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Capital IconMinnesota Legislature

HF 3138

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/02/2018 08:41am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42 2.43 2.44 2.45 2.46 2.47 2.48 2.49 2.50 2.51 2.52 2.53 2.54 2.55 2.56 2.57 2.58 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9
3.10 3.11
3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20
3.21 3.22 3.23
3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34
4.1 4.2 4.3
4.4 4.5 4.6 4.7 4.8
4.9 4.10 4.11
4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 5.1 5.2 5.3 5.4
5.5 5.6 5.7
5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18
5.19 5.20 5.21
5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7
6.8 6.9 6.10
6.11 6.12 6.13 6.14
6.15 6.16 6.17
6.18 6.19 6.20 6.21 6.22
6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11
7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 9.1 9.2 9.3 9.4 9.5
9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14
10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22
10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10
11.11 11.12 11.13 11.14 11.15
11.16 11.17 11.18 11.19
11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2
12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13
14.14
14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15
15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17
16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9
17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21
17.22
17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 20.1 20.2 20.3 20.4 20.5 20.6
20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21
21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25
22.26 22.27 22.28 22.29 22.30 22.31 22.32 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9
23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28
24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17
24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 26.1 26.2 26.3
26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12
26.13 26.14 26.15 26.16 26.17 26.18
26.19 26.20 26.21 26.22
26.23 26.24 26.25 26.26 26.27
27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26
27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4
30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12
32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31
34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30
35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22
35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14
36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14
37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 38.1 38.2 38.3 38.4
38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9
39.10 39.11 39.12 39.13 39.14 39.15 39.16
39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27
39.28 39.29 39.30 39.31 39.32 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9
40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15
41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3
42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20
42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15
43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30
45.1 45.2 45.3 45.4 45.5 45.6 45.7
45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 46.1 46.2 46.3 46.4 46.5 46.6 46.7
46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21
46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15
47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28
48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28
48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16
49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32
50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8
50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23
50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5
51.6
51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23
51.24 51.25 51.26 51.27 51.28 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 53.1 53.2 53.3
53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28
53.29 53.30 53.31 54.1 54.2 54.3 54.4 54.5 54.6 54.7
54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 55.1 55.2 55.3
55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19
55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 56.1 56.2
56.3 56.4 56.5 56.6 56.7 56.8
56.9
56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17
56.18
56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22
57.23
57.24 57.25 57.26 57.27 57.28 57.29 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8
58.9
58.10 58.11 58.12 58.13
58.14
58.15 58.16 58.17 58.18 58.19 58.20
58.21
58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26
60.27
60.28 60.29 60.30 60.31 60.32 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14
61.15
61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16
62.17
62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 63.1 63.2 63.3 63.4 63.5 63.6
63.7
63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19
63.20
63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32
65.1
65.2 65.3 65.4 65.5 65.6
65.7
65.8 65.9 65.10 65.11 65.12
65.13
65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17
66.18
66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32
69.1
69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31
69.32
70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18
70.19
70.20 70.21 70.22 70.23 70.24 70.25 70.26
70.27 70.28 70.29 70.30 71.1 71.2 71.3 71.4 71.5
71.6 71.7
71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 72.1 72.2 72.3 72.4 72.5 72.6 72.7
72.8 72.9
72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23
72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21
