HF 3090

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to human services; requiring background 
  1.3             studies of individuals who provide transportation 
  1.4             services to patients and residents of health care 
  1.5             facilities licensed by the department of health and 
  1.6             the department of human services; requiring criminal 
  1.7             background checks of individuals who provide 
  1.8             transportation services to elderly, handicapped, and 
  1.9             other individuals with special transportation needs 
  1.10            through contracts with the metropolitan council; 
  1.11            amending Minnesota Statutes 1995 Supplement, sections 
  1.12            144.057, subdivision 1; 245A.04, subdivision 3; and 
  1.13            473.386, subdivision 2. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.16  144.057, subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [BACKGROUND STUDIES REQUIRED.] The 
  1.18  commissioner of health shall contract with the commissioner of 
  1.19  human services to conduct background studies of individuals 
  1.20  providing who provide services, including transportation 
  1.21  services which, and who have direct contact, as defined under 
  1.22  section 245A.04, subdivision 3, with patients and residents in 
  1.23  hospitals, boarding care homes, outpatient surgical centers 
  1.24  licensed under sections 144.50 to 144.58; nursing homes and home 
  1.25  care agencies licensed under chapter 144A; residential care 
  1.26  homes licensed under chapter 144B, and board and lodging 
  1.27  establishments that are registered to provide supportive or 
  1.28  health supervision services under section 157.031.  If a 
  1.29  facility or program is licensed by the department of human 
  2.1   services and subject to the background study provisions of 
  2.2   chapter 245A and is also licensed by the department of health, 
  2.3   the department of human services is solely responsible for the 
  2.4   background studies of individuals in the jointly licensed 
  2.5   programs. 
  2.6      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.7   245A.04, subdivision 3, is amended to read: 
  2.8      Subd. 3.  [STUDY OF THE APPLICANT.] (a) Before the 
  2.9   commissioner issues a license, the commissioner shall conduct a 
  2.10  study of the individuals specified in clauses (1) to (5) 
  2.11  according to rules of the commissioner.  The applicant, license 
  2.12  holder, the bureau of criminal apprehension, the commissioner of 
  2.13  health and county agencies, after written notice to the 
  2.14  individual who is the subject of the study, shall help with the 
  2.15  study by giving the commissioner criminal conviction data and 
  2.16  reports about abuse or neglect of adults in licensed programs 
  2.17  substantiated under section 626.557 and the maltreatment of 
  2.18  minors in licensed programs substantiated under section 
  2.19  626.556.  The individuals to be studied shall include: 
  2.20     (1) the applicant; 
  2.21     (2) persons over the age of 13 living in the household 
  2.22  where the licensed program will be provided; 
  2.23     (3) current employees or contractors of the applicant who 
  2.24  will have direct contact with persons served by the program, 
  2.25  including individuals who provide transportation services to 
  2.26  persons served by the program; 
  2.27     (4) volunteers who have direct contact with persons served 
  2.28  by the program to provide program services, if the contact is 
  2.29  not directly supervised by the individuals listed in clause (1) 
  2.30  or (3); and 
  2.31     (5) any person who, as an individual or as a member of an 
  2.32  organization, exclusively offers, provides, or arranges for 
  2.33  personal care assistant services under the medical assistance 
  2.34  program as authorized under sections 256B.04, subdivision 16, 
  2.35  and 256B.0625, subdivision 19. 
  2.36     The juvenile courts shall also help with the study by 
  3.1   giving the commissioner existing juvenile court records on 
  3.2   individuals described in clause (2) relating to delinquency 
  3.3   proceedings held within either the five years immediately 
  3.4   preceding the application or the five years immediately 
  3.5   preceding the individual's 18th birthday, whichever time period 
  3.6   is longer.  The commissioner shall destroy juvenile records 
  3.7   obtained pursuant to this subdivision when the subject of the 
  3.8   records reaches age 23.  
  3.9      For purposes of this section and Minnesota Rules, part 
  3.10  9543.3070, a finding that a delinquency petition is proven in 
  3.11  juvenile court shall be considered a conviction in state 
  3.12  district court. 
  3.13     For purposes of this subdivision, "direct contact" means 
  3.14  providing face-to-face care, transportation, training, 
  3.15  supervision, counseling, consultation, or medication assistance 
  3.16  to persons served by a program.  For purposes of this 
  3.17  subdivision, "directly supervised" means an individual listed in 
  3.18  clause (1), (3), or (5) is within sight or hearing of a 
  3.19  volunteer to the extent that the individual listed in clause 
  3.20  (1), (3), or (5) is capable at all times of intervening to 
  3.21  protect the health and safety of the persons served by the 
  3.22  program who have direct contact with the volunteer. 
