor biosimilar new text enddrugs where there is an increase of 50 percent or greater in
the price over the previous 12-month period.
(b) For each of the drugs described in paragraph (a), the manufacturer shall submit to
the commissioner no later than 60 days after the price increase goes into effect, in the form
and manner prescribed by the commissioner, the following information, if applicable:
(1) the deleted text beginnamedeleted text endnew text begin descriptionnew text end and price of the drug and the net increase, expressed as a
percentagedeleted text begin;deleted text endnew text begin, with the following listed separately:
new text end
new text begin
(i) the national drug code;
new text end
new text begin
(ii) the product name;
new text end
new text begin
(iii) the dosage form;
new text end
new text begin
(iv) the strength;
new text end
new text begin
(v) the package size;
new text end
(2) the factors that contributed to the price increase;
(3) the name of any generic version of the prescription drug available on the market;
(4) the introductory price of the prescription drug when it was deleted text beginapproved for marketing
by the Food and Drug Administration and the net yearly increase, by calendar year, in the
price of the prescription drug during the previous five yearsdeleted text endnew text begin introduced for sale in the United
States and the price of the drug on the last day of each of the five calendar years preceding
the price increasenew text end;
(5) the direct costs incurred new text beginduring the previous 12-month period new text endby the manufacturer
that are associated with the prescription drug, listed separately:
(i) to manufacture the prescription drug;
(ii) to market the prescription drug, including advertising costs; and
(iii) to distribute the prescription drug;
(6) the total sales revenue for the prescription drug during the previous 12-month period;
(7) the manufacturer's net profit attributable to the prescription drug during the previous
12-month period;
(8) the total amount of financial assistance the manufacturer has provided through patient
prescription assistance programsnew text begin during the previous 12-month periodnew text end, if applicable;
(9) any agreement between a manufacturer and another entity contingent upon any delay
in offering to market a generic version of the prescription drug;
(10) the patent expiration date of the prescription drug if it is under patent;
(11) the name and location of the company that manufactured the drug; deleted text beginand
deleted text end
(12) if a brand name prescription drug, the deleted text begintendeleted text end highest deleted text beginpricesdeleted text endnew text begin pricenew text end paid for the
prescription drug during the previous calendar year in deleted text beginany country other thandeleted text endnew text begin the ten
countries, excludingnew text end the United Statesdeleted text begin.deleted text endnew text begin, that charged the highest single price for the
prescription drug; and
new text end
new text begin
(13) if the prescription drug was acquired by the manufacturer during the previous
12-month period, all of the following information:
new text end
new text begin
(i) price at acquisition;
new text end
new text begin
(ii) price in the calendar year prior to acquisition;
new text end
new text begin
(iii) name of the company from which the drug was acquired;
new text end
new text begin
(iv) date of acquisition; and
new text end
new text begin
(v) acquisition price.
new text end
(c) The manufacturer may submit any documentation necessary to support the information
reported under this subdivision.
Minnesota Statutes 2022, section 62J.84, subdivision 4, is amended to read:
(a) Beginning January 1, 2022, no
later than 60 days after a manufacturer introduces a new prescription drug for sale in the
United States that is a new brand name drug with a price that is greater than the tier threshold
established by the Centers for Medicare and Medicaid Services for specialty drugs in the
Medicare Part D program for a 30-day supply new text beginor for a course of treatment lasting less than
30 days new text endor a new generic or biosimilar drug with a price that is greater than the tier threshold
established by the Centers for Medicare and Medicaid Services for specialty drugs in the
Medicare Part D program for a 30-day supply new text beginor for a course of treatment lasting less than
30 days new text endand is not at least 15 percent lower than the referenced brand name drug when the
generic or biosimilar drug is launched, the manufacturer must submit to the commissioner,
in the form and manner prescribed by the commissioner, the following information, if
applicable:
new text begin
(1) the description of the drug, with the following listed separately:
new text end
new text begin
(i) the national drug code;
new text end
new text begin
(ii) the product name;
new text end
new text begin
(iii) the dosage form;
new text end
new text begin
(iv) the strength;
new text end
new text begin
(v) the package size;
new text end
deleted text begin (1)deleted text endnew text begin (2)new text end the price of the prescription drug;
deleted text begin (2)deleted text endnew text begin (3)new text end whether the Food and Drug Administration granted the new prescription drug a
breakthrough therapy designation or a priority review;
deleted text begin (3)deleted text endnew text begin (4)new text end the direct costs incurred by the manufacturer that are associated with the
prescription drug, listed separately:
(i) to manufacture the prescription drug;
(ii) to market the prescription drug, including advertising costs; and
(iii) to distribute the prescription drug; and
deleted text begin (4)deleted text endnew text begin (5)new text end the patent expiration date of the drug if it is under patent.
(b) The manufacturer may submit documentation necessary to support the information
reported under this subdivision.
Minnesota Statutes 2022, section 62J.84, subdivision 6, is amended to read:
(a) The commissioner
shall post on the department's website, or may contract with a private entity or consortium
that satisfies the standards of section 62U.04, subdivision 6, to meet this requirement, the
following information:
(1) a list of the prescription drugs reported under subdivisions 3deleted text begin, 4, and 5,deleted text endnew text begin to 6 and 9 to
14new text end and the manufacturers of those prescription drugs; and
(2) information reported to the commissioner under subdivisions 3deleted text begin, 4, and 5deleted text endnew text begin to 6 and 9
to 14new text end.
(b) The information must be published in an easy-to-read format and in a manner that
identifies the information that is disclosed on a per-drug basis and must not be aggregated
in a manner that prevents the identification of the prescription drug.
(c) The commissioner shall not post to the department's website or a private entity
contracting with the commissioner shall not post any information described in this section
if the information is not public data under section 13.02, subdivision 8a; or is trade secret
information under section 13.37, subdivision 1, paragraph (b); or is trade secret information
pursuant to the Defend Trade Secrets Act of 2016, United States Code, title 18, section
1836, as amended. If a manufacturer believes information should be withheld from public
disclosure pursuant to this paragraph, the manufacturer must clearly and specifically identify
that information and describe the legal basis in writing when the manufacturer submits the
information under this section. If the commissioner disagrees with the manufacturer's request
to withhold information from public disclosure, the commissioner shall provide the
manufacturer written notice that the information will be publicly posted 30 days after the
date of the notice.
(d) If the commissioner withholds any information from public disclosure pursuant to
this subdivision, the commissioner shall post to the department's website a report describing
the nature of the information and the commissioner's basis for withholding the information
from disclosure.
(e) To the extent the information required to be posted under this subdivision is collected
and made available to the public by another state, by the University of Minnesota, or through
an online drug pricing reference and analytical tool, the commissioner may reference the
availability of this drug price data from another source including, within existing
appropriations, creating the ability of the public to access the data from the source for
purposes of meeting the reporting requirements of this subdivision.
Minnesota Statutes 2022, section 62J.84, subdivision 7, is amended to read:
(a) The commissioner may consult with a private entity or
consortium that satisfies the standards of section 62U.04, subdivision 6, the University of
Minnesota, or the commissioner of commerce, as appropriate, in issuing the form and format
of the information reported under this section; in posting information pursuant to subdivision
6; and in taking any other action for the purpose of implementing this section.
(b) The commissioner may consult with representatives of the deleted text beginmanufacturersdeleted text endnew text begin reporting
entitiesnew text end to establish a standard format for reporting information under this section and may
use existing reporting methodologies to establish a standard format to minimize
administrative burdens to the state and deleted text beginmanufacturersdeleted text endnew text begin reporting entitiesnew text end.
Minnesota Statutes 2022, section 62J.84, subdivision 8, is amended to read:
(a) A deleted text beginmanufacturerdeleted text endnew text begin reporting entitynew text end may be subject
to a civil penalty, as provided in paragraph (b), for:
new text begin
(1) failing to register under subdivision 15;
new text end
deleted text begin (1)deleted text endnew text begin (2)new text end failing to submit timely reports or notices as required by this section;
deleted text begin (2)deleted text endnew text begin (3)new text end failing to provide information required under this section; or
deleted text begin (3)deleted text endnew text begin (4)new text end providing inaccurate or incomplete information under this section.
(b) The commissioner shall adopt a schedule of civil penalties, not to exceed $10,000
per day of violation, based on the severity of each violation.
(c) The commissioner shall impose civil penalties under this section as provided in
section 144.99, subdivision 4.
(d) The commissioner may remit or mitigate civil penalties under this section upon terms
and conditions the commissioner considers proper and consistent with public health and
safety.
(e) Civil penalties collected under this section shall be deposited in the health care access
fund.
Minnesota Statutes 2022, section 62J.84, subdivision 9, is amended to read:
(a) No later than May 15, 2022, and by January 15 of each
year thereafter, the commissioner shall report to the chairs and ranking minority members
of the legislative committees with jurisdiction over commerce and health and human services
policy and finance on the implementation of this section, including but not limited to the
effectiveness in addressing the following goals:
(1) promoting transparency in pharmaceutical pricing for the state and other payers;
(2) enhancing the understanding on pharmaceutical spending trends; and
(3) assisting the state and other payers in the management of pharmaceutical costs.
(b) The report must include a summary of the information submitted to the commissioner
under subdivisions 3deleted text begin, 4, and 5deleted text endnew text begin to 6 and 9 to 14new text end.
Minnesota Statutes 2022, section 62J.84, is amended by adding a subdivision to
read:
new text begin
(a) No later than
January 31, 2024, and quarterly thereafter, the commissioner shall produce and post on the
department's website a list of prescription drugs that the department determines to represent
a substantial public interest and for which the department intends to request data under
subdivisions 9 to 14, subject to paragraph (c). The department shall base its inclusion of
prescription drugs on any information the department determines is relevant to providing
greater consumer awareness of the factors contributing to the cost of prescription drugs in
the state, and the department shall consider drug product families that include prescription
drugs:
new text end
new text begin
(1) that triggered reporting under subdivisions 3, 4, or 6 during the previous calendar
quarter;
new text end
new text begin
(2) for which average claims paid amounts exceeded 125 percent of the price as of the
claim incurred date during the most recent calendar quarter for which claims paid amounts
are available; or
new text end
new text begin
(3) that are identified by members of the public during a public comment period process.
new text end
new text begin
(b) Not sooner than 30 days after publicly posting the list of prescription drugs under
paragraph (a), the department shall notify, via email, reporting entities registered with the
department of the requirement to report under subdivisions 9 to 14.
new text end
new text begin
(c) No more than 500 prescription drugs may be designated as having a substantial public
interest in any one notice.
new text end
Minnesota Statutes 2022, section 62J.84, is amended by adding a subdivision to
read:
new text begin
(a)
Beginning January 1, 2024, a manufacturer must submit to the commissioner the information
described in paragraph (b) for any prescription drug:
new text end
new text begin
(1) included in a notification to report issued to the manufacturer by the department
under subdivision 10;
new text end
new text begin
(2) which the manufacturer manufactures or repackages;
new text end
new text begin
(3) for which the manufacturer sets the wholesale acquisition cost; and
new text end
new text begin
(4) for which the manufacturer has not submitted data under subdivision 3 or 6 during
the 120-day period prior to the date of the notification to report.
new text end
new text begin
(b) For each of the drugs described in paragraph (a), the manufacturer shall submit to
the commissioner no later than 60 days after the date of the notification to report, in the
form and manner prescribed by the commissioner, the following information, if applicable:
new text end
new text begin
(1) a description of the drug with the following listed separately:
new text end
new text begin
(i) the national drug code;
new text end
new text begin
(ii) the product name;
new text end
new text begin
(iii) the dosage form;
new text end
new text begin
(iv) the strength; and
new text end
new text begin
(v) the package size;
new text end
new text begin
(2) the price of the drug product on the later of:
new text end
new text begin
(i) the day one year prior to the date of the notification to report;
new text end
new text begin
(ii) the introduced to market date; or
new text end
new text begin
(iii) the acquisition date;
new text end
new text begin
(3) the price of the drug product on the date of the notification to report;
new text end
new text begin
(4) the introductory price of the prescription drug when it was introduced for sale in the
United States and the price of the drug on the last day of each of the five calendar years
preceding the date of the notification to report;
new text end
new text begin
(5) the direct costs incurred during the 12-month period prior to the date of the notification
to report by the manufacturers that are associated with the prescription drug, listed separately:
new text end
new text begin
(i) to manufacture the prescription drug;
new text end
new text begin
(ii) to market the prescription drug, including advertising costs; and
new text end
new text begin
(iii) to distribute the prescription drug;
new text end
new text begin
(6) the number of units of the prescription drug sold during the 12-month period prior
to the date of the notification to report;
new text end
new text begin
(7) the total sales revenue for the prescription drug during the 12-month period prior to
the date of the notification to report;
new text end
new text begin
(8) the total rebate payable amount accrued for the prescription drug during the 12-month
period prior to the date of the notification to report;
new text end
new text begin
(9) the manufacturer's net profit attributable to the prescription drug during the 12-month
period prior to the date of the notification to report;
new text end
new text begin
(10) the total amount of financial assistance the manufacturer has provided through
patient prescription assistance programs during the 12-month period prior to the date of the
notification to report, if applicable;
new text end
new text begin
(11) any agreement between a manufacturer and another entity contingent upon any
delay in offering to market a generic version of the prescription drug;
new text end
new text begin
(12) the patent expiration date of the prescription drug if the prescription drug is under
patent;
new text end
new text begin
(13) the name and location of the company that manufactured the drug;
new text end
new text begin
(14) if the prescription drug is a brand name prescription drug, the ten countries other
than the United States that paid the highest prices for the prescription drug during the
previous calendar year and their prices; and
new text end
new text begin
(15) if the prescription drug was acquired by the manufacturer within a 12-month period
prior to the date of the notification to report, all of the following information:
new text end
new text begin
(i) the price at acquisition;
new text end
new text begin
(ii) the price in the calendar year prior to acquisition;
new text end
new text begin
(iii) the name of the company from which the drug was acquired;
new text end
new text begin
(iv) the date of acquisition; and
new text end
new text begin
(v) the acquisition price.
new text end
new text begin
(c) The manufacturer may submit any documentation necessary to support the information
reported under this subdivision.
new text end
Minnesota Statutes 2022, section 62J.84, is amended by adding a subdivision to
read:
new text begin
(a)
Beginning January 1, 2024, a pharmacy must submit to the commissioner the information
described in paragraph (b) for any prescription drug included in a notification to report
issued to the pharmacy by the department under subdivision 9.
new text end
new text begin
(b) For each of the drugs described in paragraph (a), the pharmacy shall submit to the
commissioner no later than 60 days after the date of the notification to report, in the form
and manner prescribed by the commissioner, the following information, if applicable:
new text end
new text begin
(1) a description of the drug with the following listed separately:
new text end
new text begin
(i) the national drug code;
new text end
new text begin
(ii) the product name;
new text end
new text begin
(iii) the dosage form;
new text end
new text begin
(iv) the strength; and
new text end
new text begin
(v) the package size;
new text end
new text begin
(2) the number of units of the drug acquired during the 12-month period prior to the date
of the notification to report;
new text end
new text begin
(3) the total spent before rebates by the pharmacy to acquire the drug during the 12-month
period prior to the date of the notification to report;
new text end
new text begin
(4) the total rebate receivable amount accrued by the pharmacy for the drug during the
12-month period prior to the date of the notification to report;
new text end
new text begin
(5) the number of pricing units of the drug dispensed by the pharmacy during the
12-month period prior to the date of the notification to report;
new text end
new text begin
(6) the total payment receivable by the pharmacy for dispensing the drug including
ingredient cost, dispensing fee, and administrative fees during the 12-month period prior
to the date of the notification to report;
new text end
new text begin
(7) the total rebate payable amount accrued by the pharmacy for the drug during the
12-month period prior to the date of the notification to report; and
new text end
new text begin
(8) the average cash price paid by consumers per pricing unit for prescriptions dispensed
where no claim was submitted to a health care service plan or health insurer during the
12-month period prior to the date of the notification to report.
new text end
new text begin
(c) The pharmacy may submit any documentation necessary to support the information
reported under this subdivision.
new text end
Minnesota Statutes 2022, section 62J.84, is amended by adding a subdivision to
read:
new text begin
(a) Beginning
January 1, 2024, a PBM must submit to the commissioner the information described in
paragraph (b) for any prescription drug included in a notification to report issued to the
PBM by the department under subdivision 9.
new text end
new text begin
(b) For each of the drugs described in paragraph (a), the PBM shall submit to the
commissioner no later than 60 days after the date of the notification to report, in the form
and manner prescribed by the commissioner, the following information, if applicable:
new text end
new text begin
(1) a description of the drug with the following listed separately:
new text end
new text begin
(i) the national drug code;
new text end
new text begin
(ii) the product name;
new text end
new text begin
(iii) the dosage form;
new text end
new text begin
(iv) the strength; and
new text end
new text begin
(v) the package size;
new text end
new text begin
(2) the number of pricing units of the drug product filled for which the PBM administered
claims during the 12-month period prior to the date of the notification to report;
new text end
new text begin
(3) the total reimbursement amount accrued and payable to pharmacies for pricing units
of the drug product filled for which the PBM administered claims during the 12-month
period prior to the date of the notification to report;
new text end
new text begin
(4) the total reimbursement or administrative fee amount, or both, accrued and receivable
from payers for pricing units of the drug product filled for which the PBM administered
claims during the 12-month period prior to the date of the notification to report;
new text end
new text begin
(5) the total rebate receivable amount accrued by the PBM for the drug product during
the 12-month period prior to the date of the notification to report; and
new text end
new text begin
(6) the total rebate payable amount accrued by the PBM for the drug product during the
12-month period prior to the date of the notification to report.
new text end
new text begin
(c) The PBM may submit any documentation necessary to support the information
reported under this subdivision.
new text end
Minnesota Statutes 2022, section 62J.84, is amended by adding a subdivision to
read:
new text begin
(a)
Beginning January 1, 2024, a wholesaler must submit to the commissioner the information
described in paragraph (b) for any prescription drug included in a notification to report
issued to the wholesaler by the department under subdivision 10.
new text end
new text begin
(b) For each of the drugs described in paragraph (a), the wholesaler shall submit to the
commissioner no later than 60 days after the date of the notification to report, in the form
and manner prescribed by the commissioner, the following information, if applicable:
new text end
new text begin
(1) a description of the drug with the following listed separately:
new text end
new text begin
(i) the national drug code;
new text end
new text begin
(ii) the product name;
new text end
new text begin
(iii) the dosage form;
new text end
new text begin
(iv) the strength; and
new text end
new text begin
(v) the package size;
new text end
new text begin
(2) the number of units of the drug product acquired by the wholesale drug distributor
during the 12-month period prior to the date of the notification to report;
new text end
new text begin
(3) the total spent before rebates by the wholesale drug distributor to acquire the drug
product during the 12-month period prior to the date of the notification to report;
new text end
new text begin
(4) the total rebate receivable amount accrued by the wholesale drug distributor for the
drug product during the 12-month period prior to the date of the notification to report;
new text end
new text begin
(5) the number of units of the drug product sold by the wholesale drug distributor during
the 12-month period prior to the date of the notification to report;
new text end
new text begin
(6) gross revenue from sales in the United States generated by the wholesale drug
distributor for this drug product during the 12-month period prior to the date of the
notification to report; and
new text end
new text begin
(7) total rebate payable amount accrued by the wholesale drug distributor for the drug
product during the 12-month period prior to the date of the notification to report.
new text end
new text begin
(c) The wholesaler may submit any documentation necessary to support the information
reported under this subdivision.
new text end
Minnesota Statutes 2022, section 62J.84, is amended by adding a subdivision to
read:
new text begin
Beginning January 1, 2024, a reporting entity
subject to this chapter shall register with the department in a form and manner prescribed
by the commissioner.
new text end
Minnesota Statutes 2022, section 62J.84, is amended by adding a subdivision to
read:
new text begin
For the purposes of this section, the commissioner may use the
expedited rulemaking process under section 14.389.
new text end
Minnesota Statutes 2022, section 62Q.01, is amended by adding a subdivision to
read:
new text begin
"No Surprises Act" means Division BB of the Consolidated
Appropriations Act, 2021, which amended Title XXVII of the Public Health Service Act,
Public Law 116-260, and any amendments to and any federal guidance or regulations issued
under this act.
new text end
Minnesota Statutes 2022, section 62Q.021, is amended by adding a subdivision
to read:
new text begin
Each health plan company, health provider,
and health facility shall comply with the No Surprises Act, including any federal regulations
adopted under the act, to the extent that the act imposes requirements that apply in this state
but are not required under the laws of this state. This subdivision does not require compliance
with any provision of the No Surprises Act before the effective date provided for that
provision in the No Surprises Act. The commissioner shall enforce this subdivision.
new text end
Minnesota Statutes 2022, section 62Q.55, subdivision 5, is amended to read:
If emergency services are provided by
a nonparticipating provider, with or without prior authorization, the health plan company
shall not impose coverage restrictions or limitations that are more restrictive than apply to
emergency services received from a participating provider. Cost-sharing requirements that
apply to emergency services received out-of-network must be the same as the cost-sharing
requirements that apply to services received in-networknew text begin and shall count toward the in-network
deductible. All coverage and charges for emergency services must comply with the No
Surprises Actnew text end.