74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30
75.1 75.2 75.3 75.4 75.5 75.6 75.7
75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21
75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29
75.30 75.31 75.32 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8
76.9 76.10 76.11
76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22
76.23
76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32
77.1 77.2 77.3
77.4 77.5
77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 78.1 78.2 78.3 78.4 78.5 78.6
78.7
78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31
79.1 79.2
79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10
80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33
81.1 81.2
81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24
82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17
83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12
85.13 85.14 85.15 85.16 85.17 85.18
85.19
85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31
85.32
86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 87.1 87.2 87.3 87.4
87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28
89.29 89.30
89.31 89.32 89.33 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8
92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 94.35 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13
97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26
97.27 97.28 97.29 97.30 97.31 97.32 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16
98.17
98.18 98.19 98.20 98.21 98.22 98.23 98.24
98.25
98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14
100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25
100.26 100.27 100.28 100.29 100.30 100.31 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28
102.29 102.30
103.1 103.2
103.3 103.4 103.5 103.6 103.7
103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18
105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2
106.3
106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22
108.23
108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29
110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 111.1 111.2
111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15
111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9
112.10 112.11 112.12
112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21
112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 113.35
114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 115.34 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 117.1 117.2 117.3
117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19
118.20 118.21
118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 119.1 119.2 119.3 119.4 119.5 119.6 119.7
119.8 119.9
119.10 119.11
119.12 119.13
119.14 119.15
119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17
120.18 120.19
120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33
121.1
121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24
123.25 123.26
123.27 123.28 123.29 123.30 123.31 123.32 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28
127.29
128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11
128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14
131.15 131.16 131.17
131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24
139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 140.1 140.2
140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17
140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30
141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8
142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9
143.10 143.11 143.12 143.13 143.14 143.15
143.16
143.17 143.18
143.19 143.20
143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 146.35 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17
147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13
149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 152.1 152.2 152.3
152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16
153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30
155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11
156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 157.1 157.2 157.3 157.4 157.5
157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15
157.16 157.17 157.18
157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10
159.11
159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22
159.23
159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10
162.11
162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12
163.13
163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20
164.21
164.22 164.23 164.24 164.25 164.26 164.27 164.28 165.1 165.2
165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11
167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21
168.22 168.23 168.24 168.25 168.26 168.27 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8
170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22
175.23 175.24 175.25 175.26 175.27
175.28 175.29 175.30 175.31 175.32 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17
177.18
177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22
179.23
179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 181.1 181.2 181.3 181.4 181.5
181.6
181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31
183.1
183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15
185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18
187.19 187.20 187.21 187.22 187.23 187.24 187.25
187.26 187.27 187.28 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16
188.17 188.18
188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8
189.9
189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30
192.1 192.2 192.3 192.4 192.5 192.6
192.7
192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21
192.22 192.23 192.24 192.25 192.26 192.27