  3.23     A study of an individual in clauses (1) to (5) shall be 
  3.24  conducted at least upon application for initial license and 
  3.25  reapplication for a license.  The commissioner is not required 
  3.26  to conduct a study of an individual at the time of reapplication 
  3.27  for a license, other than a family day care or foster care 
  3.28  license, if (i) a study of the individual was conducted either 
  3.29  at the time of initial licensure or when the individual became 
  3.30  affiliated with the license holder; (ii) the individual has been 
  3.31  continuously affiliated with the license holder since the last 
  3.32  study was conducted; and (iii) the procedure described in 
  3.33  paragraph (b) has been implemented and was in effect 
  3.34  continuously since the last study was conducted.  No applicant, 
  3.35  license holder, or individual who is the subject of the study 
  3.36  shall pay any fees required to conduct the study.  
  4.1      (b) If an individual who is affiliated with a program or 
  4.2   facility regulated by the department of human services or 
  4.3   department of health is convicted of a crime constituting a 
  4.4   disqualification under Minnesota Rules, parts 9543.3000 to 
  4.5   9543.3090, the probation officer or corrections agent shall 
  4.6   notify the commissioner of the conviction.  The commissioner, in 
  4.7   consultation with the commissioner of corrections, shall develop 
  4.8   forms and information necessary to implement this paragraph and 
  4.9   shall provide the forms and information to the commissioner of 
  4.10  corrections for distribution to local probation officers and 
  4.11  corrections agents.  The commissioner shall inform individuals 
  4.12  subject to a background study that criminal convictions for 
  4.13  disqualifying crimes will be reported to the commissioner by the 
  4.14  corrections system.  A probation officer, corrections agent, or 
  4.15  corrections agency is not civilly or criminally liable for 
  4.16  disclosing or failing to disclose the information required by 
  4.17  this paragraph.  This paragraph does not apply to family day 
  4.18  care and foster care programs. 
  4.19     (c) The individual who is the subject of the study must 
  4.20  provide the applicant or license holder with sufficient 
  4.21  information to ensure an accurate study including the 
  4.22  individual's first, middle, and last name; home address, city, 
  4.23  county, and state of residence; zip code; sex; date of birth; 
  4.24  and driver's license number.  The applicant or license holder 
  4.25  shall provide this information about an individual in paragraph 
  4.26  (a), clauses (1) to (5), on forms prescribed by the 
  4.27  commissioner.  The commissioner may request additional 
  4.28  information of the individual, which shall be optional for the 
  4.29  individual to provide, such as the individual's social security 
  4.30  number or race. 
  4.31     (d) Except for child foster care, adult foster care, and 
  4.32  family day care homes, a study must include information from the 
  4.33  county agency's record of substantiated abuse or neglect of 
  4.34  adults in licensed programs, and the maltreatment of minors in 
  4.35  licensed programs, information from juvenile courts as required 
  4.36  in paragraph (a) for persons listed in paragraph (a), clause 
  5.1   (2), and information from the bureau of criminal apprehension.  
  5.2   For child foster care, adult foster care, and family day care 
  5.3   homes, the study must include information from the county 
  5.4   agency's record of substantiated abuse or neglect of adults, and 
  5.5   the maltreatment of minors, information from juvenile courts as 
  5.6   required in paragraph (a) for persons listed in paragraph (a), 
  5.7   clause (2), and information from the bureau of criminal 
  5.8   apprehension.  The commissioner may also review arrest and 
  5.9   investigative information from the bureau of criminal 
  5.10  apprehension, the commissioner of health, a county attorney, 
  5.11  county sheriff, county agency, local chief of police, other 
  5.12  states, the courts, or a national criminal record repository if 
  5.13  the commissioner has reasonable cause to believe the information 
  5.14  is pertinent to the disqualification of an individual listed in 
  5.15  paragraph (a), clauses (1) to (5).  The commissioner is not 
  5.16  required to conduct more than one review of a subject's records 
  5.17  from the national criminal record repository if a review of the 
  5.18  subject's criminal history with the national criminal record 
  5.19  repository has already been completed by the commissioner and 
  5.20  there has been no break in the subject's affiliation with the 
  5.21  license holder who initiated the background studies. 
  5.22     (e) An applicant's or license holder's failure or refusal 
  5.23  to cooperate with the commissioner is reasonable cause to deny 
  5.24  an application or immediately suspend, suspend, or revoke a 
  5.25  license.  Failure or refusal of an individual to cooperate with 
  5.26  the study is just cause for denying or terminating employment of 
  5.27  the individual if the individual's failure or refusal to 
  5.28  cooperate could cause the applicant's application to be denied 
  5.29  or the license holder's license to be immediately suspended, 
  5.30  suspended, or revoked. 
  5.31     (f) The commissioner shall not consider an application to 
  5.32  be complete until all of the information required to be provided 
  5.33  under this subdivision has been received.  
  5.34     (g) No person in paragraph (a), clause (1), (2), (3), (4), 
  5.35  or (5) who is disqualified as a result of this section may be 
  5.36  retained by the agency in a position involving direct contact 
  6.1   with persons served by the program. 
  6.2      (h) Termination of persons in paragraph (a), clause (1), 
  6.3   (2), (3), (4), or (5), made in good faith reliance on a notice 
  6.4   of disqualification provided by the commissioner shall not 
  6.5   subject the applicant or license holder to civil liability. 