Minnesota Statutes 2022, section 62Q.556, is amended to read:
(a) Except as provided in paragraph deleted text begin(c), unauthorized provider services
occurdeleted text endnew text begin (b), balance billing is prohibitednew text end when an enrollee receives servicesnew text begin fromnew text end:
(1) deleted text beginfromdeleted text end a nonparticipating provider at a participating hospital or ambulatory surgical
center, deleted text beginwhen the services are rendered:deleted text endnew text begin as described by the No Surprises Act, including any
federal regulations adopted under that act;
new text end
deleted text begin
(i) due to the unavailability of a participating provider;
deleted text end
deleted text begin
(ii) by a nonparticipating provider without the enrollee's knowledge; or
deleted text end
deleted text begin
(iii) due to the need for unforeseen services arising at the time the services are being
rendered; or
deleted text end
(2) deleted text beginfromdeleted text end a participating provider that sends a specimen taken from the enrollee in the
participating provider's practice setting to a nonparticipating laboratory, pathologist, or other
medical testing facilitydeleted text begin.deleted text endnew text begin; or
new text end
new text begin
(3) a nonparticipating provider or facility providing emergency services as defined in
section 62Q.55, subdivision 3, and other services as described in the requirements of the
No Surprises Act.
new text end
deleted text begin
(b) Unauthorized provider services do not include emergency services as defined in
section 62Q.55, subdivision 3.
deleted text end
deleted text begin (c)deleted text endnew text begin (b)new text end The services described in paragraph (a), deleted text beginclause (2)deleted text endnew text begin clauses (1), (2), and (3), as
defined in the No Surprises Act, and any federal regulations adopted under that actnew text end, are deleted text beginnot
unauthorized provider servicesdeleted text endnew text begin subject to balance billingnew text end if the enrollee deleted text begingives advance writtendeleted text endnew text begin
provides informednew text end consent deleted text begintodeleted text endnew text begin prior to receiving services fromnew text end thenew text begin nonparticipatingnew text end provider
acknowledging that the use of a provider, or the services to be rendered, may result in costs
not covered by the health plan.new text begin The informed consent must comply with all requirements
of the No Surprises Act, including any federal regulations adopted under that act.
new text end
(a) An enrollee's financial responsibility for the deleted text beginunauthorizeddeleted text endnew text begin nonparticipatingnew text end
provider servicesnew text begin described in subdivision 1, paragraph (a),new text end shall be the same cost-sharing
requirements, including co-payments, deductibles, coinsurance, coverage restrictions, and
coverage limitations, as those applicable to services received by the enrollee from a
participating provider. A health plan company must apply any enrollee cost sharing
requirements, including co-payments, deductibles, and coinsurance, for deleted text beginunauthorizeddeleted text endnew text begin
nonparticipatingnew text end provider services to the enrollee's annual out-of-pocket limit to the same
extent payments to a participating provider would be applied.
(b) A health plan company must attempt to negotiate the reimbursement, less any
applicable enrollee cost sharing under paragraph (a), for the deleted text beginunauthorizeddeleted text endnew text begin nonparticipatingnew text end
provider services with the nonparticipating provider. If deleted text begina health plan company's and
nonparticipating provider's attemptsdeleted text endnew text begin the attemptnew text end to negotiate reimbursement for the deleted text beginhealth
caredeleted text endnew text begin nonparticipating providernew text end services deleted text begindodeleted text endnew text begin doesnew text end not result in a resolution, deleted text beginthe health plan
company or provider may elect to refer the matter for binding arbitration, chosen in
accordance with paragraph (c). A nondisclosure agreement must be executed by both parties
prior to engaging an arbitrator in accordance with this section. The cost of arbitration must
be shared equally between the parties.deleted text endnew text begin either party may initiate the federal independent
dispute resolution process pursuant to the No Surprises Act, including any federal regulations
adopted under that act.
new text end
deleted text begin
(c) The commissioner of health, in consultation with the commissioner of the Bureau
of Mediation Services, must develop a list of professionals qualified in arbitration, for the
purpose of resolving disputes between a health plan company and nonparticipating provider
arising from the payment for unauthorized provider services. The commissioner of health
shall publish the list on the Department of Health website, and update the list as appropriate.
deleted text end
deleted text begin
(d) The arbitrator must consider relevant information, including the health plan company's
payments to other nonparticipating providers for the same services, the circumstances and
complexity of the particular case, and the usual and customary rate for the service based on
information available in a database in a national, independent, not-for-profit corporation,
and similar fees received by the provider for the same services from other health plans in
which the provider is nonparticipating, in reaching a decision.
deleted text end
new text begin
(a) Beginning April 1, 2024, a health plan company
must report annually to the commissioner of health:
new text end
new text begin
(1) the total number of claims and total billed and paid amount for nonparticipating
provider services, by service and provider type, submitted to the health plan in the prior
calendar year; and
new text end
new text begin
(2) the total number of enrollee complaints received regarding the rights and protections
established by the No Surprises Act in the prior calendar year.
new text end
new text begin
(b) The commissioners of commerce and health shall develop the form and manner for
health plan companies to comply with paragraph (a).
new text end
new text begin
(a) Any provider or facility, including a health care provider or
facility pursuant to section 62A.63, subdivision 2, or 62J.03, subdivision 8, that is subject
to the relevant provisions of the No Surprises Act is subject to the requirements of this
section and section 62J.811.
new text end
new text begin
(b) The commissioner of commerce or health shall enforce this section.
new text end
new text begin
(c) If a health-related licensing board has cause to believe that a provider has violated
this section, it may further investigate and enforce the provisions of this section pursuant
to chapter 214.
new text end
Minnesota Statutes 2022, section 62Q.56, subdivision 2, is amended to read:
(a) If an enrollee is subject to a change in health plans,
the enrollee's new health plan company must provide, upon request, authorization to receive
services that are otherwise covered under the terms of the new health plan through the
enrollee's current provider:
(1) for up to 120 days if the enrollee is engaged in a current course of treatment for one
or more of the following conditions:
(i) an acute condition;
(ii) a life-threatening mental or physical illness;
(iii) pregnancy deleted text beginbeyond the first trimester of pregnancydeleted text end;
(iv) a physical or mental disability defined as an inability to engage in one or more major
life activities, provided that the disability has lasted or can be expected to last for at least
one year, or can be expected to result in death; or
(v) a disabling or chronic condition that is in an acute phase; or
(2) for the rest of the enrollee's life if a physician certifies that the enrollee has an expected
lifetime of 180 days or less.
For all requests for authorization under this paragraph, the health plan company must grant
the request for authorization unless the enrollee does not meet the criteria provided in this
paragraph.
(b) The health plan company shall prepare a written plan that provides a process for
coverage determinations regarding continuity of care of up to 120 days for new enrollees
who request continuity of care with their former provider, if the new enrollee:
(1) is receiving culturally appropriate services and the health plan company does not
have a provider in its preferred provider network with special expertise in the delivery of
those culturally appropriate services within the time and distance requirements of section
62D.124, subdivision 1; or
(2) does not speak English and the health plan company does not have a provider in its
preferred provider network who can communicate with the enrollee, either directly or through
an interpreter, within the time and distance requirements of section 62D.124, subdivision
1.
The written plan must explain the criteria that will be used to determine whether a need for
continuity of care exists and how it will be provided.
(c) This subdivision applies only to group coverage and continuation and conversion
coverage, and applies only to changes in health plans made by the employer.
Minnesota Statutes 2022, section 62Q.73, subdivision 1, is amended to read:
For purposes of this section, "adverse determination" means:
(1) for individual health plans, a complaint decision relating to a health care service or
claim that is partially or wholly adverse to the complainant;
(2) an individual health plan that is grandfathered plan coverage may instead apply the
definition of adverse determination for group coverage in clause (3);
(3) for group health plans, a complaint decision relating to a health care service or claim
that has been appealed in accordance with section 62Q.70 and the appeal decision is partially
or wholly adverse to the complainant;
(4) any adverse determination, as defined in section 62M.02, subdivision 1a, that has
been appealed in accordance with section 62M.06 and the appeal did not reverse the adverse
determination;
(5) a decision relating to a health care service made by a health plan company licensed
under chapter 60A that denies the service on the basis that the service was not medically
necessary; deleted text beginor
deleted text end
(6) the enrollee has met the requirements of subdivision 6, paragraph (e)deleted text begin.deleted text endnew text begin; or
new text end
new text begin
(7) a decision relating to a health plan's coverage of nonparticipating provider services
as described in and subject to section 62Q.556, subdivision 1, paragraph (a).
new text end
An adverse determination does not include complaints relating to fraudulent marketing
practices or agent misrepresentation.
Minnesota Statutes 2022, section 62Q.73, subdivision 7, is amended to read:
(a) For an external review of any issue in an adverse
determination that does not require a medical necessity determination, the external review
must be based on whether the adverse determination was in compliance with the enrollee's
health benefit plannew text begin or section 62Q.556, subdivision 1, paragraph (a)new text end.
(b) For an external review of any issue in an adverse determination by a health plan
company licensed under chapter 62D that requires a medical necessity determination, the
external review must determine whether the adverse determination was consistent with the
definition of medically necessary care in Minnesota Rules, part 4685.0100, subpart 9b.
(c) For an external review of any issue in an adverse determination by a health plan
company, other than a health plan company licensed under chapter 62D, that requires a
medical necessity determination, the external review must determine whether the adverse
determination was consistent with the definition of medically necessary care in section
62Q.53, subdivision 2.
(d) For an external review of an adverse determination involving experimental or
investigational treatment, the external review entity must base its decision on all documents
submitted by the health plan company and enrollee, including:
(1) medical records;
(2) the recommendation of the attending physician, advanced practice registered nurse,
physician assistant, or health care professional;
(3) consulting reports from health care professionals;
(4) the terms of coverage;
(5) federal Food and Drug Administration approval; and
(6) medical or scientific evidence or evidence-based standards.
Minnesota Statutes 2022, section 62U.04, subdivision 4, is amended to read:
(a) All health plan companies and third-party administrators
shall submit encounter data on a monthly basis to a private entity designated by the
commissioner of health. The data shall be submitted in a form and manner specified by the
commissioner subject to the following requirements:
(1) the data must be de-identified data as described under the Code of Federal Regulations,
title 45, section 164.514;
(2) the data for each encounter must include an identifier for the patient's health care
home if the patient has selected a health care home and, for claims incurred on or after
January 1, 2019, data deemed necessary by the commissioner to uniquely identify claims
in the individual health insurance market; deleted text beginand
deleted text end
deleted text begin
(3) except for the identifier described in clause (2), the data must not include information
that is not included in a health care claim or equivalent encounter information transaction
that is required under section 62J.536.
deleted text end
new text begin
(3) effective January 1, 2023, data collected must
include enrollee race and ethnicity, to the extent available; and
new text end
new text begin
(4) except for the data described in clauses (2) and (3), the data must not include
information that is not included in a health care claim, dental care claim, or equivalent
encounter information transaction that is required under section 62J.536.
new text end
(b) The commissioner or the commissioner's designee shall only use the data submitted
under paragraph (a) to carry out the commissioner's responsibilities in this section, including
supplying the data to providers so they can verify their results of the peer grouping process
consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d),
and adopted by the commissioner and, if necessary, submit comments to the commissioner
or initiate an appeal.
(c) Data on providers collected under this subdivision are private data on individuals or
nonpublic data, as defined in section 13.02. Notwithstanding the definition of summary data
in section 13.02, subdivision 19, summary data prepared under this subdivision may be
derived from nonpublic data. The commissioner or the commissioner's designee shall
establish procedures and safeguards to protect the integrity and confidentiality of any data
that it maintains.
(d) The commissioner or the commissioner's designee shall not publish analyses or
reports that identify, or could potentially identify, individual patients.
(e) The commissioner shall compile summary information on the data submitted under
this subdivision. The commissioner shall work with its vendors to assess the data submitted
in terms of compliance with the data submission requirements and the completeness of the
data submitted by comparing the data with summary information compiled by the
commissioner and with established and emerging data quality standards to ensure data
quality.
Minnesota Statutes 2022, section 62U.04, subdivision 5, is amended to read:
(a) All health plan companiesnew text begin, dental plan companies,new text end and
third-party administrators shall submit, on a monthly basis, data on their contracted prices
with health care providers new text beginand dental care providers new text endto a private entity designated by the
commissioner of health for the purposes of performing the analyses required under this
subdivision. The data shall be submitted in the form and manner specified by the
commissioner of health.
(b) The commissioner or the commissioner's designee shall only use the data submitted
under this subdivision to carry out the commissioner's responsibilities under this section,
including supplying the data to providers so they can verify their results of the peer grouping
process consistent with the recommendations developed pursuant to subdivision 3c, paragraph
(d), and adopted by the commissioner and, if necessary, submit comments to the
commissioner or initiate an appeal.
(c) Data collected under this subdivision are nonpublic data as defined in section 13.02.
Notwithstanding the definition of summary data in section 13.02, subdivision 19, summary
data prepared under this section may be derived from nonpublic data. The commissioner
shall establish procedures and safeguards to protect the integrity and confidentiality of any
data that it maintains.
Minnesota Statutes 2022, section 62U.04, subdivision 6, is amended to read:
The commissioner may contract with a private entity or consortium
of entities to develop the standards. The private entity or consortium must be nonprofit and
have governance that includes representatives from the following stakeholder groups: health
care providers,new text begin dental care providers,new text end health plan companies,new text begin dental plan companies,new text end hospitals,
consumers, employers or other health care purchasers, and state government. The entity or
consortium must ensure that the representatives of stakeholder groups in the aggregate
reflect all geographic areas of the state. No one stakeholder group shall have a majority of
the votes on any issue or hold extraordinary powers not granted to any other governance
stakeholder.
new text begin
The Advisory Council on Water Supply Systems
and Wastewater Treatment Facilities shall advise the commissioners of health and the
Pollution Control Agency regarding classification of water supply systems and wastewater
treatment facilities, qualifications and competency evaluation of water supply system
operators and wastewater treatment facility operators, and additional laws, rules, and
procedures that may be desirable for regulating the operation of water supply systems and
of wastewater treatment facilities. The advisory council is composed of 11 voting members,
of whom:
new text end
new text begin
(1) one member must be from the Department of Health, Division of Environmental
Health, appointed by the commissioner of health;
new text end
new text begin
(2) one member must be from the Pollution Control Agency appointed by the
commissioner of the Pollution Control Agency;
new text end
new text begin
(3) three members must be certified water supply system operators, appointed by the
commissioner of health, one of whom must represent a nonmunicipal community or
nontransient noncommunity water supply system;
new text end
new text begin
(4) three members must be certified wastewater treatment facility operators, appointed
by the commissioner of the Pollution Control Agency;
new text end
new text begin
(5) one member must be a representative from an organization representing municipalities,
appointed by the commissioner of health with the concurrence of the commissioner of the
Pollution Control Agency; and
new text end
new text begin
(6) two members must be members of the public who are not associated with water
supply systems or wastewater treatment facilities. One must be appointed by the
commissioner of health and the other by the commissioner of the Pollution Control Agency.