192.28
192.29 192.30 192.31 193.1 193.2 193.3 193.4
193.5 193.6
193.7
193.8 193.9
193.10 193.11 193.12
193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 194.1 194.2 194.3 194.4 194.5
194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13
194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33
195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11
196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31
197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12
197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23
197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 197.33 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19
198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34 199.1 199.2 199.3 199.4 199.5 199.6
199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32
200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17
200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 200.34 201.1 201.2 201.3
201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 203.1 203.2 203.3 203.4
203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 204.1 204.2 204.3
204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23
204.24 204.25 204.26 204.27 204.28 204.29 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9
205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 206.1 206.2
206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22
207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15
208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25
208.26 208.27 208.28 208.29 208.30 208.31 208.32 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27
210.28 210.29 210.30 210.31 210.32 210.33
211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21
211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31
213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15
213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29
213.30 213.31 213.32 213.33 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 215.1 215.2 215.3
215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28
215.29 215.30 215.31
216.1 216.2 216.3 216.4 216.5
216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19
217.20 217.21 217.22 217.23 217.24 217.25 217.26
217.27 217.28 217.29 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8
218.9 218.10 218.11
218.12 218.13 218.14 218.15
218.16 218.17 218.18
218.19 218.20 218.21
218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 220.33 221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29
221.30 221.31 221.32 221.33 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 222.34 222.35 222.36 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 223.33 223.34 223.35 224.1 224.2
224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 224.32 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18
225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27
225.28 225.29
226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29
226.30 226.31 226.32 226.33 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23
227.24 227.25 227.26 227.27 227.28 227.29 227.30 227.31 227.32 227.33 227.34 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27 229.28
230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30
230.31 230.32 230.33 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20
231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30 231.31 231.32 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 232.32 232.33 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 233.32 233.33 233.34 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29 234.30 234.31 235.1 235.2
235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30 235.31 235.32 235.33 235.34 235.35 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 236.32 236.33 236.34 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 237.32 237.33 238.1 238.2 238.3 238.4 238.5 238.6 238.7
238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22
238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 241.32 242.1 242.2 242.3 242.4 242.5 242.6 242.7
242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 242.32 242.33
243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18
243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8
244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20
244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 244.32 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10
245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27
247.28
248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27
249.28
249.29 249.30 249.31 249.32 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21
251.22
251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 251.32
252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14
252.15 252.16
252.17 252.18
252.19 252.20 252.21 252.22 252.23
252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 253.1 253.2 253.3 253.4
253.5 253.6 253.7 253.8
253.9 253.10 253.11
253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17
254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 254.31 254.32 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8
255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18
255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29 255.30 255.31 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 257.1 257.2
257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20
257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31
259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 259.32 259.33
260.1
260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 261.1 261.2 261.3 261.4 261.5 261.6
261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18
261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 261.32 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30