  6.6      (i) The commissioner may establish records to fulfill the 
  6.7   requirements of this section. 
  6.8      (j) The commissioner may not disqualify an individual 
  6.9   subject to a study under this section because that person has, 
  6.10  or has had, a mental illness as defined in section 245.462, 
  6.11  subdivision 20. 
  6.12     (k) An individual who is subject to an applicant background 
  6.13  study under this section and whose disqualification in 
  6.14  connection with a license would be subject to the limitations on 
  6.15  reconsideration set forth in subdivision 3b, paragraph (c), 
  6.16  shall be disqualified for conviction of the crimes specified in 
  6.17  the manner specified in subdivision 3b, paragraph (c).  The 
  6.18  commissioner of human services shall amend Minnesota Rules, part 
  6.19  9543.3070, to conform to this section. 
  6.20     (l) An individual must be disqualified if it has been 
  6.21  determined that the individual failed to make required reports 
  6.22  under section 626.556, subdivision 3, or 626.557, subdivision 3, 
  6.23  for incidents in which:  (1) the final disposition under section 
  6.24  626.556 or 626.557 was substantiated maltreatment, and (2) the 
  6.25  maltreatment was recurring or serious as defined in Minnesota 
  6.26  Rules, part 9543.3020, subpart 10.  
  6.27     (m) An individual subject to disqualification under this 
  6.28  subdivision has the applicable rights in subdivision 3a, 3b, or 
  6.29  3c. 
  6.30     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  6.31  473.386, subdivision 2, is amended to read: 
  6.32     Subd. 2.  [SERVICE CONTRACTS; MANAGEMENT; TRANSPORTATION 
  6.33  ACCESSIBILITY ADVISORY COMMITTEE.] (a) The council may contract 
  6.34  for services necessary for the provision of special 
  6.35  transportation.  Transportation service provided under a 
  6.36  contract must specify the service to be provided, the standards 
  7.1   that must be met, and the rates for operating and providing 
  7.2   special transportation services.  
  7.3      (b) The council shall establish management policies for the 
  7.4   service and may contract with a service administrator for 
  7.5   day-to-day administration and management of the service.  Any 
  7.6   contract must delegate to the service administrator clear 
  7.7   authority to administer and manage the delivery of the service 
  7.8   pursuant to council management policies and must establish 
  7.9   performance and compliance standards for the service 
  7.10  administrator.  The council may provide directly day to day 
  7.11  administration and management of the service and may own or 
  7.12  lease vehicles used to provide the service.  
  7.13     (c) The council shall ensure that the service administrator 
  7.14  establishes a system for registering and expeditiously 
  7.15  responding to complaints by users, informing users of how to 
  7.16  register complaints, and requiring providers to report on 
  7.17  incidents that impair the safety and well-being of users or the 
  7.18  quality of the service.  The council shall annually report to 
  7.19  the commissioner of transportation and the legislature on 
  7.20  complaints and provider reports, the response of the service 
  7.21  administrator, and steps taken by the council and the service 
  7.22  administrator to identify causes and provide remedies to 
  7.23  recurring problems. 
  7.24     (d) Each year before renewing contracts with providers and 
  7.25  the service administrator, the council shall provide an 
  7.26  opportunity for the transportation accessibility advisory 
  7.27  committee, users, and other interested persons to testify before 
  7.28  the council concerning providers, contract terms, and other 
  7.29  matters relating to council policies and procedures for 
  7.30  implementing the service. 
  7.31     (e) The council shall establish a transportation 
  7.32  accessibility advisory committee.  The transportation 
  7.33  accessibility advisory committee must include elderly and 
  7.34  disabled persons, other users of special transportation service, 
  7.35  representatives of persons contracting to provide special 
  7.36  transportation services, and representatives of appropriate 
  8.1   agencies for elderly and disabled persons to advise the council 
  8.2   on management policies for the service.  At least half the 
  8.3   transportation accessibility advisory committee members must be 
  8.4   disabled or elderly persons or the representatives of disabled 
  8.5   or elderly persons.  Two of the appointments to the 
  8.6   transportation accessibility advisory committee shall be made by 
  8.7   the council on disability in consultation with the chair of the 
  8.8   metropolitan council.  
  8.9      (f) The council shall request a criminal history background 
  8.10  check from the superintendent of the bureau of criminal 
  8.11  apprehension on all individuals who provide transportation under 
  8.12  this section and who have direct contact, as defined under 
  8.13  section 245A.04, subdivision 3, with individuals served under 
  8.14  this section.  An individual for whom a background check is 
  8.15  required must provide the council an executed criminal history 
  8.16  consent form and a money order or cashier's check payable to the 
  8.17  bureau of criminal apprehension for the fee required to conduct 
  8.18  the criminal history background check.  The council may charge a 
  8.19  person for whom a background check is required an additional fee 
  8.20  of up to $2 to cover the council's costs under this section.  
  8.21  The superintendent shall perform the background check by 
  8.22  retrieving criminal history data maintained in the criminal 
  8.23  justice information system computers.