Consideration should be given to one of these members being a representative of academia
knowledgeable in water or wastewater matters.
new text end
new text begin
At least one of the water supply system operators
and at least one of the wastewater treatment facility operators must be from outside the
seven-county metropolitan area and one wastewater operator must be from the Metropolitan
Council.
new text end
new text begin
The terms of the appointed members and the
compensation and removal of all members are governed by section 15.059.
new text end
new text begin
When new members are appointed to the council, a chair must be
elected at the next council meeting. The Department of Health representative shall serve as
secretary of the council.
new text end
Minnesota Statutes 2022, section 121A.335, subdivision 3, is amended to read:
deleted text begin(a)deleted text end The plan under subdivision 2 must include a testing
schedule for every building serving prekindergarten through grade 12 students. The schedule
must require that each building be tested at least once every five years. A school district or
charter school must begin testing school buildings by July 1, 2018, and complete testing of
all buildings that serve students within five years.
deleted text begin
(b) A school district or charter school that finds lead at a specific location providing
cooking or drinking water within a facility must formulate, make publicly available, and
implement a plan that is consistent with established guidelines and recommendations to
ensure that student exposure to lead is minimized. This includes, when a school district or
charter school finds the presence of lead at a level where action should be taken as set by
the guidance in any water source that can provide cooking or drinking water, immediately
shutting off the water source or making it unavailable until the hazard has been minimized.
deleted text end
Minnesota Statutes 2022, section 121A.335, subdivision 5, is amended to read:
new text begin(a) new text endA school district or charter school that has tested its buildings
for the presence of lead shall make the results of the testing available to the public for review
and must new text begindirectly new text endnotify parentsnew text begin annuallynew text end of the availability of the information. School
districts and charter schools must follow the actions outlined in guidance from the
commissioners of health and education. deleted text beginIf a test conducted under subdivision 3, paragraph
(a), reveals the presence of lead above a level where action should be taken as set by the
guidance, the school district or charter school must, within 30 days of receiving the test
result, either remediate the presence of lead to below the level set in guidance, verified by
retest, or directly notify parents of the test result. The school district or charter school must
make the water source unavailable until the hazard has been minimized.
deleted text end
new text begin
(b) Results of testing, and any planned remediation steps, shall be made available within
30 days of receiving results.
new text end
new text begin
(c) A school district or charter school that has tested for lead in drinking water shall
report the results of testing, and any planned remediation steps to the school board at the
next available school board meeting or within 30 days of receiving results, whichever is
sooner.
new text end
new text begin
(d) The school district or charter school shall maintain records of lead testing in drinking
water records electronically or by paper copy for at least 15 years.
new text end
new text begin
(e) Beginning July 1, 2024, school districts and charter schools must report their test
results and remediation activities to the commissioner of health annually on or before July
1 of each year.
new text end
Minnesota Statutes 2022, section 121A.335, is amended by adding a subdivision
to read:
new text begin
(a) A school district or charter school that finds lead above five
parts per billion at a specific location providing cooking or drinking water within a facility
must formulate, make publicly available, and implement a plan to remediate the lead in
drinking water. The plan must be consistent with established guidelines and recommendations
to ensure exposure to lead is remediated.
new text end
new text begin
(b) When lead is found above five parts per billion the water fixture shall immediately
be shut off or made unavailable for consumption until the hazard has been minimized as
verified by a test.
new text end
new text begin
(c) If the school district or charter school receives water from a public water supply that
has an action level exceedance of the federal Lead and Copper Rule, it may delay remediation
activities until the public water system meets state and federal requirements for the Lead
and Copper Rule. If the school district or charter school receives water from a lead service
line or other lead infrastructure owned by the public water supply, the school district may
delay remediation of fixtures until the lead service line is fully replaced. The school must
ensure that any fixture testing above five parts per billion is not used for consumption until
remediation activities are complete.
new text end
new text begin
The commissioner of health shall establish the Minnesota
One Health Antimicrobial Stewardship Collaborative. The commissioner shall appoint a
director to execute operations, conduct health education, and provide technical assistance.
new text end
new text begin
The commissioner of health shall oversee a program
to:
new text end
new text begin
(1) maintain the position of director of One Health Antimicrobial Stewardship to lead
state antimicrobial stewardship initiatives across human, animal, and environmental health;
new text end
new text begin
(2) communicate to professionals and the public the interconnectedness of human, animal,
and environmental health, especially related to preserving the efficacy of antibiotic
medications, which are a shared resource;
new text end
new text begin
(3) leverage new and existing partnerships. The commissioner of health shall consult
and collaborate with organizations and agencies in fields including but not limited to health
care, veterinary medicine, animal agriculture, academic institutions, and industry and
community organizations to inform strategies for education, practice improvement, and
research in all settings where antimicrobials are used;
new text end
new text begin
(4) ensure that veterinary settings have education and strategies needed to practice
appropriate antibiotic prescribing, implement clinical antimicrobial stewardship programs,
and prevent transmission of antimicrobial-resistant microbes; and
new text end
new text begin
(5) support collaborative research and programmatic initiatives to improve the
understanding of the impact of antimicrobial use and resistance in the natural environment.
new text end
new text begin
For the purpose of this section, "drug overdose and morbidity"
means health problems that people experience after inhaling, ingesting, or injecting medicines
in quantities that exceed prescription status; medicines taken that are prescribed to a different
person; medicines that have been adulterated or adjusted by contaminants intentionally or
unintentionally; or nonprescription drugs in amounts that result in morbidity or mortality.
new text end
new text begin
(a) The commissioner of health shall establish a comprehensive
drug overdose and morbidity program to conduct comprehensive drug overdose and morbidity
prevention, epidemiologic investigations and surveillance, and evaluation to monitor, address
and prevent drug overdose statewide through eight integrated strategies that include efforts
to:
new text end
new text begin
(1) advance access to evidence based nonnarcotic pain management services;
new text end
new text begin
(2) implement culturally specific interventions and prevention programs with population
and community groups in greatest need, including those who are pregnant and their infants;
new text end
new text begin
(3) enhance overdose prevention and supportive services for people experiencing
homelessness. This strategy includes funding for emergency and short-term housing subsidies
through the homeless overdose prevention hub and expanding support for syringe services
programs serving people experiencing homelessness statewide;
new text end
new text begin
(4) equip employers to promote health and well-being of employees by addressing
substance misuse and drug overdose;
new text end
new text begin
(5) improve outbreak detection and identification of substances involved in overdoses
through the expansion of the Minnesota Drug Overdose and Substance Use Surveillance
Activity (MNDOSA);
new text end
new text begin
(6) implement Tackling Overdose With Networks (TOWN) community prevention
programs;
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(7) identify, address, and respond to drug overdose and morbidity in those who are
pregnant or have just given birth through multitiered approaches that may:
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(i) promote medication-assisted treatment options;
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(ii) support programs that provide services in accord with evidence-based care models
for mental health and substance abuse disorder;
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(iii) collaborate with interdisciplinary and professional organizations that focus on quality
improvement initiatives related to substance use disorder; and
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(iv) implement substance use disorder related recommendations from the maternal
mortality review committee, as appropriate; and
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(8) design a system to assess, address, and prevent the impacts of drug overdose and
morbidity on those who are pregnant, their infants, and children. Specifically, the
commissioner of health may:
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(i) systematically collect data to identify, analyze, and interpret the impact, incidence,
incidence trends, conditions, treatments, and health, educational, and developmental outcomes
associated with in utero exposure to maternal substance use; and
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(ii) collect data, including on diagnosis, management, interventions, and outcomes, from
relevant sources identified by the commissioner, including hospitals, clinics, laboratory
settings, and other entities and providers involved in the care or treatment of infants, children,
and those who are pregnant, and may do so in collaboration with other prenatal, newborn,
and child-related public health data collection systems;
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(iii) inform health care providers and the public of the prevalence, risks, conditions, and
treatments associated with substance use disorders involving or affecting pregnancies,
infants, and children; and
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(iv) identify communities, families, infants, and children affected by substance use
disorder in order to recommend focused interventions, prevention, and services.
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(b) Individually identifiable data collected or maintained by the Department of Health
under this subdivision is subject to the provisions of subdivision 9, paragraph (a).
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The commissioner of health may consult with sovereign Tribal
nations, the Minnesota Departments of Human Services, Corrections, Public Safety, and
Education, local public health agencies, care providers and insurers, community organizations
that focus on substance abuse risks and recovery, individuals affected by substance use
disorders, and any other individuals, entities, and organizations as necessary to carry out
the goals of this section.
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(a) The commissioner of health may award grants, as
funding allows, to entities and organizations focused on addressing and preventing the
negative impacts of drug overdose and morbidity. Examples of activities the commissioner
may consider for these grant awards include:
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(1) developing, implementing, or promoting drug overdose and morbidity prevention
programs and activities;
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(2) community outreach and other efforts addressing the root causes of drug overdose
and morbidity;
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(3) identifying risk and protective factors relating to drug overdose and morbidity that
contribute to identification, development, or improvement of prevention strategies and
community outreach;
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(4) developing or providing trauma-informed drug overdose and morbidity prevention
and services;
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(5) developing or providing culturally and linguistically appropriate drug overdose and
morbidity prevention and services, and programs that target and serve historically underserved
communities;
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(6) working collaboratively with educational institutions, including school districts, to
implement drug overdose and morbidity prevention strategies for students, teachers, and
administrators;
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(7) working collaboratively with sovereign Tribal nations, care providers, nonprofit
organizations, for-profit organizations, government entities, community-based organizations,
and other entities to implement substance misuse and drug overdose prevention strategies
within their communities; and
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(8) creating or implementing quality improvement initiatives to improve drug overdose
and morbidity treatment and outcomes.
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(b) Any organization or government entity receiving grant money under this section
must collect and make available to the commissioner of health aggregate data related to the
activity funded by the program under this section. The commissioner of health shall use the
information and data from the program evaluation to inform the administration of existing
Department of Health programming and the development of Department of Health policies,
programs, and procedures.
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In fiscal years 2026 and beyond, the commissioner
may spend up to 25 percent of the total funding appropriated to the comprehensive drug
overdose and morbidity program in each fiscal year to promote, administer, support, and
evaluate the programs authorized under this section and to provide technical assistance to
program grantees.
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The commissioner may accept contributions from
governmental and nongovernmental sources and may apply for grants to supplement state
appropriations for the programs authorized under this section. Contributions and grants
received from the sources identified in this subdivision to advance the purpose of this section
are appropriated to the comprehensive drug overdose and morbidity program.
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Beginning February 28, 2024, he commissioner of health
shall report every even-numbered year to the legislative committees with jurisdiction over
health detailing the expenditures of funds authorized under this section. The commissioner
shall use the data to evaluate the effectiveness of the program. The commissioner must
include in the report:
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(1) the number of organizations receiving grant money under this section;
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(2) the number of individuals served by the grant programs;
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(3) a description and analysis of the practices implemented by program grantees; and
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(4) best practices recommendations to prevent drug overdose and morbidity, including
culturally relevant best practices and recommendations focused on historically underserved
communities.
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The commissioner of health shall assess and evaluate grants
and contracts awarded using available data sources, including but not limited to the Minnesota
All Payer Claims Database (MN APCD), the Minnesota Behavioral Risk Factor Surveillance
System (BRFSS), the Minnesota Student Survey, vital records, hospitalization data,
syndromic surveillance, and the Minnesota Electronic Health Record Consortium.
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(a) Individually identifiable data collected or maintained
by the comprehensive drug overdose and morbidity program under subdivision 2, clause
(8), are classified as private data on individuals, as defined in section 13.02, subdivision 3.
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(b) Private data identified in paragraph (a) shall not be introduced into evidence in any
administrative, civil, or criminal proceeding, or disclosed in response to discovery requests,
subpoenas, or investigative demands. These disclosure and evidentiary restrictions only
apply to data collected or maintained by the comprehensive drug overdose and morbidity
program and do not apply to data obtained from alternative sources.
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(a) For purposes of this section and section 144.0552, the
following terms have the meanings given.
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(b) "Commissioner" means the commissioner of health.
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(c) "Law-enforcement-involved deadly force encounter" refers to any death where all
of the following criteria are met:
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(1) the death was sustained during an encounter between one or more law enforcement
officials, including peace officers, state troopers, sheriffs, active military, national guard,
correctional officers, federal agents, DNR officers, and private security guards, enforcement
personnel brought in from other jurisdictions, and one or more civilians;
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(2) the death occurred during the officer's use of force while the officer is on duty or off
duty but performing activities that are within the scope of the officer's law enforcement
duties;
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(3) the law enforcement official, whether on or off duty, was acting with the intention
of arresting individuals that break the law, suppressing disturbances, maintaining order, or
performing another legal action; and
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(4) the injury leading to death took place outside of a jail or prison setting within the
state.
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(d) "Use of force" refers to the effort required by police to compel compliance by an
unwilling subject. Use of force is the means of compelling compliance or overcoming
resistance to an officer's command or commands to protect life or property or to take a
person into custody. Types of force may include but are not limited to verbal, physical,
chemical, impact, electronic device, use of restraints, firearm or other weapons, and deaths
from use of vehicles or from police chase.
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(a) The commissioner shall routinely collect and
analyze data on the prevalence and incidence of law-enforcement-involved deadly force
encounters in Minnesota. The commissioner shall routinely report findings to the legislature
and to the public.
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(b) Notwithstanding any law to the contrary, data on an individual collected by the
commissioner in conducting an investigation to reduce law enforcement-involved deadly
force encounters morbidity or mortality are not subject to discovery in a legal action.
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(c) The commissioner shall convene the Sentinel Event Review Committee (SERC) with
representation from the following:
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(1) Bureau of Criminal Apprehension;
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(2) Board of Peace Officer Standards and Training;
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(3) Department of Health;
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(4) Department of Human Rights;
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(5) Department Of Corrections;
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(6) Department of Human Services;
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(7) A Minnesota medical examiner or coroner; and
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(8) two appointed members at large.
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(d) Members will be appointed to two-year terms, with up to two consecutive
reappointments but not more than six years served consecutively. Local jurisdiction
participation will be determined by the commissioner in consultation with local officials
where the event occurred and organizations that provided services to the decedent, with up
to five participants appointed per case. Participants must include but not be limited to law
enforcement, public health officials, medical and social service providers, and community
members. A member may not be a current or former employee of the agency that is the
subject of the team's review.
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(e) The commissioner shall convene the SERC no later than March 1, 2024, and provide
meeting space and administrative assistance necessary for the SERC to conduct its work,
including documentation of convenings and findings in collaboration and coordination of
committee members and submission of required reports. The commissioner's staff must
facilitate the convenings and establish the sentinel event review process.
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(a) Initial review by the commissioner's staff will be
completed within 90 days of the event to determine any immediate action, appropriate local
representation, and timeline for review by the SERC.
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(b) The SERC is charged with identifying and analyzing the root causes of the incident.
Following the analysis, the SERC must prepare a report that recommends policy and system
changes to reduce and prevent future incidents across jurisdictions, agencies, and systems.
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(c) The full review needs to be completed within six months of the event, or as soon as
is practicable, and the report must be filed with the commissioner of health and agency that
employed the peace officer involved in the event within 60 days of completion of the review.
The commissioner of health must post the report on the Department of Health public website.
The posted report must comply with chapter 13, and any data that is not public data must
be redacted.
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(d) By June 15 of each year, the SERC shall report to the chairs and ranking minority
members of the house of representatives and senate committees and divisions with jurisdiction
over public safety on the number of reviews performed under this subdivision, aggregate
data on those reviews, the number of reviews that included a recommendation that the
agency under review implement a corrective action plan, a description of any
recommendations made to the commissioner of public safety statewide training of peace
officers, and recommendations for legislative action.
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(a) The SERC team shall collect, review, and analyze data
related to the decedent and law enforcement official involved.
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Data may include death certificates and death data, including investigative reports,
medical and counseling records, victim service records, employment records, survivor
interviews and surveys, witness accounts of incident, or other pertinent information
concerning decedent's life and access to services as determined by the SERC.
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Data may include law enforcement official's employment record, employment institution's
standard operating procedures, and other pertinent information concerning law enforcement
officer and law enforcement agency.
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(b) The review team has access to the following not public data, as defined in section
13.02, subdivision 8a, relating to a case being reviewed by the SERC: inactive law
enforcement investigative data under section 13.82; autopsy records and coroner or medical
examiner investigative data under section 13.83; hospital, public health, or other medical
records of the victim under section 13.384; records under section 13.46, created by social
service agencies that provided services to the victim, the alleged perpetrator, or another
victim who experienced use of force or was threatened by the peace officer; and data relating
to the victim or a family or household member of the victim. Access to medical records
under this paragraph also includes records governed by sections 144.291 to 144.298. The
SERC has access to corrections and detention data as provided in section 13.85.
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(c) As part of any review, the SERC may compel the production of other records by
applying to the district court for a subpoena, which will be effective throughout the state
according to the Rules of Civil Procedure.
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A person attending a SERC meeting may
not disclose what transpired at the meeting, except to carry out the purposes of the review
or as otherwise provided in this subdivision. The SERC may disclose the names of the
victims in the cases it reviewed. The proceedings and records of the SERC are confidential
data as defined in section 13.02, subdivision 3, or protected nonpublic data as defined in
section 13.02, subdivision 13, regardless of their classification in the hands of the person
who provided the data, and are not subject to discovery or introduction into evidence in a
civil or criminal action against a professional, the state, or a county agency, arising out of
the matters the team is reviewing. Information, documents, and records otherwise available
from other sources are not immune from discovery or use in a civil or criminal action solely
because they were presented during proceedings of the SERC. This section does not limit
a person who presented information before the SERC or who is a member of the panel from
testifying about matters within the person's knowledge. However, in a civil or criminal
proceeding, a person may not be questioned about the person's good faith presentation of
information to the SERC or opinions formed by the person as a result of the SERC meetings.
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Any data disclosure other than as provided for in
this section is a misdemeanor and punishable as such.
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Members of the SERC are immune from claims and are not subject
to any suits, liability, damages, or any other recourse, civil or criminal, arising from any
act, proceeding, decision, or determination undertaken or performed or recommendation
made by the SERC, provided they acted in good faith and without malice in carrying out
their responsibilities. Good faith is presumed unless proven otherwise and the complainant
has the burden of proving malice or a lack of good faith. No organization, institution, or
person furnishing information, data, testimony, reports, or records to the domestic fatality
review team as part of an investigation is civilly or criminally liable or subject to any other
recourse for providing the information.
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The commissioner shall establish a grant
program to fund community grants to implement actionable recommendations developed
by the SERC.
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The commissioner shall establish an 18-member law
enforcement-involved deadly force encounters community advisory committee. The
commissioner shall provide the advisory committee with staff support, office space, and
access to office equipment and services. Members appointed by the commissioner are
appointed for a three-year term and may be reappointed. Nonstate employee members of
the advisory committee will be compensated at the rate of $55 per day spent on committee
activities, plus expenses, when authorized by the committee as described in section 15.059,
subdivision 3. Meetings must be held twice yearly, with additional meetings scheduled as
necessary.
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(a) The commissioner shall appoint up to 18 members, none of
whom may be lobbyists registered under chapter 10A, including:
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(1) at least nine members from Minnesota-based nongovernmental organizations that
advocate on behalf of relevant community groups in Minnesota;
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(2) at least one academic partner with experience studying racial equity in health; and
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(3) up to eight representatives from relevant state agencies.
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(b) The advisory committee may also invite other relevant persons to serve on an ad hoc
basis and participate as full members of the review team for a particular review. These
persons may include but are not limited to:
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(1) individuals with expertise that would be helpful to the review panel; or
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(2) representatives of organizations or agencies that had contact with or provided services
to the decedent.
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The advisory committee shall:
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(1) advise the commissioner and other state agencies on:
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(i) health outcomes related to law-enforcement-involved deadly force encounters and
priorities for data collection and public health research;
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(ii) specific communities and geographic areas on which to focus prevention efforts;
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(iii) opportunities for community partnerships and sources of additional funding;
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(2) review and discuss reports and recommendations drafted by the Sentinel Event
Review Committee; and
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(3) review applications for community-based grants as described in section 144.0551,
subdivision 8, and advise the department on which applications should be funded.
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The commissioner of health shall establish:
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(1) a cultural communications program that advances culturally and linguistically
appropriate communication services for communities most impacted by health disparities
which includes limited English proficient (LEP) populations, African American, LGBTQ+,
and people with disabilities; and
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(2) a position that works with department leadership and division to ensure that the
department follows the National Standards for Culturally and Linguistically Appropriate
Services (CLAS) Standards.
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The commissioner of health shall oversee a program
to:
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(1) align the department services, policies, procedures, and governance with the National
CLAS Standards and establish culturally and linguistically appropriate goals, policies, and
management accountability and apply them throughout the organization's planning and
operations;
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(2) ensure the department services respond to the cultural and linguistic diversity of
Minnesotans and that the department partners with the community to design, implement,
and evaluate policies, practices, and services that are aligned with the national cultural and
linguistic appropriateness standard; and
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(3) ensure the department leadership, workforce, and partners embed culturally and
linguistically appropriate policies and practices into leadership and public health program
planning, intervention, evaluation, and dissemination.
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Organizations eligible to receive contract funding under
this section include:
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(1) master contractors that are selected through the state to provide language and
communication services; and
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(2) organizations that are able to provide services for languages that master contracts
are unable to cover.
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The commissioner of health shall support
collaboration and coordination between state and community partners to improve the health
and wellbeing of people with disabilities by addressing health disparities and equity barriers
to health care and preventative services for chronic diseases and other social determinants
of health. The commissioner, in consultation with the Olmstead Implementation Office,
Department of Human Services, Board on Aging, Minnesota Council on Disability, health
care professionals, local public health agencies, and other community organizations that
serve people with disabilities, shall routinely identify priorities and action steps to address
identified gaps in services, resources, and tools.
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The commissioner shall conduct a community needs
assessment and establish a health surveillance and tracking plan in collaboration with
community and organizational partners to identify and address disability health disparities.
The commissioner shall sponsor a public disability data dashboard to report on health
outcomes for people with disabilities. The data shall inform comprehensive disability health
planning, complete with health goals and wellness benchmarks, to prioritize public health
programming for people with disabilities.