264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 264.31 264.32 264.33 265.1 265.2 265.3 265.4 265.5 265.6 265.7
265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17
265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32 266.1 266.2 266.3
266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29
267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26 267.27 267.28 267.29 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8
268.9 268.10 268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15
269.16
269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 269.31 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17
270.18 270.19 270.20 270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28
270.29 270.30 270.31
271.1 271.2 271.3 271.4 271.5 271.6 271.7
271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31
272.1 272.2
272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20
272.21 272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 272.30 272.31 272.32 272.33 272.34 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8
273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22
273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 273.32 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12
274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 274.31 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 277.31 277.32 277.33 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 279.30 279.31 279.32 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 280.30 280.31 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31 283.32 284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31 288.1 288.2 288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27
291.28 291.29 291.30
292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 292.32
293.1 293.2 293.3
293.4 293.5 293.6 293.7 293.8 293.9 293.10
293.11 293.12 293.13
293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 294.1 294.2
294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 296.1 296.2 296.3 296.4
296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 296.32 296.33 296.34 297.1 297.2 297.3
297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19
297.20 297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31 297.32 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13
298.14 298.15 298.16 298.17
298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26
299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18 299.19 299.20
299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 300.1 300.2 300.3 300.4 300.5
300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 300.32 300.33 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 301.31 301.32 302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12
302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21
302.22 302.23 302.24 302.25 302.26 302.27 302.28 302.29 303.1 303.2 303.3 303.4 303.5 303.6 303.7 303.8 303.9 303.10 303.11 303.12 303.13
303.14
303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23
303.24
303.25 303.26 303.27 303.28 303.29 303.30 303.31 303.32
304.1
304.2 304.3 304.4 304.5 304.6
304.7
304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 304.32 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21
305.22
305.23 305.24 305.25 305.26 305.27 305.28 305.29 305.30 305.31 305.32 305.33 305.34 306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14 306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 306.29 306.30
306.31
307.1 307.2 307.3 307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12
307.13
307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30 307.31 307.32 308.1 308.2 308.3 308.4 308.5 308.6 308.7
308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 308.31 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20
309.21 309.22 309.23 309.24 309.25 309.26 309.27 309.28 309.29 309.30 309.31 310.1 310.2 310.3 310.4 310.5 310.6 310.7 310.8 310.9 310.10 310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21 310.22 310.23 310.24 310.25 310.26 310.27 310.28 310.29 310.30 310.31 310.32 310.33 311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8
311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31 312.1 312.2 312.3 312.4 312.5 312.6 312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15 312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23
312.24 312.25 312.26 312.27 312.28 312.29 312.30 312.31 312.32 312.33 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15
313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29
313.30 313.31 313.32 313.33 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32 314.33 315.1 315.2 315.3 315.4 315.5 315.6 315.7 315.8 315.9 315.10 315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18 315.19 315.20 315.21 315.22
315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 315.32 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26 316.27 316.28 316.29 316.30 316.31 317.1 317.2 317.3
317.4
317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20 317.21 317.22 317.23 317.24 317.25 317.26 317.27 317.28 317.29 317.30 317.31 318.1 318.2 318.3 318.4 318.5
318.6 318.7
318.8
318.9 318.10
318.11 318.12 318.13 318.14 318.15 318.16 318.17 318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30 318.31 319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11 319.12 319.13
319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26 319.27 319.28 319.29 319.30 319.31 319.32 320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21 320.22 320.23 320.24 320.25 320.26 320.27 320.28 320.29 320.30 320.31 320.32 321.1 321.2 321.3 321.4 321.5 321.6 321.7 321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15 321.16 321.17 321.18 321.19 321.20