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The commissioner shall establish community-based grants
to support establishment of inclusive evidence-based chronic disease prevention and
management services to address identified gaps and disparities in services.
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The commissioner shall provide and evaluate training
and capacity-building technical assistance on disability inclusion health training, complete
with accessible preventive health care for public health and health care providers of chronic
disease prevention and management programs and services.
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Grantees must report grant program outcomes to the commissioner on
the forms and according to the timelines established by the commissioner.
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The commissioner shall convene an external disability
community advisory group comprised of people with disabilities, community organizations,
and other partners and stakeholders to advise the department on disability health equity
programs and initiatives through an intersectional disability justice lens. The advisory group
shall also provide guidance regarding the accessibility of department programming and
operations for people with disabilities.
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The commissioner shall establish the Office of African American Health to address the
unique public health needs of African American Minnesotans and work to develop solutions
and systems to address identified health disparities of African American Minnesotans arising
from a context of cumulative and historical discrimination and disadvantages in multiple
systems, including but not limited to housing, education, employment, gun violence,
incarceration, environmental factors, and health care discrimination and shall:
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(1) convene the African American Health State Advisory Council (AAHSAC) under
section 144.0755 to advise the commissioner on issues and to develop specific, targeted
policy solutions to improve the health of African American Minnesotans, with a focus on
US-born African Americans;
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(2) based upon input from and collaboration with the AAHSAC, health indicators, and
identified disparities, conduct analysis and develop policy and program recommendations
and solutions targeted at improving African American health outcomes;
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(3) coordinate and conduct community engagement across multiple systems, sectors,
and communities to address racial disparities in labor force participation, educational
achievement, and involvement with the criminal justice system that impact African American
health and well-being;
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(4) conduct data analysis and research to support policy goals and solutions;
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(5) award and administer African American health special emphasis grants to health and
community-based organizations to plan and develop programs targeted at improving African
American health outcomes, based upon needs identified by the council, health indicators,
and identified disparities and addressing historical trauma and systems of US born African
American Minnesotans; and
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(6) develop and administer Department of Health immersion experiences for students
in secondary education and community colleges to improve diversity of the public health
workforce and introduce career pathways that contribute to reducing health disparities.
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The commissioner of health shall establish
and administer the African American Health State Advisory Council to advise the
commissioner on implementing specific strategies to reduce health inequities and disparities
that particularly affect African Americans in Minnesota.
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(a) The council shall include no fewer than 12 or more than 20
members from any of the following groups:
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(1) representatives of community-based organizations serving or advocating for African
American citizens;
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(2) at-large community leaders or elders, as nominated by other council members;
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(3) African American individuals who provide and receive health care services;
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(4) African American secondary or college students;
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(5) health or human service professionals serving African American communities or
clients;
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(6) representatives with research or academic expertise in racial equity; and
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(7) other members that the commissioner deems appropriate to facilitate the goals and
duties of the council.
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(b) The commissioner shall make recommendations for committee membership and,
after considering recommendations from the council, shall appoint a chair or chairs of the
committee. Committee members shall be appointed by the governor.
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A term shall be for two years and appointees may be reappointed to
serve two additional terms. The commissioner shall recommend appointments to replace
members vacating their positions in a timely manner, no more than three months after the
council reviews panel recommendations.
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The commissioner or commissioner's designee shall:
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(1) maintain and actively engage with the council established in this section;
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(2) based on recommendations of the council, review identified department or other
related policies or practices that maintain health inequities and disparities that particularly
affect African Americans in Minnesota;
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(3) in partnership with the council, recommend or implement action plans and resources
necessary to address identified disparities and advance African American health equity;
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(4) support interagency collaboration to advance African American health equity; and
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(5) support member participation in the council, including participation in educational
and community engagement events across Minnesota that specifically address African
American health equity.
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The council shall:
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(1) identify health disparities found in African American communities and contributing
factors;
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(2) recommend to the commissioner for review any statutes, rules, or administrative
policies or practices that would address African American health disparities;
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(3) recommend policies and strategies to the commissioner of health to address disparities
specifically affecting African American health;
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(4) form work groups of council members who are persons who provide and receive
services and representatives of advocacy groups;
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(5) provide the work groups with clear guidelines, standardized parameters, and tasks
for the work groups to accomplish; and
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(6) annually submit to the commissioner a report that summarizes the activities of the
council, identifies disparities specially affecting the health of African American Minnesotans,
and makes recommendations to address identified disparities.
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The members of the council shall:
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(1) attend scheduled meetings with no more than three absences per year, participate in
scheduled meetings, and prepare for meetings by reviewing meeting notes;
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(2) maintain open communication channels with respective constituencies;
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(3) identify and communicate issues and risks that may impact the timely completion
of tasks;
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(4) participate in any activities the council or commissioner deems appropriate and
necessary to facilitate the goals and duties of the council; and
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(5) participate in work groups to carry out council duties.
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The commissioner shall provide the advisory
council with staff support, office space, and access to office equipment and services.
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Compensation or reimbursement for travel and expenses, or
both, incurred for council activities is governed in accordance with section 15.059,
subdivision 3.
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The commissioner of health shall establish the African
American health special emphasis grant program administered by the Office of African
American Health. The purposes of the program are to:
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(1) identify disparities impacting African American health arising from cumulative and
historical discrimination and disadvantages in multiple systems, including but not limited
to housing, education, employment, gun violence, incarceration, environmental factors, and
health care discrimination; and
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(2) develop community-based solutions that incorporate a multisector approach to
addressing identified disparities impacting African American health.
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As directed by the
commissioner of health, the Office of African American Health shall:
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(1) develop a request for proposals for an African American health special emphasis
grant program in consultation with community stakeholders;
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(2) provide outreach, technical assistance, and program development guidance to potential
qualifying organizations or entities;
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(3) review responses to requests for proposals in consultation with community
stakeholders and award grants under this section;
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(4) establish a transparent and objective accountability process in consultation with
community stakeholders, focused on outcomes that grantees agree to achieve;
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(5) provide grantees with access to summary and other public data to assist grantees in
establishing and implementing effective community-led solutions; and
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(6) collect and maintain data on outcomes reported by grantees.
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Organizations eligible to receive grant funding under this
section include nonprofit organizations or entities that work with African American
communities or are focused on addressing disparities impacting the health of African
American communities.
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In
developing the requests for proposals and awarding the grants, the commissioner and the
Office of African American Health shall consider building upon the existing capacity of
communities and on developing capacity where it is lacking. Proposals shall focus on
addressing health equity issues specific to US-born African American communities;
addressing the health impact of historical trauma; and reducing health disparities experienced
by US-born African American communities; and incorporating a multisector approach to
addressing identified disparities.
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Grantees must report grant program outcomes to the commissioner on
the forms and according to timelines established by the commissioner.
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The Office of American Indian Health is established to address
unique public health needs of American Indian Tribal communities in Minnesota, and shall:
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(1) coordinate with Minnesota's Tribal Nations and urban American Indian
community-based organizations to identify underlying causes of health disparities, address
unique health needs of Minnesota's Tribal communities, and develop public health approaches
to achieve health equity;
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(2) strengthen capacity of American Indian and community-based organizations and
Tribal Nations to address identified health disparities and needs;
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(3) administer state and federal grant funding opportunities targeted to improve the
health of American Indians;
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(4) provide overall leadership for targeted development of holistic health and wellness
strategies to improve health and to support Tribal and urban American Indian public health
leadership and self-sufficiency;
new text end
new text begin
(5) provide technical assistance to Tribal and American Indian urban community leaders
to develop culturally appropriate activities to address public health emergencies;
new text end
new text begin
(6) develop and administer the department immersion experiences for American Indian
students in secondary education and community colleges to improve diversity of the public
health workforce and introduce career pathways that contribute to reducing health disparities;
and
new text end
new text begin
(7) identify and promote workforce development strategies for Department of Health
staff to work with the American Indian population and Tribal Nations more effectively in
Minnesota.
new text end
new text begin
To carry out these duties, the office may contract with
or provide grants to qualifying entities.
new text end
new text begin
The commissioner of health shall establish the American
Indian health special emphasis grant program. The purposes of the program are to:
new text end
new text begin
(1) plan and develop programs targeted to address continuing and persistent health
disparities of Minnesota's American Indian population and improve American Indian health
outcomes based upon needs identified by health indicators and identified disparities;
new text end
new text begin
(2) identify disparities in American Indian health arising from cumulative and historical
discrimination; and
new text end
new text begin
(3) plan and develop community-based solutions with a multisector approach to
addressing identified disparities in American Indian health.
new text end
new text begin
The commissioner of health shall:
new text end
new text begin
(1) develop a request for proposals for an American Indian special emphasis grant
program in consultation with Minnesota's Tribal Nations and urban American Indian
community-based organizations based upon needs identified by the community, health
indicators, and identified disparities;
new text end
new text begin
(2) provide outreach, technical assistance, and program development guidance to potential
qualifying organizations or entities;
new text end
new text begin
(3) review responses to requests for proposals in consultation with community
stakeholders and award grants under this section;
new text end
new text begin
(4) establish a transparent and objective accountability process in consultation with
community stakeholders focused on outcomes that grantees agree to achieve;
new text end
new text begin
(5) provide grantees with access to data to assist grantees in establishing and
implementing effective community-led solutions; and
new text end
new text begin
(6) collect and maintain data on outcomes reported by grantees.
new text end
new text begin
Organizations eligible to receive grant funding under this
section are Minnesota's Tribal Nations and urban American Indian community-based
organizations.
new text end
new text begin
In
developing the proposals and awarding the grants, the commissioner shall consider building
upon the existing capacity of Minnesota's Tribal Nations and urban American Indian
community-based organizations and on developing capacity where it is lacking. Proposals
should focus on addressing health equity issues specific to Tribal and urban American Indian
communities; addressing the health impact of historical trauma; reducing health disparities
experienced by American Indian communities; and incorporating a multisector approach
to addressing identified disparities.
new text end
new text begin
Grantees must report grant program outcomes to the commissioner on
the forms and according to the timelines established by the commissioner.
new text end
new text begin
The commissioner may award a grant to a statewide, nonprofit organization to support
Public Health AmeriCorps members. The organization awarded the grant shall provide the
commissioner with any information needed by the commissioner to evaluate the program
in the form and at the timelines specified by the commissioner.
new text end
new text begin
The commissioner shall administer a grant program
for up to six Minnesota libraries to establish and manage telehealth locations to improve
access to health care for individuals who currently lack access to health services, do not
have adequate technology resources in their homes to access health care or mental health
services from their home, or lack technology literacy. The program will monitor progress,
conduct an overall evaluation of effectiveness, and report results to the commissioner who
may make recommendations for future or continuing program investments.
new text end
new text begin
This section expires June 31, 2027.
new text end
Minnesota Statutes 2022, section 144.122, is amended to read:
(a) The state commissioner of health, by rule, may prescribe procedures and fees for
filing with the commissioner as prescribed by statute and for the issuance of original and
renewal permits, licenses, registrations, and certifications issued under authority of the
commissioner. The expiration dates of the various licenses, permits, registrations, and
certifications as prescribed by the rules shall be plainly marked thereon. Fees may include
application and examination fees and a penalty fee for renewal applications submitted after
the expiration date of the previously issued permit, license, registration, and certification.
The commissioner may also prescribe, by rule, reduced fees for permits, licenses,
registrations, and certifications when the application therefor is submitted during the last
three months of the permit, license, registration, or certification period. Fees proposed to
be prescribed in the rules shall be first approved by the Department of Management and
Budget. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be
in an amount so that the total fees collected by the commissioner will, where practical,
approximate the cost to the commissioner in administering the program. All fees collected
shall be deposited in the state treasury and credited to the state government special revenue
fund unless otherwise specifically appropriated by law for specific purposes.
(b) The commissioner may charge a fee for voluntary certification of medical laboratories
and environmental laboratories, and for environmental and medical laboratory services
provided by the department, without complying with paragraph (a) or chapter 14. Fees
charged for environment and medical laboratory services provided by the department must
be approximately equal to the costs of providing the services.
(c) The commissioner may develop a schedule of fees for diagnostic evaluations
conducted at clinics held by the services for children with disabilities program. All receipts
generated by the program are annually appropriated to the commissioner for use in the
maternal and child health program.
(d) The commissioner shall set license fees for hospitals and nursing homes that are not
boarding care homes at the following levels:
Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and American Osteopathic Association (AOA) hospitals |
$7,655 plus $16 per bed |
Non-JCAHO and non-AOA hospitals |
$5,280 plus $250 per bed |
Nursing home |
$183 plus $91 per bed until June 30, 2018. $183 plus $100 per bed between July 1, 2018, and June 30, 2020. $183 plus $105 per bed beginning July 1, 2020. |
The commissioner shall set license fees for outpatient surgical centers, boarding care
homes, supervised living facilities, assisted living facilities, and assisted living facilities
with dementia care at the following levels:
Outpatient surgical centers |
$3,712 |
Boarding care homes |
$183 plus $91 per bed |
Supervised living facilities |
$183 plus $91 per bed. |
Assisted living facilities with dementia care |
$3,000 plus $100 per resident. |
Assisted living facilities |
$2,000 plus $75 per resident. |
Fees collected under this paragraph are nonrefundable. The fees are nonrefundable even if
received before July 1, 2017, for licenses or registrations being issued effective July 1, 2017,
or later.
(e) Unless prohibited by federal law, the commissioner of health shall charge applicants
the following fees to cover the cost of any initial certification surveys required to determine
a provider's eligibility to participate in the Medicare or Medicaid program:
Prospective payment surveys for hospitals |
$ |
900 |
Swing bed surveys for nursing homes |
$ |
1,200 |
Psychiatric hospitals |
$ |
1,400 |
Rural health facilities |
$ |
1,100 |
Portable x-ray providers |
$ |
500 |
Home health agencies |
$ |
1,800 |
Outpatient therapy agencies |
$ |
800 |
End stage renal dialysis providers |
$ |
2,100 |
Independent therapists |
$ |
800 |
Comprehensive rehabilitation outpatient facilities |
$ |
1,200 |
Hospice providers |
$ |
1,700 |
Ambulatory surgical providers |
$ |
1,800 |
Hospitals |
$ |
4,200 |
Other provider categories or additional resurveys required to complete initial certification |
Actual surveyor costs: average surveyor cost x number of hours for the survey process. |
These fees shall be submitted at the time of the application for federal certification and
shall not be refunded. All fees collected after the date that the imposition of fees is not
prohibited by federal law shall be deposited in the state treasury and credited to the state
government special revenue fund.
(f) Notwithstanding section 16A.1283, the commissioner may adjust the fees assessed
on assisted living facilities and assisted living facilities with dementia care under paragraph
(d), in a revenue-neutral manner in accordance with the requirements of this paragraph:
(1) a facility seeking to renew a license shall pay a renewal fee in an amount that is up
to ten percent lower than the applicable fee in paragraph (d) if residents who receive home
and community-based waiver services under chapter 256S and section 256B.49 comprise
more than 50 percent of the facility's capacity in the calendar year prior to the year in which
the renewal application is submitted; and
(2) a facility seeking to renew a license shall pay a renewal fee in an amount that is up
to ten percent higher than the applicable fee in paragraph (d) if residents who receive home
and community-based waiver services under chapter 256S and section 256B.49 comprise
less than 50 percent of the facility's capacity during the calendar year prior to the year in
which the renewal application is submitted.
The commissioner may annually adjust the percentages in clauses (1) and (2), to ensure this
paragraph is implemented in a revenue-neutral manner. The commissioner shall develop a
method for determining capacity thresholds in this paragraph in consultation with the
commissioner of human services and must coordinate the administration of this paragraph
with the commissioner of human services for purposes of verification.
new text begin
(g) The commissioner shall charge hospitals an annual licensing base fee of $1,826 per
hospital, plus an additional $23 per licensed bed or bassinet fee. Revenue shall be deposited
to the state government special revenue fund and credited toward trauma hospital designations
under sections 144.605 and 144.6071.
new text end
new text begin
The commissioner of health shall support collaboration
and coordination between state and community partners to develop, refine, and expand the
community health workers (CHW) profession in Minnesota; equipping community health
workers to address health needs; and to improve health outcomes. This work addresses the
social conditions that impact community health and well-being in public safety, social
services, youth and family services, schools, and neighborhood associations.
new text end
new text begin
The commissioner of health
shall establish grants and contracts to expand and strengthen the community health worker
workforce across Minnesota. The recipients shall include at least one not-for-profit
community organization serving, convening, and supporting community health workers
statewide.
new text end
new text begin
The commissioner of health shall design, conduct, and evaluate
the CHW initiative using measures such as workforce capacity, employment opportunity,
reach of services, and return on investment, as well as descriptive measures of the existing
community health worker models as they compare with the national community health
workers' landscape. These initial measures point to longer-term change in social determinants
of health and rates of death and injury by suicide, overdose, firearms, alcohol, and chronic
disease.
new text end
new text begin
Grant recipients and contractors must report program outcomes to the
department annually and by the guidelines established by the commissioner.
new text end
new text begin
The commissioner of health shall establish the community
mental health and well-being grant program. The purposes of the program are to:
new text end
new text begin
(1) improve outcomes related to the well-being of Black, nonwhite Latino(a), American
Indians, LGBTQIA+, and disability communities, including but not limited to health and
well-being; economic security; and safe, stable, nurturing relationships and environments
by funding community-based solutions for challenges that are identified by the affected
community;
new text end
new text begin
(2) reduce health inequities related to mental health and well-being; and
new text end
new text begin
(3) promote racial and geographic equity.
new text end
new text begin
The commissioner of health shall:
new text end
new text begin
(1) develop a request for proposals for the community mental health well-being grant
program in consultation with community stakeholders, local public health organizations
and Tribal nations;
new text end
new text begin
(2) provide outreach, technical assistance, and program development support to increase
capacity for new and existing service providers in order to better meet statewide needs,
particularly in greater Minnesota and areas where services to reduce mental health disparities
have not been established;
new text end
new text begin
(3) review responses to requests for proposals, in consultation with community
stakeholders, and award grants under this section;
new text end
new text begin
(4) ensure communication with the ethnic councils, Minnesota Indian Affairs Council,
Minnesota Council on Disability and the governor's office on the request for proposal
process;
new text end
new text begin
(5) establish a transparent and objective accountability process, in consultation with
community stakeholders, focused on outcomes that grantees agree to achieve;
new text end
new text begin
(6) provide grantees with access to data to assist grantees in establishing and
implementing effective community-led solutions;
new text end
new text begin
(7) maintain data on outcomes reported by grantees; and
new text end
new text begin
(8) contract with an independent third-party entity to evaluate the success of the grant
program and to build the evidence base for effective community solutions in reducing mental
health disparities related to mental health and well-being.
new text end
new text begin
Organizations eligible to receive grant funding under this
section include:
new text end
new text begin
(1) organizations or entities that work with Black, nonwhite Latino(a), and American
Indian communities;
new text end
new text begin
(2) Tribal nations and Tribal organizations as defined in section 658P of the Child Care
and Development Block Grant Act of 1990; and
new text end
new text begin
(3) organizations or entities focused on supporting mental health and community healing.
new text end
new text begin
(a) The commissioner, in consultation with community stakeholders, local
public health organizations and Tribal nations, shall develop a request for proposals for
mental health, community healing and well-being grants. In developing the proposals and
awarding the grants, the commissioner shall consider building on the capacity of communities
to promote well-being and support holistic health. Proposals must focus on increasing health
equity and community healing and reducing health disparities experienced by Black, nonwhite
Latino(a), American Indians, LGBTQIA+, and disability communities.
new text end
new text begin
(b) In awarding the grants, the commissioner shall provide strategic consideration and
give priority to proposals from: organizations or entities led by populations of color,
American Indians and those serving communities of color, American Indians; LGBTQIA+,
and disability communities. The advisory council may recommend additional strategic
considerations and priorities to the commissioner.
new text end
new text begin
The commissioner shall ensure that grant
funds are prioritized and awarded to organizations and entities that are within counties that
have a higher proportion of Black or African American, nonwhite Latino(a), American
Indians, LGBTQIA+, and disability communities to the extent possible.
new text end
new text begin
Grantees must report grant program outcomes to the commissioner on
the forms and according to the timelines established by the commissioner.
new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Designated rural area" means a statutory and home rule charter city or township
that is outside the seven-county metropolitan area as defined in section 473.121, subdivision
2, excluding the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud.
new text end
new text begin
(c) "Emergency circumstances" means those conditions that make it impossible for the
participant to fulfill the service commitment, including death, total and permanent disability,
or temporary disability lasting more than two years.
new text end
new text begin
(d) "Nurse practitioner" means a registered nurse who has graduated from a program of
study designed to prepare registered nurses for advanced practice as nurse practitioners.
new text end
new text begin
(e) "Physician" means an individual who is licensed to practice medicine in the areas of
family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
new text end
new text begin
(f) "Physician assistant" means a person licensed under chapter 147A.
new text end
new text begin
(g) "Qualified educational loan" means a government, commercial, or foundation loan
for actual costs paid for tuition, reasonable education expenses, and reasonable living
expenses related to the graduate or undergraduate education of a health care professional.
new text end
new text begin
(a) A health professional employee education loan
forgiveness program account is established. The commissioner of health shall use money
from the account to make grants to eligible providers for a loan forgiveness recruitment and
retention program. Nominations for loan forgiveness through a grant shall be available to
employees who are nurse practitioners, physicians, or physician assistants who agree to
practice in designated rural areas that are included in a health profession's shortage area,
where the provider rate per 10,000 population is less than ten and the vacancy rate has
reached a level determined by the commissioner.
new text end
new text begin
(b) Appropriations made to the account do not cancel and are available until expended,
except that, at the end of each biennium, any remaining balance in the account that is not
committed by contract and not needed to fulfill existing commitments shall cancel to the
general fund.
new text end
new text begin
(a) Eligible providers must provide services in designated rural
areas that are included in a health profession's shortage area where the provider rate per
10,000 population is less than ten and the vacancy rate has reached a level determined by
the commissioner for nurse practitioners, physicians, or physician assistants.
new text end
new text begin
(b) Employees, as described in subdivision 2, paragraph (a), selected to receive loan
forgiveness must agree to work a minimum average of 30 hours per week for a minimum
of five years for a qualifying provider organization to maintain eligibility for loan forgiveness
under this section.
new text end
new text begin
The commissioner shall publish request for proposals
that specify qualifying provider eligibility requirements; criteria for a qualifying employee
loan forgiveness recruitment program; provider selection criteria; documentation required
for program participation; maximum number of loan forgiveness slots available per eligible
provider; and methods of evaluation. The commissioner must publish additional requests
for proposals each year in which funding is available for this purpose.
new text end
new text begin
(a) Eligible providers seeking loan forgiveness for
employees shall submit an application to the commissioner. Applications from eligible
providers must contain a complete description of the employee loan forgiveness program
being proposed by the applicant, the process for determining which employees are eligible
for loan forgiveness, and any special circumstances related to the provider that make it
difficult to recruit and retain qualified employees. Eligible providers must submit the names
of their employees to be considered for loan forgiveness.
new text end
new text begin
(b) An employee whose name has been submitted to the commissioner and who wishes
to apply for loan forgiveness must submit an application to the commissioner that must
include employee practice site information and verification of employee qualified educational
loan debt. The employee is responsible for securing the employee's qualified educational
loans.
new text end
new text begin
The commissioner shall determine a maximum number of
loan forgiveness slots available per eligible provider and shall make selections based on the
information provided in the grant application, including the demonstrated need for an
applicant provider to enhance the retention of its workforce, the proposed employee loan
forgiveness selection process, and other criteria as determined by the commissioner.
new text end
new text begin
(a) Participating providers whose employees receive
loan forgiveness shall submit a report to the commissioner on a schedule determined by the
commissioner and on a form supplied by the commissioner. The report must include the
number of employees receiving loan forgiveness and, for each employee receiving loan
forgiveness, the employee's name, current position, and average number of hours worked
per week. During the loan forgiveness period, the commissioner may require and collect
from participating providers and employees receiving loan forgiveness other information
necessary to evaluate the program and ensure ongoing eligibility.
new text end
new text begin
(b) Before receiving loan repayment disbursements, the employee must complete and
return to the commissioner a confirmation of practice form provided by the commissioner
verifying that the employee is practicing as required in subdivision 3. The employee must
provide the commissioner with verification that the full amount of loan repayment
disbursement received by the employee has been applied toward the designated loans. After
each disbursement, verification must be received by the commissioner and approved before
the next loan repayment disbursement is made. Employees who move to a different eligible
provider remain eligible for loan repayment as long as they practice as required in subdivision
3.
new text end
new text begin
If an employee does not fulfill the required
minimum service commitment in subdivision 3, the commissioner shall collect from the
employee the total amount paid to the employee under the loan forgiveness program, plus
interest at a rate established according to section 270C.40. The commissioner shall deposit
the money collected in an account in the special revenue fund and money in that account
is annually appropriated to the commissioner for purposes of this section. The commissioner
may allow waivers of all or part of the money owed to the commissioner as a result of a
nonfulfillment penalty if emergency circumstances prevented fulfillment of the minimum
service commitment.
new text end
new text begin
The commissioner may adopt rules to implement this section.
new text end
Minnesota Statutes 2022, section 144.1505, is amended to read:
For purposes of this section, the following definitions apply:
(1) "eligible advanced practice registered nurse program" means a program that is located
in Minnesota and is currently accredited as a master's, doctoral, or postgraduate level
advanced practice registered nurse program by the Commission on Collegiate Nursing
Education or by the Accreditation Commission for Education in Nursing, or is a candidate
for accreditation;
(2) "eligible dental therapy program" means a dental therapy education program or
advanced dental therapy education program that is located in Minnesota and is either:
(i) approved by the Board of Dentistry; or
(ii) currently accredited by the Commission on Dental Accreditation;
(3) "eligible mental health professional program" means a program that is located in
Minnesota and is listed as a mental health professional program by the appropriate accrediting
body for clinical social work, psychology, marriage and family therapy, or licensed
professional clinical counseling, or is a candidate for accreditation;
(4) "eligible pharmacy program" means a program that is located in Minnesota and is
currently accredited as a doctor of pharmacy program by the Accreditation Council on
Pharmacy Education;
(5) "eligible physician assistant program" means a program that is located in Minnesota
and is currently accredited as a physician assistant program by the Accreditation Review
Commission on Education for the Physician Assistant, or is a candidate for accreditation;
(6) "mental health professional" means an individual providing clinical services in the
treatment of mental illness who meets one of the qualifications under section 245.462,
subdivision 18; deleted text beginand
deleted text end
new text begin
(7) "eligible physician training program" means a physician residency training program
located in Minnesota and that is currently accredited by the accrediting body or has presented
a credible plan as a candidate for accreditation;
new text end
new text begin
(8) "eligible dental program" means a dental education program or a dental residency
training program located in Minnesota and that is currently accredited by the accrediting
body or has presented a credible plan as a candidate for accreditation; and
new text end
deleted text begin (7)deleted text endnew text begin (9)new text end "project" means a project to establish or expand clinical training for physician
assistants, advanced practice registered nurses, pharmacists, dental therapists, advanced
dental therapists, or mental health professionals in Minnesota.
(a) new text beginFor advanced practice provider clinical training
expansion grants, new text endthe commissioner of health shall award health professional training site
grants to eligible physician assistant, advanced practice registered nurse, pharmacy, dental
therapy, and mental health professional programs to plan and implement expanded clinical
training. A planning grant shall not exceed $75,000, and a training grant shall not exceed
$150,000 for the first year, $100,000 for the second year, and $50,000 for the third year per
program.
new text begin
(b) For health professional rural and underserved clinical rotations grants, the
commissioner of health shall award health professional training site grants to eligible
physician, physician assistant, advanced practice registered nurse, pharmacy, dentistry,
dental therapy, and mental health professional programs to augment existing clinical training
programs to add rural and underserved rotations or clinical training experiences, such as
credential or certificate rural tracks or other specialized training. For physician and dentist
training, the expanded training must include rotations in primary care settings such as
community clinics, hospitals, health maintenance organizations, or practices in rural
communities.
new text end
deleted text begin (b)deleted text endnew text begin (c)new text end Funds may be used for:
(1) establishing or expanding new text beginrotations and new text endclinical training deleted text beginfor physician assistants,
advanced practice registered nurses, pharmacists, dental therapists, advanced dental therapists,
and mental health professionals in Minnesotadeleted text end;
(2) recruitment, training, and retention of students and faculty;
(3) connecting students with appropriate clinical training sites, internships, practicums,
or externship activities;
(4) travel and lodging for students;
(5) faculty, student, and preceptor salaries, incentives, or other financial support;
(6) development and implementation of cultural competency training;
(7) evaluations;
(8) training site improvements, fees, equipment, and supplies required to establish,
maintain, or expand deleted text begina physician assistant, advanced practice registered nurse, pharmacy,
dental therapy, or mental health professionaldeleted text end training program; and
(9) supporting clinical education in which trainees are part of a primary care team model.
Eligible physician assistant, advanced practice registered nurse,
pharmacy, dental therapy, and mental health professional programs new text beginand physician and dental
programs new text endseeking a grant shall apply to the commissioner. Applications must include a
description of the number of additional students who will be trained using grant funds;
attestation that funding will be used to support an increase in the number of clinical training
slots; a description of the problem that the proposed project will address; a description of
the project, including all costs associated with the project, sources of funds for the project,
detailed uses of all funds for the project, and the results expected; and a plan to maintain or
operate any component included in the project after the grant period. The applicant must
describe achievable objectives, a timetable, and roles and capabilities of responsible
individuals in the organization.new text begin Applicants applying under subdivision 2, paragraph (b),
must include information about length of training and training site settings, geographic
location of rural sites, and rural populations expected to be served.
new text end
The commissioner shall review each application
to determine whether or not the application is complete and whether the program and the
project are eligible for a grant. In evaluating applications, the commissioner shall score each
application based on factors including, but not limited to, the applicant's clarity and
thoroughness in describing the project and the problems to be addressed, the extent to which
the applicant has demonstrated that the applicant has made adequate provisions to ensure
proper and efficient operation of the training program once the grant project is completed,
the extent to which the proposed project is consistent with the goal of increasing access to
primary care and mental health services for rural and underserved urban communities, the
extent to which the proposed project incorporates team-based primary care, and project
costs and use of funds.
The commissioner shall determine the amount of a grant
to be given to an eligible program based on the relative score of each eligible program's
applicationnew text begin, including rural locations as applicable under subdivision 2, paragraph (b)new text end, other
relevant factors discussed during the review, and the funds available to the commissioner.
Appropriations made to the program do not cancel and are available until expended. During
the grant period, the commissioner may require and collect from programs receiving grants
any information necessary to evaluate the program.
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Eligible program" means a program that meets the following criteria:
new text end
new text begin
(1) is located in Minnesota;
new text end
new text begin
(2) trains medical residents in the specialties of family medicine, general internal
medicine, general pediatrics, psychiatry, geriatrics, or general surgery in rural residency
training programs or in community-based ambulatory care centers that primarily serve the
underserved; and
new text end
new text begin
(3) is accredited by the Accreditation Council for Graduate Medical Education or presents
a credible plan to obtain accreditation.
new text end
new text begin
(c) "Rural residency training program" means a residency program that provides an
initial year of training in an accredited residency program in Minnesota. The subsequent
years of the residency program are based in rural communities, utilizing local clinics and
community hospitals, with specialty rotations in nearby regional medical centers.
new text end
new text begin
(d) "Community-based ambulatory care centers" means federally qualified health centers,
community mental health centers, rural health clinics, health centers operated by the Indian
Health Service, an Indian Tribe or Tribal organization, or an urban American Indian
organization or an entity receiving funds under Title X of the Public Health Service Act.
new text end
new text begin
(e) "Eligible project" means a project to establish and maintain a rural residency training
program.
new text end
new text begin
(a) The commissioner of health shall
award rural residency training program grants to eligible programs to plan, implement, and
sustain rural residency training programs. A rural residency training program grant shall
not exceed $250,000 per year for up to three years for planning and development, and
$225,000 per resident per year for each year thereafter to sustain the program.
new text end
new text begin
(b) Funds may be spent to cover the costs of:
new text end
new text begin
(1) planning related to establishing accredited rural residency training programs;
new text end
new text begin
(2) obtaining accreditation by the Accreditation Council for Graduate Medical Education
or another national body that accredits rural residency training programs;
new text end
new text begin
(3) establishing new rural residency training programs;
new text end
new text begin
(4) recruitment, training, and retention of new residents and faculty related to the new
rural residency training program;
new text end
new text begin
(5) travel and lodging for new residents;
new text end
new text begin
(6) faculty, new resident, and preceptor salaries related to new rural residency training
programs;
new text end
new text begin
(7) training site improvements, fees, equipment, and supplies required for new rural
residency training programs; and
new text end
new text begin
(8) supporting clinical education in which trainees are part of a primary care team model.
new text end
new text begin
Eligible programs
seeking a grant shall apply to the commissioner. Applications must include the number of
new primary care rural residency training program slots planned, under development or
under contract; a description of the training program, including location of the established
residency program and rural training sites; a description of the project, including all costs
associated with the project; all sources of funds for the project; detailed uses of all funds
for the project; the results expected; proof of eligibility for federal graduate medical education
funding, if applicable; and a plan to seek the funding. The applicant must describe achievable
objectives, a timetable, and the roles and capabilities of responsible individuals in the
organization.
new text end
new text begin
The commissioner shall review each
application to determine if the residency program application is complete, if the proposed
rural residency program and residency slots are eligible for a grant, and if the program is
eligible for federal graduate medical education funding, and when the funding is available.
If eligible programs are not eligible for federal graduate medical education funding, the
commissioner may award continuation funding to the eligible program beyond the initial
grant period. The commissioner shall award grants to support training programs in family
medicine, general internal medicine, general pediatrics, psychiatry, geriatrics, general
surgery, and other primary care focus areas.
new text end
new text begin
During the grant period, the commissioner may require
and collect from grantees any information necessary to evaluate the program. Notwithstanding
section 16A.28, subdivision 6, encumbrances for grants under this section issued by June
30 of each year may be certified for a period of up to three years beyond the year in which
the funds were originally appropriated.
new text end
new text begin
(a) For purposes of this section, the following definitions
have the meanings given.
new text end
new text begin
(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
that reviews the accrediting organizations for multiple disciplines and whose standards for
recognizing accrediting organizations are reviewed and approved by the commissioner of
health.
new text end
new text begin
(c) "Clinical medical education program" means the accredited clinical training of
physicians, medical students, residents, doctors of pharmacy practitioners, doctors of
chiropractic, dentists, advanced practice nurses, clinical nurse specialists, certified registered
nurse anesthetists, nurse practitioners, certified nurse midwives, physician assistants, dental
therapists and advanced dental therapists, psychologists, clinical social workers, community
paramedics, community health workers, and other medical professions as determined by
the commissioner.
new text end
new text begin
(d) "Commissioner" means the commissioner of health.
new text end
new text begin
(e) "Eligible entity" means an organization that is located in Minnesota, provides a
clinical medical education experience, and hosts students, residents or other trainee types
as determined by the commissioner and are from an accredited Minnesota teaching program
and institution.
new text end
new text begin
(f) "Eligible trainee FTEs" means the number of trainees, as measured by full-time
equivalent counts, that are training in Minnesota at an entity with either currently active
medical assistance enrollment status and a National Provider Identification (NPI) number
or documentation that they provide sliding fee services. Training may occur in an inpatient
or ambulatory patient care setting or alternative setting as determined by the commissioner.
Training that occurs in nursing facility settings is not eligible for funding under this section.
new text end
new text begin
(g) "Teaching institution" means a hospital, medical center, clinic, or other organization
that conducts a clinical medical education program in Minnesota that is accountable to the
accrediting body.
new text end
new text begin
(h) "Trainee" means a student, resident, fellow, or other postgraduate involved in a
clinical medical education program from an accredited Minnesota teaching program and
institution.
new text end
new text begin
(a) An eligible entity hosting clinical trainees from a
clinical medical education program and teaching institution is eligible for funds under
subdivision 3, if the entity:
new text end
new text begin
(1) is funded in part by sliding fee scale services or enrolled in the Minnesota health
care program;
new text end
new text begin
(2) faces increased financial pressure as a result of competition with nonteaching patient
care entities; and
new text end
new text begin
(3) emphasizes primary care or specialties that are in undersupply in rural or underserved
areas of Minnesota.
new text end
new text begin
(b) An entity hosting a clinical medical education program for advanced practice nursing
is eligible for funds under subdivision 3, 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 an institution that is part of the Minnesota
State Colleges and Universities system or members of the Minnesota Private College Council.
new text end
new text begin
(c) An application must be submitted to the commissioner by an eligible entity through
the teaching institution and contain the following information:
new text end
new text begin
(1) the official name and address and the site addresses of the clinical medical education
programs where eligible trainees are hosted;
new text end
new text begin
(2) the name, title, and business address of those persons responsible for administering
the funds;
new text end
new text begin
(3) for each applicant, the type and specialty orientation of trainees in the program; the
name, entity address, medical assistance provider number, and national provider identification
number of each training site used in the program, as appropriate; the federal tax identification
number of each training site, where available; the total number of eligible trainee FTEs at
each site; and
new text end
new text begin
(4) other supporting information the commissioner deems necessary.
new text end
new text begin
(d) An applicant that does not provide information requested by the commissioner shall
not be eligible for funds for the current funding cycle.
new text end
new text begin
(a) The commissioner may distribute funds for clinical
training in areas of Minnesota and for the professions listed in subdivision 1, paragraph (d),
determined by the commissioner as a high need area and profession shortage area. The
commissioner shall annually distribute medical education funds to qualifying applicants
under this section based on the costs to train, service level needs, and profession or training
site shortages. Use of funds is limited to related clinical training costs for eligible programs.
new text end
new text begin
(b) To ensure the quality of clinical training, eligible entities must demonstrate that they
hold contracts in good standing with eligible educational institutions that specify the terms,
expectations, and outcomes of the clinical training conducted at sites. Funds shall be
distributed in an administrative process determined by the commissioner to be efficient.
new text end
new text begin
(a) Teaching institutions receiving funds under this section must sign
and submit a medical education grant verification report (GVR) to verify funding was
distributed as specified in the GVR. If the teaching institution fails to submit the GVR by
the stated deadline, the teaching 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.
new text end
new text begin
(b) Teaching institutions receiving funds under this section must provide any other
information the commissioner deems appropriate to evaluate the effectiveness of the use of
funds for medical education.
new text end
Minnesota Statutes 2022, section 144.226, subdivision 3, is amended to read:
(a) In addition to any fee prescribed under subdivision
1, there shall be a nonrefundable surcharge of $3 for each certified birth or stillbirth record
and for a certification that the vital record cannot be found. The state registrar or local
issuance office shall forward this amount to the commissioner of management and budget
new text begin each month following the collection of the surcharge new text endfor deposit into the account for the
children's trust fund for the prevention of child abuse established under section 256E.22.