321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28 321.29 321.30 321.31 322.1 322.2 322.3 322.4 322.5 322.6
322.7
322.8 322.9 322.10 322.11 322.12 322.13 322.14 322.15 322.16 322.17 322.18 322.19 322.20 322.21 322.22 322.23 322.24 322.25 322.26 322.27 322.28 323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11
323.12 323.13 323.14 323.15 323.16 323.17 323.18 323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 323.28 323.29 323.30 324.1 324.2 324.3 324.4 324.5 324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14 324.15 324.16 324.17 324.18 324.19
324.20 324.21 324.22 324.23 324.24 324.25 324.26 324.27 324.28 324.29 324.30 324.31 324.32 325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8 325.9 325.10 325.11 325.12 325.13 325.14 325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22 325.23 325.24 325.25 325.26 325.27 325.28 325.29 325.30 326.1 326.2 326.3 326.4 326.5 326.6 326.7 326.8 326.9 326.10 326.11 326.12 326.13 326.14 326.15 326.16
326.17
326.18 326.19 326.20 326.21 326.22 326.23 326.24 326.25 326.26
326.27 326.28 326.29 326.30 326.31 327.1 327.2 327.3
327.4
327.5 327.6
327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19
327.20 327.21 327.22 327.23 327.24 327.25 327.26 327.27 327.28 327.29 327.30 327.31 327.32 327.33 328.1 328.2 328.3 328.4 328.5 328.6 328.7 328.8 328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17
328.18
328.19 328.20
328.21 328.22 328.23 328.24 328.25 328.26 328.27 328.28 328.29 328.30 328.31 328.32 329.1 329.2 329.3 329.4
329.5 329.6 329.7 329.8 329.9 329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17 329.18 329.19 329.20 329.21 329.22 329.23 329.24 329.25 329.26 329.27 329.28 329.29 329.30 329.31 329.32 330.1 330.2 330.3 330.4 330.5 330.6 330.7 330.8 330.9 330.10 330.11 330.12 330.13 330.14 330.15 330.16 330.17 330.18 330.19 330.20 330.21 330.22 330.23 330.24 330.25 330.26 330.27 330.28 330.29 330.30 330.31 330.32 330.33 330.34 331.1 331.2 331.3 331.4 331.5 331.6 331.7 331.8 331.9 331.10 331.11 331.12 331.13 331.14 331.15 331.16 331.17 331.18 331.19 331.20 331.21 331.22 331.23 331.24 331.25 331.26 331.27 331.28 331.29 331.30 331.31 331.32 331.33 331.34 332.1 332.2 332.3 332.4 332.5 332.6 332.7 332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15 332.16 332.17 332.18 332.19 332.20 332.21 332.22 332.23 332.24 332.25 332.26 332.27 332.28 332.29 332.30 332.31 332.32 332.33 332.34 332.35 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8 333.9 333.10 333.11 333.12 333.13 333.14 333.15 333.16 333.17 333.18 333.19 333.20 333.21 333.22 333.23 333.24 333.25 333.26 333.27 333.28 333.29 333.30 333.31 333.32 334.1 334.2 334.3 334.4 334.5 334.6 334.7 334.8 334.9 334.10 334.11 334.12 334.13 334.14 334.15 334.16 334.17 334.18 334.19 334.20 334.21 334.22 334.23 334.24 334.25 334.26 334.27 334.28 334.29 334.30 334.31 334.32 334.33 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8 335.9 335.10 335.11 335.12 335.13 335.14 335.15 335.16 335.17 335.18 335.19 335.20 335.21 335.22 335.23 335.24
335.25 335.26 335.27 335.28 335.29 335.30 335.31 335.32 335.33 335.34 335.35 336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13 336.14 336.15 336.16 336.17 336.18 336.19 336.20 336.21 336.22 336.23 336.24 336.25 336.26 336.27 336.28 336.29 336.30 336.31 336.32 336.33 336.34 336.35 337.1 337.2 337.3 337.4 337.5 337.6 337.7 337.8 337.9 337.10 337.11 337.12 337.13 337.14 337.15 337.16 337.17 337.18 337.19 337.20 337.21 337.22 337.23 337.24 337.25 337.26 337.27 337.28 337.29 337.30 337.31 337.32 337.33 337.34 337.35 338.1 338.2 338.3 338.4 338.5 338.6 338.7 338.8 338.9 338.10 338.11 338.12 338.13 338.14 338.15 338.16 338.17 338.18 338.19 338.20 338.21 338.22 338.23 338.24 338.25 338.26 338.27 338.28 338.29 338.30 338.31 338.32 338.33 338.34 338.35 339.1 339.2 339.3 339.4 339.5 339.6 339.7 339.8 339.9 339.10 339.11 339.12 339.13 339.14 339.15 339.16 339.17 339.18 339.19 339.20 339.21 339.22 339.23 339.24 339.25 339.26 339.27 339.28 339.29 339.30 339.31 339.32 339.33 339.34 339.35 340.1 340.2 340.3 340.4
340.5 340.6 340.7 340.8 340.9 340.10 340.11 340.12 340.13 340.14 340.15 340.16 340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24 340.25 340.26 340.27 340.28 340.29 340.30 340.31 340.32 341.1 341.2 341.3 341.4 341.5 341.6 341.7 341.8 341.9
341.10 341.11 341.12 341.13
341.14 341.15 341.16 341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26 341.27 341.28 341.29 341.30 341.31 341.32 341.33 342.1 342.2 342.3 342.4 342.5 342.6 342.7 342.8 342.9 342.10 342.11 342.12 342.13
342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21 342.22 342.23 342.24 342.25 342.26 342.27 342.28 342.29 342.30 342.31 342.32 342.33 342.34 343.1 343.2 343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12 343.13 343.14 343.15 343.16 343.17 343.18 343.19 343.20 343.21 343.22 343.23 343.24 343.25 343.26 343.27 343.28 343.29 343.30 343.31 343.32 343.33 343.34 343.35 344.1 344.2 344.3 344.4 344.5 344.6 344.7 344.8 344.9 344.10 344.11 344.12 344.13 344.14 344.15 344.16 344.17 344.18 344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27 344.28 344.29 344.30 344.31 344.32 344.33 344.34 344.35 344.36 345.1 345.2 345.3 345.4 345.5 345.6 345.7 345.8 345.9 345.10 345.11 345.12 345.13 345.14 345.15 345.16 345.17 345.18 345.19 345.20 345.21 345.22 345.23 345.24 345.25 345.26 345.27 345.28 345.29 345.30 345.31 345.32 345.33 345.34 346.1 346.2 346.3 346.4 346.5 346.6 346.7 346.8 346.9 346.10 346.11 346.12 346.13 346.14 346.15 346.16 346.17 346.18 346.19 346.20 346.21 346.22 346.23 346.24 346.25 346.26 346.27 346.28 346.29 346.30 346.31 346.32 346.33 346.34 346.35 347.1 347.2 347.3 347.4 347.5 347.6 347.7 347.8 347.9 347.10 347.11 347.12 347.13 347.14 347.15 347.16 347.17 347.18 347.19 347.20 347.21 347.22 347.23 347.24 347.25 347.26 347.27 347.28 347.29 347.30 347.31 347.32 347.33 347.34 347.35 348.1 348.2 348.3 348.4 348.5 348.6 348.7 348.8 348.9 348.10 348.11 348.12 348.13 348.14 348.15 348.16 348.17 348.18 348.19 348.20 348.21 348.22 348.23 348.24 348.25 348.26