This surcharge shall not be charged under those circumstances in which no fee for a certified
birth or stillbirth record is permitted under subdivision 1, paragraph (b). Upon certification
by the commissioner of management and budget that the assets in that fund exceed
$20,000,000, this surcharge shall be discontinued.
(b) In addition to any fee prescribed under subdivision 1, there shall be a nonrefundable
surcharge of $10 for each certified birth record. The state registrar or local issuance office
shall forward this amount to the commissioner of management and budget new text begineach month
following the collection of the surcharge new text endfor deposit in the general fund.
Minnesota Statutes 2022, section 144.226, subdivision 4, is amended to read:
In addition to any fee prescribed under subdivision
1, there is a nonrefundable surcharge of $4 for each certified and noncertified birth, stillbirth,
or death record, and for a certification that the record cannot be found. The local issuance
office or state registrar shall forward this amount to the commissioner of management and
budget new text begineach month following the collection of the surcharge new text endto be deposited into the state
government special revenue fund.
Minnesota Statutes 2022, section 144.383, is amended to read:
In order to insure safe drinking water in all public water supplies, the commissioner has
the deleted text beginfollowingdeleted text end powersnew text begin tonew text end:
deleted text begin (a) Todeleted text endnew text begin (1)new text end approve the site, design, and construction and alteration of all public water
supplies and, for community and nontransient noncommunity water systems as defined in
Code of Federal Regulations, title 40, section 141.2, to approve documentation that
demonstrates the technical, managerial, and financial capacity of those systems to comply
with rules adopted under this section;
deleted text begin (b) Todeleted text endnew text begin (2)new text end enter the premises of a public water supply, or part thereof, to inspect the
facilities and records kept pursuant to rules promulgated by the commissioner, to conduct
sanitary surveys and investigate the standard of operation and service delivered by public
water supplies;
deleted text begin (c) Todeleted text endnew text begin (3)new text end contract with community health boards as defined in section 145A.02,
subdivision 5, for routine surveys, inspections, and testing of public water supply quality;
deleted text begin (d) Todeleted text endnew text begin (4)new text end develop an emergency plan to protect the public when a decline in water
quality or quantity creates a serious health risk, and to issue emergency orders if a health
risk is imminent;
deleted text begin (e) Todeleted text endnew text begin (5)new text end promulgate rules, pursuant to chapter 14 but no less stringent than federal
regulation, which may include the granting of variances and exemptionsdeleted text begin.deleted text endnew text begin; and
new text end
new text begin
(6) maintain a database of lead service lines, provide technical assistance to community
systems, and ensure the lead service line inventory data is accessible to the public with
relevant educational materials about health risks related to lead and ways to reduce exposure.
new text end
new text begin
The commissioner of health shall establish a
grant program to ensure the uninterrupted delivery of safe water through emergency power
supplies and back-up wells, backflow prevention, water reuse, increased cybersecurity,
floodplain mapping, support for very small water system infrastructure, and piloting solar
farms in source water protection areas.
new text end
new text begin
(a) The commissioner shall award grants for emergency
power supplies, back-up wells, and cross connection prevention programs through a request
for proposals process to public water systems. Priority shall be given to small and very small
public water systems that serve populations of less than 3,300 and 500 respectively. The
commissioner shall award matching grants to public water systems that serve populations
of less than 500 for infrastructure improvements supporting system operations and resiliency.
new text end
new text begin
(b) Grantees must address one or more areas of infrastructure strengthening with the
goals of:
new text end
new text begin
(1) ensuring the uninterrupted delivery of safe and affordable water to their customers;
new text end
new text begin
(2) anticipating and mitigating potential threats arising from climate change such as
flooding and drought;
new text end
new text begin
(3) providing resiliency to maintain drinking water supply capacity in case of a loss of
power;
new text end
new text begin
(4) providing redundancy by having more than one source of water in case the main
source of water fails; or
new text end
new text begin
(5) preventing contamination by cross connections through a self-sustaining cross
connection control program.
new text end
new text begin
The commissioner of health shall establish a grant
program to advance equitable and inclusive community engagement by cultivating a
community of practice and building community engagement capacity within the department's
system and local public health organizations to:
new text end
new text begin
(1) ensure that capacity building efforts are translated into practice and that community
relationships and partnerships are strengthened, and avenues for meaningful participation
of Minnesota's diverse communities such as populations of color, American Indians,
LGBTQIA+, and those with disabilities in metro and rural communities in public health
programs are created;
new text end
new text begin
(2) ensure that current and future policies, procedures, and strategies facilitate meaningful
engagement of communities and focus to create their own healthy futures;
new text end
new text begin
(3) identify new strategies and actions to support efforts to listen authentically to, and
partner with, Minnesotans most impacted by inequities;
new text end
new text begin
(4) reduce health inequities; and
new text end
new text begin
(5) promote racial and geographic equity.
new text end
new text begin
The commissioner of health shall:
new text end
new text begin
(1) develop a request for proposals for the community engagement capacity building
grant program in consultation with community stakeholders, and local public health
organizations;
new text end
new text begin
(2) provide outreach, technical assistance, and program development support to increase
capacity for staff, local public health organizations, and communities of practice;
new text end
new text begin
(3) review responses to requests for proposals, in consultation with community
stakeholders and award grants under this section;
new text end
new text begin
(4) in consultation with community stakeholders, establish a transparent and objective
accountability process focused on outcomes that grantees agree to achieve;
new text end
new text begin
(5) provide grantees with access to data to assist grantees in establishing and
implementing effective community-led solutions;
new text end
new text begin
(7) maintain data on outcomes reported by grantees; and
new text end
new text begin
(8) establish a process or mechanism to evaluate the success of the grant program and
to build the evidence base for effective community engagement in reducing health disparities.
new text end
new text begin
Organizations eligible to receive grant funding under this
section include: organizations or entities that work with diverse communities such as
populations of color, American Indians, LGBTQIA+, and those with disabilities in metro
and rural communities.
new text end
new text begin
(a) The commissioner, in consultation with community stakeholders, local
public health organizations, and Tribal nations, shall develop a request for proposals to
advance equitable and inclusive community engagement by cultivating a community of
practice and building capacity within their system, service providers, and local public health
organizations.
new text end
new text begin
(b) In awarding the grants, the commissioner shall provide strategic consideration and
give priority to proposals from local public health departments and other service providers:
new text end
new text begin
(1) with significant emphasis on serving populations of color, LGBTQIA+, and disability
communities; and
new text end
new text begin
(2) partnering with organizations or entities led by populations of color and those serving
communities of color, American Indians, LGBTQIA+, and disabilities in metro and rural
communities.
new text end
new text begin
The commissioner shall ensure that grant
funds are prioritized and awarded to organizations and entities that are within counties that
have a higher proportion of Black or African American, nonwhite Latino(a), LGBTQIA+,
and disability communities to the extent possible.
new text end
new text begin
Grantees must report grant program outcomes to the commissioner on
the forms and according to the timelines established by the commissioner.
new text end
new text begin
The commissioner of health shall:
new text end
new text begin
(1) establish an annual grant program to award infrastructure capacity building grants
to help metro and rural community and faith-based organizations serving populations of
color, American Indian, LGBTQIA+, and those with disabilities in Minnesota who have
been disproportionately impacted by health and other inequities to be better equipped and
prepared for success in procuring grants and contracts at the department and addressing
inequities; and
new text end
new text begin
(2) create a framework at the department to maintain equitable practices in grantmaking
to ensure that internal grantmaking and procurement policies and practices prioritize equity,
transparency, and accessibility to include:
new text end
new text begin
(i) a tracking system for the department to better monitor and evaluate equitable
procurement and grantmaking processes and their impacts; and
new text end
new text begin
(ii) technical assistance and coaching to department leadership in grantmaking and
procurement processes and programs and providing tools and guidance to ensure equitable
and transparent competitive grantmaking processes and award distribution across
communities most impacted by inequities and develop measures to track progress over time.
new text end
new text begin
The commissioner of health shall:
new text end
new text begin
(1) in consultation with community stakeholders, community health boards and Tribal
nations, develop a request for proposals for infrastructure capacity building grant program
to help community-based organizations, including faith-based organizations, to be better
equipped and prepared for success in procuring grants and contracts at the department and
beyond;
new text end
new text begin
(2) provide outreach, technical assistance, and program development support to increase
capacity for new and existing community-based organizations and other service providers
in order to better meet statewide needs particularly in greater Minnesota and areas where
services to reduce health disparities have not been established;
new text end
new text begin
(3) in consultation with community stakeholders, review responses to requests for
proposals and award of grants under this section;
new text end
new text begin
(4) ensure communication with the ethnic councils, Minnesota Indian Affairs Council,
Minnesota Council on Disability, and the governor's office on the request for proposal
process;
new text end
new text begin
(5) in consultation with community stakeholders, establish a transparent and objective
accountability process focused on outcomes that grantees agree to achieve;
new text end
new text begin
(6) maintain data on outcomes reported by grantees; and
new text end
new text begin
(7) establish a process or mechanism to evaluate the success of the capacity building
grant program and to build the evidence base for effective community-based organizational
capacity building in reducing disparities.
new text end
new text begin
Organizations eligible to receive grant funding under this
section include: organizations or entities that work with diverse communities such populations
of color, American Indian, LGBTQIA+, and those with disabilities in metro and rural
communities.
new text end
new text begin
(a) The commissioner, in consultation with community stakeholders, shall
develop a request for proposals for equity in procurement and grantmaking capacity building
grant program to help community-based organizations, including faith-based organizations
to be better equipped and prepared for success in procuring grants and contracts at the
department and addressing inequities.
new text end
new text begin
(b) In awarding the grants, the commissioner shall provide strategic consideration and
give priority to proposals from organizations or entities led by populations of color, American
Indians and those serving communities of color, American Indians; LGBTQIA+, and
disability communities.
new text end
new text begin
The commissioner shall ensure that grant
funds are prioritized and awarded to organizations and entities that are within counties that
have a higher proportion of Black or African American, nonwhite Latino(a), LGBTQIA+,
and disability communities to the extent possible.
new text end
new text begin
Grantees must report grant program outcomes to the commissioner on
the forms and according to the timelines established by the commissioner.
new text end
new text begin
The commissioner of health shall implement
a climate resiliency program to:
new text end
new text begin
(1) increase awareness of climate change;
new text end
new text begin
(2) track the public health impacts of climate change and extreme weather events;
new text end
new text begin
(3) provide technical assistance and tools that support climate resiliency to local public
health, Tribal health, soil and water conservation districts, and other local governmental
and nongovernmental organizations; and
new text end
new text begin
(4) coordinate with the commissioners of the pollution control agency, natural resources,
and agriculture and other state agencies in climate resiliency related planning and
implementation.
new text end
new text begin
(a) The commissioner of health shall manage
a grant program for the purpose of climate resiliency planning. The commissioner shall
award grants through a request for proposals process to local public health, Tribal health,
soil and water conservation districts, or other local organizations for planning for the health
impacts of extreme weather events and developing adaptation actions. Priority shall be given
to organizations that serve communities that are disproportionately impacted by climate
change.
new text end
new text begin
(b) Grantees must use the funds to develop a plan or implement strategies that will reduce
the risk of health impacts from extreme weather events. The grant application must include:
new text end
new text begin
(1) a description of the plan or project for which the grant funds will be used;
new text end
new text begin
(2) a description of the pathway between the plan or project and its impacts on health;
new text end
new text begin
(3) a description of the objectives, a work plan, and a timeline for implementation; and
new text end
new text begin
(4) the community or group the grant proposes to focus on.
new text end
Minnesota Statutes 2022, section 144G.16, subdivision 7, is amended to read:
new text begin(a) new text endThe deleted text beginfeedeleted text endnew text begin finenew text end for failure to comply with the notification
requirements in section 144G.52, subdivision 7, is $1,000.
new text begin
(b) Fines and penalties collected under this section shall be deposited in a dedicated
special revenue account. On an annual basis, the balance in the special revenue account
shall be appropriated to the commissioner to implement the recommendations of the advisory
council established in section 144A.4799.
new text end
Minnesota Statutes 2022, section 144G.18, is amended to read:
A provisional licensee or licensee shall notify the
commissioner in writing prior to a change in the manager or authorized agent and within
60 calendar days after any change in the information required in section 144G.12, subdivision
1, clause (1), (3), (4), (17), or (18).
new text begin
(a) The fine for failure to comply with the notification
requirements of this section is $1,000.
new text end
new text begin
(b) Fines and penalties collected under this subdivision shall be deposited in a dedicated
special revenue account. On an annual basis, the balance in the special revenue account
shall be appropriated to the commissioner to implement the recommendations of the advisory
council established in section 144A.4799.
new text end
Minnesota Statutes 2022, section 144G.57, subdivision 8, is amended to read:
new text begin(a) new text endThe commissioner may impose a fine for failure
to follow the requirements of this section.
new text begin
(b) The fine for failure to comply with this section is $1,000.
new text end
new text begin
(c) Fines and penalties collected under this section shall be deposited in a dedicated
special revenue account. On an annual basis, the balance in the special revenue account
shall be appropriated to the commissioner to implement the recommendations of the advisory
council established in section 144A.4799.
new text end
new text begin
For the purpose of this section, "long COVID" means health
problems that people experience four or more weeks after being infected with SARS-CoV-2,
the virus that causes COVID-19. Long COVID is also called post COVID conditions,
long-haul COVID, chronic COVID, post-acute COVID, or post-acute sequelae of COVID-19
(PASC).
new text end
new text begin
The commissioner of health shall establish a program to conduct
community assessments and epidemiologic investigations to monitor and address impacts
of long COVID. The purposes of these activities are to:
new text end
new text begin
(1) monitor trends in: incidence, prevalence, mortality, and health outcomes; care
management and costs; changes in disability status, employment, and quality of life; and
service needs of individuals with long COVID and to detect potential public health problems,
predict risks, and assist in investigating long COVID health inequities;
new text end
new text begin
(2) more accurately target information and resources for communities and patients and
their families;
new text end
new text begin
(3) inform health professionals and citizens about risks, early detection, and treatment
of long COVID known to be elevated in their communities; and
new text end
new text begin
(4) promote evidence-based practices around long COVID prevention and management
and to address public concerns and questions about long COVID.
new text end
new text begin
The commissioner of health shall, in consultation with health
care professionals, the Department of Human Services, local public health, health insurers,
employers, schools, long COVID survivors, and community organizations serving people
at high risk of long COVID, identify priority actions and activities to address the needs for
communication, services, resources, tools, strategies, and policies to support long COVID
survivors and their families.
new text end
new text begin
The commissioner of health shall coordinate and
collaborate with community and organizational partners to implement evidence-informed
priority actions through community-based grants and contracts. The commissioner of health
shall award contracts and grants to organizations that serve communities disproportionately
impacted by COVID-19 and long COVID, including but not limited to rural and low-income
areas, Black and African Americans, African immigrants, American Indians, Asian
American-Pacific Islanders, Latino(a), LGBTQ+, and persons with disabilities. Organizations
may also address intersectionality within the groups. The commissioner shall award grants
and contracts to eligible organizations to plan, construct, and disseminate resources and
information to support survivors of long COVID, including caregivers, health care providers,
ancillary health care workers, workplaces, schools, communities, and local and Tribal public
health.
new text end
new text begin
(a) For the purposes of this section, the following have the
meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of health.
new text end
new text begin
(c) "Department" means the Department of Health.
new text end
new text begin
(d) "988" means the universal telephone number designated as the universal telephone
number within the United States for the purpose of the national suicide prevention and
mental health crisis hotline system operating through the 988 Suicide and Crisis Lifeline,
or its successor, maintained by the Assistant Secretary for Mental Health and Substance
Use under section 520E-3 of the Public Health Service Act (United States Code, title 42,
sections 290bb-36c).
new text end
new text begin
(e) "988 administrator" means the administrator of the national 988 Suicide and Crisis
Lifeline maintained by the Assistant Secretary for Mental Health and Substance Use under
section 520E-3 of the Public Health Service Act.
new text end
new text begin
(f) "988 contact" means a communication with the 988 Suicide and Crisis Lifeline system
within the United States via modalities offered including call, chat, or text.
new text end
new text begin
(g) "988 Lifeline Center" means a state identified center that is a member of the Suicide
and Crisis Lifeline network that responds to statewide or regional 988 contacts.
new text end
new text begin
(h) "988 Suicide and Crisis Lifeline (988 Lifeline)" means the national suicide prevention
and mental health crisis hotline system maintained by the Assistant Secretary for Mental
Health and Substance Use under section 520E-3 of the Public Health Service Act (United
States Code, title 42, sections 290bb-36c).
new text end
new text begin
(i) "Veterans Crisis Line" means the Veterans Crisis Line maintained by the Secretary
of Veterans Affairs under United States Code, title 38, section 170F(h).
new text end
new text begin
(a) The commissioner shall administer the designation of and
oversight for a 988 Lifeline center or a network of 988 Lifeline centers to answer contacts
from individuals accessing the Suicide and Crisis Lifeline from any jurisdiction within the
state 24 hours per day, seven days per week.
new text end
new text begin
(b) The designated 988 Lifeline Center must:
new text end
new text begin
(1) have an active agreement with the 988 Suicide and Crisis Lifeline program for
participation in the network and the department;
new text end
new text begin
(2) meet the 988 Lifeline program requirements and best practice guidelines for
operational and clinical standards;
new text end
new text begin
(3) provide data and reports, and participate in evaluations and related quality
improvement activities as required by the 988 Lifeline program and the department;
new text end
new text begin
(4) identify or adapt technology that is demonstrated to be interoperable across Mobile
Crisis and Public Safety Answering Points used in the state for the purpose of crisis care
coordination;
new text end
new text begin
(5) facilitate crisis and outgoing services, including mobile crisis teams in accordance
with guidelines established by the 988 Lifeline program and the department;
new text end
new text begin
(6) actively collaborate and coordinate service linkages with mental health and substance
use disorder treatment providers, local community mental health centers including certified
community behavioral health clinics and community behavioral health centers, mobile crisis
teams, and community based and hospital emergency departments;
new text end
new text begin
(7) offer follow-up services to individuals accessing the Lifeline Center that are consistent
with guidance established by the 988 Lifeline program and the department; and
new text end
new text begin
(8) meet the requirements set by the 988 Lifeline program and the department for serving
at-risk and specialized populations.
new text end
new text begin
(c) The department shall adopt rules and regulations to allow appropriate information
sharing and communication between and across crisis and emergency response systems.
new text end
new text begin
(d) The department, having primary oversight of suicide prevention, shall work with the
988 Lifeline program, veterans crisis line, and other SAMHSA-approved networks for the
purpose of ensuring consistency of public messaging about 988 services. The department
may use funds under this section or provide grants to organizations in order to publicize
and raise awareness about 988 services.
new text end
new text begin
(e) The department shall work with representatives from 988 Lifeline Centers and public
safety answering points, other public safety agencies and the commissioner of public safety
to facilitate the development of protocols and procedures for interactions between 988 and
911 services across Minnesota. Protocols and procedures shall be developed following
available national standards and guidelines.
new text end
new text begin
(f) The department shall provide an annual report of the 988 Lifeline usage including
answer rates, abandoned calls, and referrals to 911 emergency response.
new text end
new text begin
(a) There is established a dedicated
account in the special revenue fund to create and maintain a statewide 988 suicide and crisis
lifeline system pursuant to the National Suicide Hotline Designation Act of 2020, the Federal
Communications Commission's rules adopted July 16, 2020, and national guidelines for
crisis care.
new text end
new text begin
(b) The account shall consist of:
new text end
new text begin
(1) a 988 telecommunications fee imposed;
new text end
new text begin
(2) a prepaid wireless 988 fee imposed under section 403.161;
new text end
new text begin
(3) appropriations made by the state legislature;
new text end
new text begin
(4) grants and gifts intended for deposit;
new text end
new text begin
(5) interest, premiums, gains, or other earnings on the account; and
new text end
new text begin
(6) money from any other source that is deposited in or transferred to the account.
new text end
new text begin
(c) The fund shall be administered by the department and money in the account shall be
expended to offset costs that are or can be reasonably attributed to:
new text end
new text begin
(1) implementing, maintaining, and improving the 988 suicide and crisis lifeline including
staffing and technological infrastructure enhancements necessary to achieve operational
standards and best practices set by the 988 lifeline and the department;
new text end
new text begin
(2) personnel for 988 lifeline centers;
new text end
new text begin
(3) data collection, reporting, participation in evaluations, public promotion, and related
quality improvement activities as required by the 988 administrator and the department;
and
new text end
new text begin
(4) administration, oversight, and evaluation of the fund.
new text end
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(d) Money in the fund:
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(1) does not revert at the end of any state fiscal year but remains available for the purposes
of the fund in subsequent state fiscal years;
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new text begin
(2) is not subject to transfer to any other fund or to transfer, assignment, or reassignment
for any other use or purpose; and
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(3) is continuously appropriated to the commissioner for the purposes of the account.
new text end
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(e) An annual report of funds, deposits, and expenditures shall be made to the Federal
Communications Commission.
new text end
new text begin
(a) In compliance with the National Suicide
Hotline Designation Act of 2020, the department shall impose a monthly statewide fee on
each subscriber of a wireline, wireless, and IP-enabled voice service at a rate that provides
for the robust creation, operation, and maintenance of a statewide 988 suicide prevention
and crisis system.
new text end
new text begin
(b) The commissioner shall annually recommend to the Public Utilities Commission an
adequate and appropriate fee to implement sections of 145.561. The commissioner shall
provide telecommunication service providers and carriers a minimum of 30 days' notice of
each fee change.
new text end
new text begin
(c) The amount of the 988 telecommunication fee must not be less than 12 cents and no
more than 25 cents a month on or after January 1, 2024, for each consumer access line,
including trunk equivalents as designated by the commission pursuant to section 403.11,
subdivision 1. The 988 telecommunication fee must be the same for all subscribers.
new text end
new text begin
(d) Each wireline, wireless, and IP-enabled voice telecommunications service provider
shall collect the 988 telecommunication fee and transfer the amounts collected to the
commissioner of public safety in the same manner as provided in section 403.11, subdivision
1, paragraph (d).
new text end
new text begin
(e) The commissioner of public safety shall deposit the money collected from the 988
telecommunication fee to the 988 account to be expended only in support of 988 services,
or enhancements of such services.
new text end
new text begin
(f) Consistent with United States Code, title 47, section 251(a), the revenue generated
by a 988 telecommunication fee must only be used to offset costs that are or will be
reasonably attributed to:
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(1) ensuring the efficient and effective routing and handling of calls, chats, and texts
made to the 988 Suicide and Crisis Lifeline centers including staffing and technological
infrastructure enhancements necessary to achieve operational, performance, and clinical
standards and best practices set by the 988 Lifeline program and the department; and
new text end
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(2) personnel and providing acute mental health and crisis outreach services by directly
responding to the 988 Suicide and Crisis Lifeline.
new text end
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(g) All 988 telecommunications fee revenue must be used to supplement, not supplant,
any federal, state, or local funding for suicide prevention.
new text end
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(h) The 988 telecommunications fee amount shall be adjusted as needed to provide for
continuous operation, volume increases, and maintenance of the 988 service.
new text end
new text begin
(i) The commissioner shall report on revenue generated by the 988 telecommunications
fee to the Federal Communications Commission.
new text end
new text begin
(a) The 988
telecommunications fee established in subdivision 4 does not apply to prepaid wireless
telecommunications services. Prepaid wireless telecommunications services are subject to
the prepaid wireless 988 fee established in section 403.161, subdivision 1, paragraph (c).
new text end
new text begin
(b) Collection, remittance, and deposit of prepaid wireless 988 fees are governed by
sections 403.161 and 403.162.
new text end
new text begin
(a) It is the goal of the state to increase protective
factors for mental well-being and decrease disparities in rates of mental health issues among
adolescent populations. The commissioner of health shall administer grants to
community-based organizations to facilitate mental health promotion programs for
adolescents, particularly those from populations that report higher rates of specific mental
health needs.
new text end
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(b) The commissioner of health shall coordinate with other efforts at the local, state, or
national level to avoid duplication and promote complementary efforts in mental health
promotion among adolescents.
new text end
new text begin
(a) The commissioner of health shall award grants to
eligible community organizations, including nonprofit organizations, community health
boards, and Tribal public health entities, to implement community-based mental health
promotion programs for adolescents in community settings to improve adolescent mental
health and reduce disparities between adolescent populations in reported rates of mental
health needs.
new text end
new text begin
(b) The commissioner of health, in collaboration with community and professional
stakeholders, shall establish criteria for review of applications received under this subdivision
to ensure funded programs operate using best practices such as trauma-informed care and
positive youth development principles.
new text end
new text begin
(c) Grant funds distributed under this subdivision shall be used to support new or existing
community-based mental health promotion programs that include but are not limited to:
new text end
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(1) training community-based members to facilitate discussions or courses on adolescent
mental health promotion skills;
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new text begin
(2) training trusted community members to model positive mental health skills and
practices in their existing roles;
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(3) training and supporting adolescents to provide peer support; and
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new text begin
(4) supporting community dialogue on mental health promotion and collective stress or
trauma.
new text end
new text begin
The commissioner shall conduct an evaluation of the
community-based grant programs funded under this section. Grant recipients shall cooperate
with the commissioner in the evaluation, and at the direction of the commissioner, shall
provide the commissioner with the information needed to conduct the evaluation.
new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "School-based health center" or "comprehensive school-based health center" means
a safety net health care delivery model that is located in or near a school facility and that
offers comprehensive health care, including preventive and behavioral health services,
provided by licensed and qualified health professionals in accordance with federal, state,
and local law. When not located on school property, the school-based health center must
have an established relationship with one or more schools in the community and operate to
primarily serve those student groups.
new text end
new text begin
(c) "Sponsoring organization" means any of the following that operate a school-based
health center:
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(1) health care providers;
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(2) community clinics;
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(3) hospitals;
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new text begin
(4) federally qualified health centers and look-alikes as defined in section 145.9269;
new text end
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(5) health care foundations or nonprofit organizations;
new text end
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(6) higher education institutions; or
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(7) local health departments.
new text end
new text begin
(a) The commissioner
of health shall administer a program to provide grants to school districts and school-based
health centers to support existing centers and facilitate the growth of school-based health
centers in Minnesota.
new text end
new text begin
(b) Grant funds distributed under this subdivision shall be used to support new or existing
school-based health centers that:
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new text begin
(1) operate in partnership with a school or school district and with the permission of the
school or school district board;
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new text begin
(2) provide health services through a sponsoring organization that meets the requirements
in subdivision 1, paragraph (c); and
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new text begin
(3) provide health services to all students and youth within a school or school district,
regardless of ability to pay, insurance coverage, or immigration status, and in accordance
with federal, state, and local law.
new text end
new text begin
(c) The commissioner of health shall administer a grant to a nonprofit organization to
facilitate a community of practice among school-based health centers to improve quality,
equity, and sustainability of care delivered through school-based health centers; encourage
cross-sharing among school-based health centers; support existing clinics; and expand
school-based health centers in new communities in Minnesota.
new text end
new text begin
(d) Grant recipients shall report their activities and annual performance measures as
defined by the commissioner in a format and time specified by the commissioner.
new text end
new text begin
(e) The commissioners of health and of education shall coordinate the projects and
initiatives funded under this section with other efforts at the local, state, or national level
to avoid duplication and promote coordinated efforts.
new text end
new text begin
Services provided by a school-based
health center may include but are not limited to:
new text end
new text begin
(1) preventive health care;
new text end
new text begin
(2) chronic medical condition management, including diabetes and asthma care;
new text end
new text begin
(3) mental health care and crisis management;
new text end
new text begin
(4) acute care for illness and injury;
new text end
new text begin
(5) oral health care;
new text end
new text begin
(6) vision care;
new text end
new text begin
(7) nutritional counseling;
new text end
new text begin
(8) substance abuse counseling;
new text end
new text begin
(9) referral to a specialist, medical home, or hospital for care;
new text end
new text begin
(10) additional services that address social determinants of health; and
new text end
new text begin
(11) emerging services such as mobile health and telehealth.
new text end
new text begin
A sponsoring organization that agrees to operate
a school-based health center must enter into a memorandum of agreement with the school
or school district. The memorandum of agreement must require the sponsoring organization
to be financially responsible for the operation of school-based health centers in the school
or school district and must identify the costs that are the responsibility of the school or
school district, such as Internet access, custodial services, utilities, and facility maintenance.
To the greatest extent possible, a sponsoring organization must bill private insurers, medical
assistance, and other public programs for services provided in the school-based health
centers in order to maintain the financial sustainability of school-based health centers.
new text end
Minnesota Statutes 2022, section 145.925, is amended to read:
deleted text begin
The
commissioner of health may make special grants to cities, counties, groups of cities or
counties, or nonprofit corporations to provide prepregnancy family planning services.
deleted text end
new text begin
(a)
It is the goal of the state to increase access to sexual and reproductive health services for
people who experience barriers, whether geographic, cultural, financial, or other, in access
to such services. The commissioner of health shall administer grants to facilitate access to
sexual and reproductive health services for people of reproductive age, particularly those
from populations that experience barriers to these services.
new text end
new text begin
(b) The commissioner of health shall coordinate with other efforts at the local, state, or
national level to avoid duplication and promote complementary efforts in reproductive and
sexual health service promotion among people of reproductive age.
new text end
deleted text begin
"Family planning services" means
counseling by trained personnel regarding family planning; distribution of information
relating to family planning, referral to licensed physicians or local health agencies for
consultation, examination, medical treatment, genetic counseling, and prescriptions for the
purpose of family planning; and the distribution of family planning products, such as charts,
thermometers, drugs, medical preparations, and contraceptive devices. For purposes of
sections 145A.01 to 145A.14, family planning shall mean voluntary action by individuals
to prevent or aid conception but does not include the performance, or make referrals for
encouragement of voluntary termination of pregnancy.
deleted text end
deleted text begin
The commissioner shall not make special grants pursuant to this
section to any nonprofit corporation which performs abortions. No state funds shall be used
under contract from a grantee to any nonprofit corporation which performs abortions. This
provision shall not apply to hospitals licensed pursuant to sections 144.50 to 144.56, or
health maintenance organizations certified pursuant to chapter 62D.
deleted text end
new text begin
For purposes of this section,
"sexual and reproductive health services" means services that promote a state of complete
physical, mental, and social well-being in relation to sexuality and reproduction, and not
merely the absence of disease or infirmity, in all matters relating to the reproductive system,
its functions and processes, and to sexuality. These services must be provided in accord
with nationally recognized standards and include but are not limited to sexual and
reproductive health counseling, voluntary and informed decision-making on sexual and
reproductive health, information on and provision of contraceptive methods, sexual and
reproductive health screenings and treatment, pregnancy testing and counseling, and other
preconception services.
new text end
deleted text begin
No funds provided by grants made pursuant to
this section shall be used to support any family planning services for any unemancipated
minor in any elementary or secondary school building.
deleted text end
new text begin
(a) The commissioner of health shall
award grants to eligible community organizations, including nonprofit organizations,
community health boards, and Tribal communities in rural and metropolitan areas of the
state to support, sustain, expand, or implement reproductive and sexual health programs for
people of reproductive age to increase access to and availability of medically accurate sexual
and reproductive health services.
new text end
new text begin
(b) The commissioner of health shall establish application scoring criteria in the evaluation
of applications submitted for award under this section. These criteria include but are not
limited to the degree to which applicants' programming responds to demographic factors
relevant to subdivision 1, paragraph (a), and paragraph (f).
new text end
new text begin
(c) When determining whether to award a grant or the amount of a grant under this
section, the commissioner of health may identify and stratify geographic regions based on
the region's need for sexual and reproductive health services. In this stratification, the
commissioner may consider data on the prevalence of poverty and other factors relevant to
a geographic region's need for sexual and reproductive health services.
new text end
new text begin
(d) The commissioner of health may consider geographic and Tribal communities'
representation in the award of grants.
new text end
new text begin
(e) Current recipients of funding under this section shall not be afforded priority over
new applicants.
new text end
new text begin
(f) Grant funds shall be used to support new or existing sexual and reproductive health
programs that provide person-centered, accessible services; that are culturally and
linguistically appropriate, inclusive of all people, and trauma-informed; that protect the
dignity of the individual; and that ensure equitable, quality services consistent with nationally
recognized standards of care. These services include:
new text end
new text begin
(i) education and outreach on medically accurate sexual and reproductive health
information;
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new text begin
(ii) contraceptive counseling, provision of contraceptive methods, and follow-up;
new text end
new text begin
(iii) screening, testing, and treatment of sexually transmitted infections and other sexual
or reproductive concerns; and
new text end
new text begin
(iv) referral and follow-up for medical, financial, mental health, and other services in
accord with a service recipient's needs.
new text end
deleted text begin
Except as provided in sections 144.341 and 144.342,
any person employed to provide family planning services who is paid in whole or in part
from funds provided under this section who advises an abortion or sterilization to any
unemancipated minor shall, following such a recommendation, so notify the parent or
guardian of the reasons for such an action.
deleted text end
The commissioner of health shall promulgate rules for approval of plans
and budgets of prospective grant recipients, for the submission of annual financial and
statistical reports, and the maintenance of statements of source and application of funds by
grant recipients. The commissioner of health may not require that any home rule charter or
statutory city or county apply for or receive grants under this subdivision as a condition for
the receipt of any state or federal funds unrelated to family planning services.
The request of any person
for deleted text beginfamily planningdeleted text endnew text begin sexual and reproductive healthnew text end services or the refusal to accept any
service shall in no way affect the right of the person to receive public assistance, public
health services, or any other public service. Nothing in this section shall abridge the right
of the deleted text beginindividualdeleted text endnew text begin personnew text end to make decisions concerning deleted text beginfamily planningdeleted text endnew text begin sexual and
reproductive healthnew text end, nor shall any deleted text beginindividualdeleted text endnew text begin personnew text end be required to state a reason for refusing
any offer of deleted text beginfamily planningdeleted text endnew text begin sexual and reproductive healthnew text end services.
deleted text begin
Any employee of the agencies engaged in the administration of the provisions of this
section may refuse to accept the duty of offering family planning services to the extent that
the duty is contrary to personal beliefs. A refusal shall not be grounds for dismissal,
suspension, demotion, or any other discrimination in employment. The directors or
supervisors of the agencies shall reassign the duties of employees in order to carry out the
provisions of this section.
deleted text end
All information gathered by any agency, entity, or individual conducting programs in
deleted text begin family planningdeleted text endnew text begin sexual and reproductive healthnew text end is private data on individuals within the
meaning of section 13.02, subdivision 12.new text begin For any person or entity meeting the definition
of a "provider" under section 144.291, subdivision 2, paragraph (i), all sexual and
reproductive health services information provided to, gathered about, or received from a
person under this section is also subject to the Minnesota Health Records Act, in sections
144.291 to 144.298.
new text end
deleted text begin
A grant recipient shall
inform any person requesting counseling on family planning methods or procedures of:
deleted text end
deleted text begin
(1) Any methods or procedures which may be followed, including identification of any
which are experimental or any which may pose a health hazard to the person;
deleted text end
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(2) A description of any attendant discomforts or risks which might reasonably be
expected;
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(3) A fair explanation of the likely results, should a method fail;
deleted text end
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(4) A description of any benefits which might reasonably be expected of any method;
deleted text end
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(5) A disclosure of appropriate alternative methods or procedures;
deleted text end
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(6) An offer to answer any inquiries concerning methods of procedures; and
deleted text end
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(7) An instruction that the person is free either to decline commencement of any method
or procedure or to withdraw consent to a method or procedure at any reasonable time.
deleted text end
deleted text begin
Any person who receives compensation for services under
any program receiving financial assistance under this section, who coerces or endeavors to
coerce any person to undergo an abortion or sterilization procedure by threatening the person
with the loss of or disqualification for the receipt of any benefit or service under a program
receiving state or federal financial assistance shall be guilty of a misdemeanor.
deleted text end
Notwithstanding any rules to the contrary, including
rules proposed in the State Register on April 1, 1991, the commissioner, in allocating grant
funds for family planning special projects, shall not limit the total amount of funds that can
be allocated to an organization. The commissioner shall allocate to an organization receiving
grant funds on July 1, 1997, at least the same amount of grant funds for the 1998 to 1999
grant cycle as the organization received for the 1996 to 1997 grant cycle, provided the
organization submits an application that meets grant funding criteria. This subdivision does
not affect any procedure established in rule for allocating special project money to the
different regions. The commissioner shall revise the rules for family planning special project
grants so that they conform to the requirements of this subdivision. In adopting these
revisions, the commissioner is not subject to the rulemaking provisions of chapter 14, but
is bound by section 14.386, paragraph (a), clauses (1) and (3). Section 14.386, paragraph
(b), does not apply to these rules.
new text begin
The commissioner of health shall establish a grant
program to improve child development outcomes and the well-being of children of color
and American Indian children from prenatal to grade 3 and their families. The purposes of
the program are to:
new text end
new text begin
(1) improve child development outcomes related to the well-being of children of color
and American Indian children from prenatal to grade 3 and their families, including but not
limited to the goals outlined by the Department of Human Services' early childhood systems
reform effort: early learning; health and well-being; economic security; and safe, stable,
nurturing relationships and environments by funding community-based solutions for
challenges that are identified by the affected community;
new text end
new text begin
(2) reduce racial disparities in children's health and development from prenatal to grade
3; and
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new text begin
(3) promote racial and geographic equity.
new text end
new text begin
The commissioner of health shall:
new text end
new text begin
(1) develop a request for proposals for the community solutions healthy child development
grant program in consultation with the community solutions advisory council;
new text end
new text begin
(2) provide outreach, technical assistance, and program development support to increase
capacity for new and existing service providers in order to better meet statewide needs,
particularly in greater Minnesota and areas where services to reduce health disparities have
not been established;
new text end
new text begin
(3) review responses to requests for proposals, in consultation with the community
solutions advisory council, and award grants under this section;
new text end
new text begin
(4) ensure communication with the ethnic councils, Minnesota Indian Affairs Council,
and the governor's early learning council on the request for proposal process;
new text end
new text begin
(5) establish a transparent and objective accountability process, in consultation with the
community solutions advisory council, focused on outcomes that grantees agree to achieve;
new text end
new text begin
(6) provide grantees with access to data to assist grantees in establishing and
implementing effective community-led solutions;
new text end
new text begin
(7) maintain data on outcomes reported by grantees; and
new text end
new text begin
(8) contract with an independent third-party entity to evaluate the success of the grant
program and to build the evidence base for effective community solutions in reducing health
disparities of children of color and American Indian children from prenatal to grade 3.