348.27 348.28 348.29 348.30 348.31 348.32 348.33 348.34 349.1 349.2
349.3 349.4 349.5 349.6 349.7 349.8 349.9 349.10 349.11 349.12
349.13 349.14 349.15
349.16 349.17
349.18 349.19
349.20 349.21 349.22 349.23 349.24 349.25 349.26 349.27 349.28 349.29 349.30 350.1 350.2
350.3 350.4 350.5 350.6 350.7 350.8 350.9 350.10 350.11 350.12 350.13 350.14 350.15 350.16 350.17 350.18 350.19 350.20 350.21 350.22 350.23 350.24 350.25 350.26 350.27 350.28 350.29 350.30 350.31 350.32 350.33 350.34 350.35 351.1 351.2 351.3 351.4 351.5 351.6 351.7 351.8 351.9 351.10 351.11 351.12 351.13 351.14 351.15 351.16 351.17 351.18 351.19 351.20 351.21 351.22 351.23 351.24 351.25 351.26 351.27 351.28 351.29 351.30 351.31 351.32 351.33 352.1 352.2 352.3 352.4 352.5 352.6 352.7 352.8 352.9 352.10 352.11 352.12 352.13 352.14 352.15 352.16 352.17 352.18 352.19 352.20 352.21 352.22 352.23 352.24 352.25 352.26 352.27 352.28 352.29 352.30 352.31 352.32 352.33 352.34 353.1 353.2 353.3 353.4 353.5 353.6 353.7 353.8 353.9 353.10 353.11 353.12 353.13 353.14 353.15 353.16 353.17 353.18 353.19 353.20 353.21 353.22 353.23 353.24 353.25 353.26 353.27 353.28 353.29 353.30 353.31 353.32 353.33 353.34 353.35 354.1 354.2 354.3 354.4 354.5 354.6 354.7 354.8 354.9 354.10 354.11 354.12 354.13 354.14 354.15 354.16 354.17 354.18 354.19 354.20 354.21 354.22 354.23 354.24 354.25 354.26 354.27 354.28 354.29 354.30 354.31 354.32 354.33 354.34 355.1 355.2 355.3 355.4 355.5 355.6 355.7 355.8 355.9 355.10 355.11 355.12 355.13 355.14 355.15 355.16 355.17 355.18 355.19 355.20 355.21 355.22
355.23 355.24 355.25 355.26 355.27 355.28 355.29 355.30 355.31 355.32 355.33 356.1 356.2 356.3 356.4 356.5 356.6 356.7 356.8 356.9 356.10 356.11
356.12 356.13 356.14 356.15 356.16 356.17 356.18 356.19 356.20 356.21 356.22 356.23 356.24 356.25 356.26 356.27 356.28 356.29 356.30 356.31 356.32 356.33 357.1 357.2
357.3
357.4 357.5 357.6 357.7 357.8 357.9 357.10 357.11 357.12 357.13 357.14 357.15 357.16 357.17 357.18 357.19 357.20 357.21 357.22 357.23 357.24 357.25 357.26 357.27 357.28 357.29 357.30 357.31 357.32 357.33 358.1 358.2 358.3 358.4 358.5 358.6 358.7 358.8 358.9 358.10 358.11 358.12 358.13 358.14 358.15 358.16 358.17 358.18 358.19 358.20 358.21 358.22 358.23 358.24 358.25 358.26 358.27 358.28 358.29 358.30 358.31 358.32 358.33 358.34 358.35 359.1 359.2 359.3 359.4 359.5 359.6 359.7 359.8 359.9 359.10 359.11 359.12 359.13 359.14 359.15 359.16 359.17 359.18 359.19 359.20 359.21 359.22 359.23 359.24 359.25 359.26 359.27 359.28 359.29 359.30 359.31 359.32 359.33 359.34 359.35 360.1 360.2 360.3 360.4 360.5 360.6 360.7 360.8 360.9 360.10 360.11 360.12 360.13 360.14 360.15 360.16 360.17 360.18 360.19 360.20 360.21 360.22 360.23 360.24 360.25 360.26 360.27 360.28 360.29 360.30 360.31 360.32 360.33 360.34 361.1 361.2 361.3 361.4 361.5 361.6 361.7 361.8 361.9 361.10 361.11 361.12 361.13 361.14 361.15 361.16 361.17 361.18 361.19 361.20 361.21 361.22 361.23 361.24 361.25 361.26 361.27 361.28 361.29 361.30 361.31 361.32 361.33 361.34 362.1 362.2 362.3 362.4 362.5 362.6 362.7 362.8
362.9 362.10 362.12 362.11 362.13 362.14 362.15 362.16 362.18 362.17 362.19 362.20 362.21 362.22 362.23
362.24 362.25 362.26 362.27 362.28 362.29 362.30 362.31 362.33 362.32 362.34 363.1 363.2 363.4 363.3 363.5 363.6 363.7 363.8 363.9 363.10 363.11 363.12 363.13 363.14 363.15 363.16 363.17 363.18 363.19 363.20 363.21 363.22 363.23 363.24 363.25 363.26 363.27 363.28 363.29 363.30 363.31 363.32 363.33
364.1 364.2 364.3
364.4 364.5 364.6 364.7 364.8
364.9
364.10 364.11 364.12 364.13 364.14 364.15 364.16 364.17 364.18 364.19 364.20 364.21 364.22 364.23 364.24 364.25
364.26 364.27 364.28 364.29 364.30 364.31 365.1 365.2 365.3 365.4 365.5 365.6 365.7 365.8 365.9 365.10 365.11 365.12 365.13 365.14 365.15 365.16 365.17 365.18 365.19 365.20 365.21 365.22 365.23 365.24
365.25 365.26 365.27
365.28 365.29
365.30 365.31 365.32 366.1 366.2 366.3 366.4 366.5 366.6 366.7 366.8 366.9 366.10
366.11 366.12 366.13 366.14 366.15 366.16 366.17 366.18 366.19 366.20 366.21 366.22 366.23 366.24 366.25 366.26 366.27 366.28 366.29 366.30 366.31 366.32 366.33 366.34 367.1 367.2 367.3 367.4 367.5 367.6 367.7 367.8 367.9 367.10
367.11 367.12 367.13 367.14 367.15 367.16
367.17 367.18 367.19 367.20 367.21 367.22 367.23 367.24 367.25
367.26 367.27
367.28 367.29 367.30 367.31 367.32 368.1 368.2 368.3 368.4 368.5 368.6 368.7 368.8 368.9 368.10 368.11 368.12 368.13 368.14 368.15 368.16 368.17 368.18 368.19 368.20 368.21 368.22 368.23 368.24 368.25 368.26
368.27
368.28 368.29 368.30 368.31 369.1 369.2
369.3 369.4
369.5 369.6 369.7 369.8
369.9 369.10 369.11 369.12 369.13 369.14 369.15 369.16 369.17
369.18 369.19
369.20 369.21 369.22 369.23 369.24 369.25
369.26 369.27 369.28 369.29 369.30 370.1 370.2 370.3 370.4 370.5 370.6 370.7 370.8 370.9 370.10 370.11 370.12
370.13
370.14 370.15 370.16 370.17 370.18 370.19 370.20 370.21 370.22 370.23 370.24 370.25
370.26
370.27 370.28 370.29 370.30 371.1 371.2
371.3 371.4 371.5 371.6 371.7 371.8
371.9 371.10 371.11 371.12 371.13 371.14
371.15 371.16 371.17 371.18 371.19 371.20 371.21
371.22
371.23 371.24 371.25 371.26 371.27 371.28 371.29
372.1 372.2 372.3 372.4 372.5 372.6 372.7 372.8
372.9 372.10 372.11 372.12 372.13 372.14 372.15 372.16 372.17
372.18 372.19 372.20 372.21 372.22 372.23 372.24 372.25 372.26 372.27 372.28 372.29 372.30 372.31 373.1 373.2 373.3 373.4 373.5 373.6 373.7 373.8 373.9 373.10 373.11 373.12 373.13 373.14 373.15 373.16 373.17 373.18 373.19 373.20 373.21 373.22 373.23 373.24 373.25 373.26 373.27 373.28 373.29 373.30 373.31 373.32 374.1 374.2
374.3 374.4 374.5 374.6 374.7 374.8
374.9
374.10 374.11 374.12 374.13 374.14 374.15 374.16 374.17
374.18
374.19 374.20 374.21 374.22 374.23 374.24 374.25 374.26 374.27 374.28 374.29 375.1 375.2 375.3 375.4 375.5 375.6 375.7 375.8 375.9 375.10 375.11 375.12 375.13 375.14 375.15 375.16
375.17
375.18 375.19 375.20 375.21 375.22
375.23
375.24 375.25 375.26 375.27 375.28 375.29 375.30 376.1 376.2 376.3 376.4 376.5 376.6 376.7 376.8 376.9 376.10 376.11 376.12 376.13 376.14 376.15 376.16 376.17 376.18 376.19 376.20 376.21 376.22 376.23 376.24 376.25
376.26
376.27 376.28 376.29 376.30 376.31 376.32 376.33 377.1 377.2
377.3 377.4 377.5 377.6 377.7 377.8 377.9 377.10 377.11
377.12 377.13 377.14 377.15 377.16 377.17 377.18 377.19 377.20 377.21 377.22 377.23 377.24 377.25 377.26 377.27 377.28
377.29 377.30 378.1 378.2 378.3 378.4 378.5 378.6 378.7 378.8 378.9 378.10 378.11 378.12 378.13 378.14 378.15 378.16 378.17 378.18 378.19 378.20 378.21 378.22 378.23 378.24 378.25 378.26 378.27
378.28
378.29 378.30 378.31 379.1 379.2
379.3 379.4 379.5 379.6
379.7 379.8 379.9 379.10 379.11 379.12 379.13 379.14 379.15 379.16 379.17
379.18 379.19 379.20 379.21 379.22 379.23 379.24 379.25 379.26 379.27 379.28 379.29 379.30 379.31 379.32 380.1 380.2 380.3 380.4 380.5 380.6 380.7 380.8
380.9 380.10
380.11 380.12 380.13 380.14 380.15 380.16 380.17 380.18 380.19 380.20 380.21 380.22 380.23 380.24 380.25 380.26 380.27 380.28 380.29 380.30
381.1 381.2 381.3 381.4 381.5 381.6 381.7 381.8 381.9
381.10 381.11 381.12 381.13 381.14 381.15 381.16 381.17 381.18 381.19 381.20 381.21 381.22 381.23 381.24 381.25 381.26 381.27 381.28 381.29 381.30 381.31 382.1 382.2 382.3 382.4 382.5 382.6 382.7 382.8 382.9 382.10 382.11 382.12 382.13 382.14
382.15 382.16 382.17 382.18 382.19 382.20 382.21 382.22 382.23 382.24 382.25 382.26 382.27 382.28 382.29 382.30 382.31
383.1 383.2 383.3 383.4 383.5 383.6 383.7 383.8 383.9 383.10 383.11 383.12 383.13 383.14 383.15 383.16 383.17 383.18 383.19 383.20 383.21 383.22 383.23 383.24 383.25 383.26 383.27 383.28 383.29 383.30 383.31 383.32 384.1 384.2 384.3 384.4 384.5 384.6 384.7 384.8 384.9 384.10 384.11
384.12 384.13 384.14 384.15 384.16 384.17 384.18 384.19 384.20 384.21 384.22 384.23 384.24 384.25 384.26 384.27 384.28 384.29
385.1 385.2 385.3 385.4 385.5 385.6 385.7 385.8 385.9 385.10 385.11 385.12 385.13 385.14 385.15 385.16 385.17 385.18 385.19 385.20 385.21 385.22 385.23 385.24 385.25 385.26 385.27 385.28 385.29 385.30 386.1 386.2
386.3 386.4 386.5 386.6 386.7 386.8 386.9
386.10 386.11 386.12 386.13 386.14
386.15 386.16 386.17 386.18 386.19 386.20 386.21 386.22 386.23 386.24 386.25 386.26 386.27 386.28 386.29 387.1 387.2 387.3 387.4 387.5 387.6
387.7 387.8 387.9 387.10 387.11 387.12 387.13
387.14 387.15 387.16 387.17 387.18 387.19 387.20 387.21 387.22 387.23 387.24 387.25 387.26 387.27 387.28 387.29 387.30 387.31 388.1
388.2 388.3 388.4 388.5 388.6 388.7 388.8 388.9 388.10 388.11 388.12 388.13 388.14 388.15 388.16 388.17 388.18 388.19 388.20
388.21 388.22 388.23 388.24 388.25 388.26 388.27 388.28 388.29 389.1 389.2 389.3
389.4 389.5
389.6 389.7 389.8 389.9 389.10 389.11 389.12 389.13 389.14 389.15 389.16
389.17 389.18
389.19 389.20 389.21 389.22 389.23 389.24 389.25 389.26 389.27 389.28 389.29 389.30 389.31 390.1 390.2 390.3
390.4 390.5 390.6 390.7 390.8 390.9
390.10 390.11 390.12 390.13 390.14 390.15 390.16 390.17 390.18 390.19 390.20 390.21 390.22 390.23 390.24 390.25
390.26 390.27 390.28 390.29 391.1 391.2 391.3 391.4 391.5 391.6 391.7 391.8 391.9 391.10 391.11 391.12 391.13
391.14 391.15 391.16 391.17 391.18 391.19 391.20 391.21 391.22 391.23 391.24 391.25 391.26 391.27 391.28 391.29 391.30 391.31 391.32 392.1 392.2 392.3 392.4 392.5 392.6 392.7 392.8
392.9 392.10 392.11 392.12 392.13 392.14 392.15 392.16 392.17 392.18 392.19 392.20 392.21 392.22 392.23 392.24 392.25 392.26
392.27 392.28 392.29 392.30 392.31 393.1 393.2 393.3 393.4 393.5 393.6 393.7 393.8 393.9 393.10 393.11 393.12 393.13 393.14 393.15
393.16 393.17 393.18 393.19 393.20 393.21 393.22 393.23 393.24 393.25 393.26
393.27 393.28 393.29 393.30 393.31 394.1 394.2 394.3 394.4 394.5 394.6 394.7 394.8 394.9 394.10
394.11
394.12 394.13 394.14 394.15 394.16 394.17 394.18 394.19 394.20 394.21 394.22 394.23 394.24 394.25 394.26 394.27 394.28 394.29 394.30 394.31 394.32 395.1 395.2 395.3 395.4 395.5 395.6 395.7 395.8
395.9
395.10 395.11 395.12 395.13 395.14 395.15 395.16 395.17 395.18 395.19 395.20 395.21 395.22 395.23 395.24 395.25 395.26 395.27 395.28 395.29 395.30 395.31 395.32 395.33 395.34 396.1 396.2 396.3 396.4 396.5 396.6 396.7 396.8 396.9 396.10 396.11
396.12 396.13 396.14 396.15 396.16 396.17 396.18 396.19 396.20 396.21 396.22 396.23 396.24 396.25 396.26 396.27 396.28 396.29 396.30 396.31 396.32 397.1 397.2 397.3 397.4 397.5 397.6 397.7 397.8 397.9 397.10 397.11 397.12 397.13 397.14 397.15 397.16 397.17 397.18 397.19 397.20 397.21 397.22 397.23 397.24 397.25 397.26 397.27 397.28 397.29
397.30 397.31 398.1 398.2 398.3 398.4 398.5 398.6 398.7 398.8 398.9 398.10 398.11 398.12 398.13 398.14 398.15 398.16 398.17 398.18
398.19 398.20 398.21 398.22 398.23 398.24 398.25 398.26 398.27 398.28
399.1 399.2 399.3 399.4 399.5 399.6 399.7 399.8 399.9 399.10 399.11
399.12 399.13 399.14 399.15 399.16 399.17 399.18 399.19 399.20 399.21
399.22 399.23 399.24 399.25 399.26 399.27 399.28 399.29
400.1 400.2 400.3 400.4 400.5 400.6 400.7 400.8 400.9 400.10 400.11 400.12 400.13 400.14 400.15 400.16 400.17 400.18 400.19 400.20 400.21 400.22 400.23 400.24 400.25 400.26 400.27 400.28
400.29 400.30 400.31 401.1 401.2 401.3 401.4 401.5 401.6 401.7
401.8 401.9 401.10 401.11 401.12 401.13 401.14 401.15 401.16 401.17 401.18 401.19 401.20 401.21 401.22 401.23 401.24 401.25 401.26 401.27 401.28