new text end
new text begin
(a) No later than October 1, 2023, the commissioner shall have convened
a 12-member community solutions advisory council as follows:
new text end
new text begin
(1) two members representing the African Heritage community;
new text end
new text begin
(2) two members representing the Latino community;
new text end
new text begin
(3) two members representing the Asian-Pacific Islander community;
new text end
new text begin
(4) two members representing the American Indian community;
new text end
new text begin
(5) two parents of children of Black, nonwhite people of color, or that are American
Indian with children under nine years of age;
new text end
new text begin
(6) one member with research or academic expertise in racial equity and healthy child
development; and
new text end
new text begin
(7) one member representing an organization that advocates on behalf of communities
of color or American Indians.
new text end
new text begin
(b) At least three of the 12 members of the advisory council must come from outside
the seven-county metropolitan area.
new text end
new text begin
(c) The community solutions advisory council shall:
new text end
new text begin
(1) advise the commissioner on the development of the request for proposals for
community solutions healthy child development grants. In advising the commissioner, the
council must consider how to build on the capacity of communities to promote child and
family well-being and address social determinants of healthy child development;
new text end
new text begin
(2) review responses to requests for proposals and advise the commissioner on the
selection of grantees and grant awards;
new text end
new text begin
(3) advise the commissioner on the establishment of a transparent and objective
accountability process focused on outcomes the grantees agree to achieve;
new text end
new text begin
(4) advise the commissioner on ongoing oversight and necessary support in the
implementation of the program; and
new text end
new text begin
(5) support the commissioner on other racial equity and early childhood grant efforts.
new text end
new text begin
(d) Each advisory council member shall be compensated in accordance with section
15.059, subdivision 3.
new text end
new text begin
Organizations eligible to receive grant funding under this
section include: (1) organizations or entities that work with Black, non-white communities
of color, and American Indian communities;
new text end
new text begin
(2) Tribal nations and Tribal organizations as defined in section 658P of the Child Care
and Development Block Grant Act of 1990; and
new text end
new text begin
(3) organizations or entities focused on supporting healthy child development.
new text end
new text begin
(a) The commissioner, in consultation with the community solutions advisory
council, shall develop a request for proposals for healthy child development grants. In
developing the proposals and awarding the grants, the commissioner shall consider building
on the capacity of communities to promote child and family well-being and address social
determinants of healthy child development. Proposals must focus on increasing racial equity
and healthy child development and reducing health disparities experienced by children of
Black, nonwhite people of color, and American Indian children from prenatal to grade 3
and their families.
new text end
new text begin
(b) In awarding the grants, the commissioner shall provide strategic consideration and
give priority to proposals from:
new text end
new text begin
(1) organizations or entities led by Black and other nonwhite people of color and serving
Black and nonwhite communities of color;
new text end
new text begin
(2) organizations or entities led by American Indians and serving American Indians,
including Tribal nations and Tribal organizations;
new text end
new text begin
(3) organizations or entities with proposals focused on healthy development from prenatal
to age three;
new text end
new text begin
(4) organizations or entities with proposals focusing on multigenerational solutions;
new text end
new text begin
(5) organizations or entities located in or with proposals to serve communities located
in counties that are moderate to high risk according to the Wilder Research Risk and Reach
Report; and
new text end
new text begin
(6) community-based organizations that have historically served communities of color
and American Indians and have not traditionally had access to state grant funding.
new text end
new text begin
The advisory council may recommend additional strategic considerations and priorities
to the commissioner.
new text end
new text begin
The commissioner and the advisory council
shall ensure that grant funds are prioritized and awarded to organizations and entities that
are within counties that have a higher proportion of Black, nonwhite communities of color,
and American Indians than the state average, to the extent possible.
new text end
new text begin
Grantees must report grant program outcomes to the commissioner on
the forms and according to the timelines established by the commissioner.
new text end
new text begin
The commissioner of health shall develop a
grant program for the purpose of remediating identified sources of lead in drinking water
in schools and licensed child care settings.
new text end
new text begin
The commissioner shall award grants through a request
for proposals process to schools and licensed child care settings. Priority shall be given to
schools and licensed child care settings with higher levels of lead detected in water samples,
evidence of lead service lines, or lead plumbing materials and school districts that serve
disadvantaged communities.
new text end
new text begin
Grantees must use the funds to address sources of lead
contamination in their facilities including but not limited to service connections, premise
plumbing, and implementing best practices for water management within the building.
new text end
new text begin
By July 1, 2024, licensed child care providers must
develop a plan to accurately and efficiently test for the presence of lead in drinking water
in child care facilities following either the Department of Health's document "Reducing
Lead in Drinking Water: A Technical Guidance for Minnesota's School and Child Care
Facilities" or the Environmental Protection Agency's "3Ts: Training, Testing, Taking Action"
guidance materials.
new text end
new text begin
The plan under subdivision 1 must include
testing every building serving children and all water fixtures used for consumption of water,
including water used in food preparation. All taps must be tested at least once every five
years. A licensed child care provider must begin testing in buildings by July 1, 2024, and
complete testing in all buildings that serve students within five years.
new text end
new text begin
The plan under subdivision 1 must
include steps to remediate if lead is present in drinking water. A licensed child care provider
that finds lead at concentrations at or exceeding five parts per billion at a specific location
providing water to children within its facilities must take action to reduce lead exposure
following guidance and verify the success of remediation by retesting the location for lead.
Remediation actions are actions that reduce lead levels from the drinking water fixture as
demonstrated by testing. This includes using certified filters, implementing, and documenting
a building-wide flushing program, and replacing or removing fixtures with elevated lead
levels.
new text end
new text begin
(a) A licensed child care provider that tested its buildings
for the presence of lead shall make the results of the testing and any remediation steps taken
available to parents and staff and notify them of the availability of results. Reporting shall
occur no later than 30 days from receipt of results and annually thereafter.
new text end
new text begin
(b) Beginning July 1, 2024, a licensed child care provider must report the provider's test
results and remediation activities to the commissioner of health annually on or before July
1 of each year.
new text end
new text begin
The purpose of the Healthy Beginnings, Healthy Families Act
is to build equitable, inclusive, and culturally and linguistically responsive systems that
ensure the health and well-being of young children and their families by supporting the
Minnesota perinatal quality collaborative, establishing the Minnesota partnership to prevent
infant mortality, increasing access to culturally relevant developmental and social-emotional
screening with follow-up, and sustaining and expanding the model jail practices for children
of incarcerated parents in Minnesota jails.
new text end
new text begin
The Minnesota perinatal quality
collaborative is established to improve pregnancy outcomes for pregnant people and
newborns through efforts to:
new text end
new text begin
(1) advance evidence-based and evidence-informed clinics and other health service
practices and processes through quality care review, chart audits, and continuous quality
improvement initiatives that enable equitable outcomes;
new text end
new text begin
(2) review current data, trends, and research on best practices to inform and prioritize
quality improvement initiatives;
new text end
new text begin
(3) identify methods that incorporate antiracism into individual practice and organizational
guidelines in the delivery of perinatal health services;
new text end
new text begin
(4) support quality improvement initiatives to address substance use disorders in pregnant
people and infants with neonatal abstinence syndrome or other effects of substance use;
new text end
new text begin
(5) provide a forum to discuss state-specific system and policy issues to guide quality
improvement efforts that improve population-level perinatal outcomes;
new text end
new text begin
(6) reach providers and institutions in a multidisciplinary, collaborative, and coordinated
effort across system organizations to reinforce a continuum of care model; and
new text end
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(7) support health care facilities in monitoring interventions through rapid data collection
and applying system changes to provide improved care in perinatal health.
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The commissioner of health shall make a grant to a
nonprofit organization to create or sustain a multidisciplinary network of representatives
of health care systems, health care providers, academic institutions, local and state agencies,
and community partners that will collaboratively improve pregnancy and infant outcomes
through evidence-based, population-level quality improvement initiatives.
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The commissioner shall award one grant to a nonprofit
organization to support efforts that improve maternal and infant health outcomes aligned
with the purpose outlined in subdivision 2. The commissioner shall give preference to a
nonprofit organization that has the ability to provide these services throughout the state.
The commissioner shall provide content expertise to the grant recipient to further the
accomplishment of the purpose.
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(a) The
commissioner of health shall establish the Minnesota partnership to prevent infant mortality
program that is a statewide partnership program to engage communities, exchange best
practices, share summary data on infant health, and promote policies to improve birth
outcomes and eliminate preventable infant mortality.
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(b) The goal of the Minnesota partnership to prevent infant mortality program is to:
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(1) build a statewide multisectoral partnership including the state government, local
public health agencies, Tribes, private sector, and community nonprofit organizations with
the shared goal of decreasing infant mortality rates among populations with significant
disparities, including among Black, American Indian, other nonwhite communities, and
rural populations;
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(2) address the leading causes of poor infant health outcomes such as premature birth,
infant sleep-related deaths, and congenital anomalies through strategies to change social
and environmental determinants of health; and
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(3) promote the development, availability, and use of data-informed, community-driven
strategies to improve infant health outcomes.
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(a) The commissioner of health shall award grants to
eligible applicants to convene, coordinate, and implement data-driven strategies and culturally
relevant activities to improve infant health by reducing preterm birth, sleep-related infant
deaths, and congenital malformations and address social and environmental determinants
of health. Grants shall be awarded to support community nonprofit organizations, Tribal
governments, and community health boards. In accordance with available funding, grants
shall be noncompetitively awarded to the eleven sovereign Tribal governments if their
respective proposals demonstrate the ability to implement programs designed to achieve
the purposes in subdivision 2 and meet other requirements of this section. An eligible
applicant must submit a complete application to the commissioner of health by the deadline
established by the commissioner. The commissioner shall award all other grants competitively
to eligible applicants in metropolitan and rural areas of the state and may consider geographic
representation in grant awards.
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(b) Grantee activities shall:
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(1) address the leading cause or causes of infant mortality;
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(2) be based on community input;
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(3) focus on policy, systems, and environmental changes that support infant health; and
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(4) address the health disparities and inequities that are experienced in the grantee's
community.
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(c) The commissioner shall review each application to determine whether the application
is complete and whether the applicant and the project are eligible for a grant. In evaluating
applications according to subdivision 2, the commissioner shall establish criteria including
but not limited to: the eligibility of the applicant's project under this section; the applicant's
thoroughness and clarity in describing the infant health issues grant funds are intended to
address; a description of the applicant's proposed project; the project's likelihood to achieve
the grant's purposes as described in this section; a description of the population demographics
and service area of the proposed project; and evidence of efficiencies and effectiveness
gained through collaborative efforts.
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(d) Grant recipients shall report their activities to the commissioner in a format and at
a time specified by the commissioner.
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(a) The commissioner shall provide content expertise,
technical expertise, training to grant recipients, and advice on data-driven strategies.
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(b) For the purposes of carrying out the grant program under subdivision 5, including
for administrative purposes, the commissioner shall award contracts to appropriate entities
to assist in training and provide technical assistance to grantees.
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(c) Contracts awarded under paragraph (b) may be used to provide technical assistance
and training in the areas of:
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(1) partnership development and capacity building;
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(2) Tribal support;
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(3) implementation support for specific infant health strategies;
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(4) communications by convening and sharing lessons learned; and
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(5) health equity.
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The goal of
the developmental and social-emotional screening is to identify young children at risk for
developmental and behavioral concerns and provide follow-up services to connect families
and young children to appropriate community-based resources and programs. The
commissioner of health shall work with the commissioners of human services and education
to implement this section and promote interagency coordination with other early childhood
programs including those that provide screening and assessment.
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The commissioner shall:
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(1) increase the awareness of developmental and social-emotional screening with
follow-up in coordination with community and state partners;
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(2) expand existing electronic screening systems to administer developmental and
social-emotional screening to children birth to kindergarten entrance;
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(3) provide screening for developmental and social-emotional delays based on current
recommended best practices;
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(4) review and share the results of the screening with the parent or guardian. Support
families in their role as caregivers by providing anticipatory guidance around typical growth
and development;
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(5) ensure children and families are referred to and linked with appropriate
community-based services and resources when any developmental or social-emotional
concerns are identified through screening; and
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(6) establish performance measures and collect, analyze, and share program data regarding
population-level outcomes of developmental and social-emotional screening, referrals to
community-based services, and follow-up services.
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The commissioner shall award grants to community-based
organizations, community health boards, and Tribal nations to support follow-up services
for children with developmental or social-emotional concerns identified through screening
in order to link children and their families to appropriate community-based services and
resources. Grants shall also be awarded to community-based organizations to train and
utilize cultural liaisons to help families navigate the screening and follow-up process in a
culturally and linguistically responsive manner. The commissioner shall provide technical
assistance, content expertise, and training to grant recipients to ensure that follow-up services
are effectively provided.
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(a) The commissioner of health
may make special grants to counties and groups of counties to implement model jail practices
and to county governments, Tribal governments, or nonprofit organizations in corresponding
geographic areas to build partnerships with county jails to support children of incarcerated
parents and their caregivers.
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(b) "Model jail practices" means a set of practices that correctional administrators can
implement to remove barriers that may prevent children from cultivating or maintaining
relationships with their incarcerated parents during and immediately after incarceration
without compromising safety or security of the correctional facility.
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(a) The commissioner of health
shall award grants to eligible county jails to implement model jail practices and separate
grants to county governments, Tribal governments, or nonprofit organizations in
corresponding geographic areas to build partnerships with county jails to support children
of incarcerated parents and their caregivers.
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(b) Grantee activities include but are not limited to:
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(1) parenting classes or groups;
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(2) family-centered intake and assessment of inmate programs;
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(3) family notification, information, and communication strategies;
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(4) correctional staff training;
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(5) policies and practices for family visits; and
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(6) family-focused reentry planning.
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(c) Grant recipients shall report their activities to the commissioner in a format and at a
time specified by the commissioner.
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(a) The
commissioner shall provide content expertise, training to grant recipients, and advice on
evidence-based strategies, including evidence-based training to support incarcerated parents.
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(b) For the purposes of carrying out the grant program under subdivision 7a, including
for administrative purposes, the commissioner shall award contracts to appropriate entities
to assist in training and provide technical assistance to grantees.
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(c) Contracts awarded under paragraph (b) may be used to provide technical assistance
and training in the areas of:
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(1) evidence-based training for incarcerated parents;
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(2) partnership building and community engagement;
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(3) evaluation of process and outcomes of model jail practices; and
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(4) expert guidance on reducing the harm caused to children of incarcerated parents and
application of model jail practices.
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The commissioner
shall establish and appoint a health equity advisory and leadership (HEAL) council to
provide guidance to the commissioner of health regarding strengthening and improving the
health of communities most impacted by health inequities across the state. The council shall
consist of 18 members who will provide representation from the following groups:
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(1) African American and African heritage communities;
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(2) Asian American and Pacific Islander communities;
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(3) Latina/o/x communities;
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(4) American Indian communities and Tribal governments and nations;
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(5) disability communities;
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(6) lesbian, gay, bisexual, transgender, and queer (LGBTQ) communities; and
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(7) representatives who reside outside the seven-county metropolitan area.
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The advisory council shall be organized and
administered under section 15.059. Meetings shall be held at least quarterly and hosted by
the department. Subcommittees may be convened as necessary. Advisory council meetings
are subject to the open meeting law under chapter 13D.
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The advisory council shall:
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(1) advise the commissioner on health equity issues and the health equity priorities and
concerns of the populations specified in subdivision 1;
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(2) assist the agency in efforts to advance health equity, including consulting in specific
agency policies and programs, providing ideas and input about potential budget and policy
proposals, and recommending review of agency policies, standards, or procedures that may
create or perpetuate health inequities; and
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(3) assist the agency in developing and monitoring meaningful performance measures
related to advancing health equity.
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The advisory council shall remain in existence until health inequities
in the state are eliminated. Health inequities will be considered eliminated when race,
ethnicity, income, gender, gender identity, geographic location, or other identity or social
marker will no longer be predictors of health outcomes in the state. Section 145.928 describes
nine health disparities that must be considered when determining whether health inequities
have been eliminated in the state.
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The commissioner shall establish the
Comprehensive and Collaborative Resource and Referral System for Children to support a
comprehensive, collaborative resource and referral system for children from prenatal through
age eight, and their families. The commissioner of health shall work collaboratively with
the commissioners of human services and education to implement this section.
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(a) The Help Me Connect system shall facilitate collaboration across
sectors, including child health, early learning and education, child welfare, and family
supports by:
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(1) providing early childhood provider outreach to support knowledge of and access to
local resources that provide early detection and intervention services;
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(2) identifying and providing access to early childhood and family support navigation
specialists that can support families and their children's needs; and
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(3) linking children and families to appropriate community-based services.
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(b) The Help Me Connect system shall provide community outreach that includes support
for, and participation in, the Help Me Connect system, including disseminating information
on the system and compiling and maintaining a current resource directory that includes but
is not limited to primary and specialty medical care providers; early childhood education
and child care programs; developmental disabilities assessment and intervention programs;
mental health services; family and social support programs; child advocacy and legal services;
public health services and resources; and other appropriate early childhood information.
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(c) The Help Me Connect system shall maintain a centralized access point for parents
and professionals to obtain information, resources, and other support services.
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(d) The Help Me Connect system shall collect data to increase understanding of the
current and ongoing system of support and resources for expectant families and children
through age eight and their families, including identification of gaps in service, barriers to
finding and receiving appropriate services, and lack of resources.
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Minnesota Statutes 2022, section 145A.131, subdivision 1, is amended to read:
(a) Base funding for
each community health board eligible for a local public health grant under section 145A.03,
subdivision 7, shall be determined by each community health board's fiscal year 2003
allocations, prior to unallotment, for the following grant programs: community health
services subsidy; state and federal maternal and child health special projects grants; family
home visiting grants; TANF MN ENABL grants; TANF youth risk behavior grants; and
available women, infants, and children grant funds in fiscal year 2003, prior to unallotment,
distributed based on the proportion of WIC participants served in fiscal year 2003 within
the CHS service area.
(b) Base funding for a community health board eligible for a local public health grant
under section 145A.03, subdivision 7, as determined in paragraph (a), shall be adjusted by
the percentage difference between the base, as calculated in paragraph (a), and the funding
available for the local public health grant.
(c) Multicounty or multicity community health boards shall receive a local partnership
base of up to $5,000 per year for each county or city in the case of a multicity community
health board included in the community health board.
(d) The State Community Health Advisory Committee may recommend a formula to
the commissioner to use in distributing funds to community health boards.
(e) Notwithstanding any adjustment in paragraph (b), community health boards, all or
a portion of which are located outside of the counties of Anoka, Chisago, Carver, Dakota,
Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright, are eligible to receive
an increase equal to ten percent of the grant award to the community health board under
paragraph (a) starting July 1, 2015. The increase in calendar year 2015 shall be prorated for
the last six months of the year. For calendar years beginning on or after January 1, 2016,
the amount distributed under this paragraph shall be adjusted each year based on available
funding and the number of eligible community health boards.
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(f) Funding for foundational public health responsibilities must be distributed based on
a formula determined by the commissioner in consultation with the State Community Health
Services Advisory Committee. A portion of these funds may be used to fund new
organizational models, including multijurisdictional and regional partnerships. These funds
shall be used in accordance with subdivision 5.
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Minnesota Statutes 2022, section 145A.131, subdivision 5, is amended to read:
new text begin(a) new text endCommunity health boards may use new text beginthe base funding of new text endtheir
local public health grant funds new text beginas outlined in subdivision 1, paragraphs (a) to (e), new text endto address
the areas of public health res