401.29 401.30 401.31 401.32 401.33 402.1 402.2 402.3 402.4
402.5 402.6 402.7 402.8 402.9 402.10 402.11 402.12 402.13
402.14 402.15 402.16 402.17 402.18 402.19 402.20 402.21 402.22 402.23
402.24
402.25 402.26 402.27 402.28 402.29 402.30 403.1 403.2 403.3 403.4 403.5 403.6
403.7
403.8 403.9 403.10 403.11 403.12 403.13 403.14 403.15
403.16
403.17 403.18 403.19 403.20 403.21 403.22 403.23 403.24 403.25 403.26 403.27 403.28 403.29 403.30 404.1 404.2 404.3 404.4 404.5 404.6 404.7 404.8 404.9 404.10 404.11 404.12 404.13 404.14 404.15 404.16 404.17 404.18 404.19 404.20 404.21 404.22 404.23 404.24 404.25 404.26 404.27 404.28 404.29 404.30 404.31 405.1 405.2 405.3 405.4 405.5 405.6 405.7 405.8 405.9 405.10 405.11 405.12 405.13 405.14 405.15 405.16 405.17 405.18 405.19 405.20 405.21 405.22 405.23 405.24 405.25 405.26 405.27 405.28 405.29 405.30 405.31 406.1 406.2 406.3 406.4 406.5 406.6 406.7 406.8 406.9 406.10 406.11 406.12 406.13 406.14 406.15 406.16 406.17 406.18 406.19 406.20 406.21 406.22 406.23 406.24 406.25 406.26 406.27 406.28 406.29 406.30 407.1 407.2 407.3 407.4 407.5 407.6 407.7 407.8 407.9 407.10
407.11
407.12 407.13 407.14 407.15 407.16 407.17
407.18
407.19 407.20 407.21 407.22 407.23 407.24 407.25 407.26 407.27 407.28 407.29 407.30 407.31
408.1
408.2 408.3 408.4 408.5 408.6 408.7 408.8 408.9 408.10 408.11 408.12 408.13 408.14 408.15 408.16 408.17 408.18 408.19
408.20
408.21 408.22 408.23 408.24
408.25 408.26 408.27 408.28 408.29 408.30 409.1 409.2 409.3 409.4 409.5 409.6 409.7 409.8 409.9 409.10 409.11 409.12 409.13 409.14 409.15 409.16 409.17 409.18 409.19 409.20 409.21 409.22 409.23 409.24 409.25 409.26 409.27 409.28 409.29 409.30 409.31 409.32 410.1 410.2 410.3 410.4 410.5 410.6 410.7 410.8 410.9 410.10 410.11
410.12 410.13 410.14 410.15
410.16 410.17 410.18 410.19 410.20 410.21 410.22 410.23 410.24 410.25 410.26 410.27 410.28 410.29 410.30 411.1 411.2 411.3 411.4 411.5
411.6 411.7 411.8 411.9 411.10 411.11 411.12 411.13 411.14 411.15 411.16 411.17 411.18 411.19 411.20 411.21 411.22 411.23 411.24 411.25 411.26 411.27 411.28 411.29 411.30 411.31 411.32 411.33 411.34 412.1 412.2
412.3 412.4 412.5 412.6 412.7 412.8 412.9 412.10 412.11 412.12 412.13 412.14 412.15 412.16 412.17 412.18 412.19 412.20
412.21 412.22 412.23 412.24 412.25 412.26 412.27 412.28 412.29 412.30 412.31 412.32 413.1 413.2 413.3 413.4 413.5 413.6 413.7 413.8 413.9 413.10 413.11
413.12 413.13 413.14 413.15 413.16 413.17 413.18 413.19 413.20 413.21 413.22 413.23 413.24 413.25 413.26 413.27 413.28 413.29 413.30 413.31 413.32 413.33 413.34
414.1 414.2 414.3 414.4 414.5 414.6 414.7 414.8 414.9 414.10 414.11 414.12 414.13 414.14 414.15 414.16 414.17 414.18 414.19 414.20 414.21 414.22 414.23 414.24 414.25 414.26 414.27 414.28 414.29 414.30 414.31 414.32 414.33 414.34 415.1 415.2 415.3 415.4 415.5 415.6 415.7 415.8 415.9 415.10 415.11 415.12 415.13 415.14 415.15 415.16 415.17
415.18 415.19 415.20 415.21 415.22 415.23
415.24 415.25 415.26 415.27 415.28 415.29 415.30 415.31 416.1 416.2 416.3 416.4 416.5 416.6 416.7 416.8 416.9 416.10 416.11 416.12 416.13 416.14 416.15 416.16 416.17 416.18 416.19 416.20 416.21 416.22 416.23 416.24 416.25 416.26 416.27 416.28 416.29 416.30 416.31 416.32 416.33 416.34 416.35 417.1 417.2 417.3 417.4 417.5 417.6 417.7
417.8 417.9 417.10 417.11 417.12 417.13 417.14 417.15 417.16 417.17 417.18 417.19 417.20 417.21 417.22 417.23 417.24 417.25 417.26 417.27 417.28 417.29 417.30 417.31 417.32 417.33 417.34 418.1 418.2 418.3 418.4 418.5 418.6 418.7 418.8 418.9 418.10 418.11 418.12 418.13 418.14 418.15 418.16 418.17 418.18 418.19 418.20 418.21 418.22 418.23 418.24 418.25 418.26 418.27 418.28 418.29 418.30 418.31 418.32 418.33
419.1 419.2 419.3 419.4 419.5 419.6 419.7 419.8 419.9 419.10 419.11 419.12 419.13 419.14 419.15 419.16 419.17 419.18 419.19 419.20 419.21 419.22 419.23 419.24 419.25 419.26 419.27 419.28 419.29 419.30 419.31 420.1 420.2 420.3 420.4 420.5 420.6 420.7 420.8 420.9 420.10 420.11 420.12 420.13 420.14 420.15 420.16 420.17 420.18 420.19 420.20 420.21 420.22 420.23 420.24 420.25 420.26 420.27 420.28 420.29 420.30 420.31 420.32 420.33 421.1 421.2 421.3 421.4 421.5 421.6 421.7 421.8 421.9 421.10 421.11
421.12 421.13 421.14 421.15 421.16 421.17 421.18 421.19 421.20 421.21 421.22 421.23
421.24 421.25 421.26 421.27 421.28 421.29 421.30 421.31 421.32 422.1 422.2 422.3 422.4 422.5 422.6 422.7 422.8 422.9 422.10 422.11 422.12
422.13 422.14 422.15 422.16 422.17 422.18 422.19 422.20 422.21 422.22 422.23 422.24
422.25 422.26 422.27 422.28 422.29 422.30 422.31 422.32 423.1 423.2 423.3
423.4 423.5 423.6 423.7 423.8
423.9 423.10 423.11 423.12 423.13 423.14 423.15 423.16 423.17 423.18 423.19 423.20 423.21 423.22
423.23 423.24 423.25 423.26 423.27 423.28 423.29 423.30 423.31 423.32 424.1 424.2 424.3 424.4 424.5 424.6 424.7 424.8 424.9 424.10 424.11 424.12 424.13 424.14 424.15
424.16 424.17 424.18 424.19 424.20 424.21 424.22 424.23 424.24 424.25 424.26 424.27 424.28 424.29 424.30 424.31 424.32 424.33
425.1 425.2
425.3 425.4 425.5 425.6
425.7 425.8 425.9 425.10 425.11 425.12 425.13 425.14 425.15 425.16 425.17 425.18 425.19 425.20 425.21 425.22
425.23 425.24 425.25 425.26
425.27 425.28
425.29 425.30 425.31 426.1 426.2 426.3 426.4 426.5 426.6 426.7 426.8 426.9 426.10 426.11 426.12 426.13 426.14 426.15 426.16 426.17 426.18
426.19 426.20 426.21 426.22 426.23 426.24 426.25
426.26 426.27 426.28
427.1 427.2 427.3 427.4 427.5 427.6 427.7 427.8 427.9 427.10 427.11 427.12 427.13 427.14 427.15 427.16 427.17 427.18 427.19 427.20 427.21 427.22 427.23 427.24 427.25 427.26 427.27
427.28 427.29 427.30
428.1 428.2 428.3 428.4 428.5 428.6 428.7 428.8 428.9 428.10 428.11 428.12 428.13 428.14 428.15 428.16 428.17 428.18 428.19 428.20 428.21 428.22 428.23 428.24 428.25 428.26 428.27 428.28 428.29
428.30 428.31
429.1 429.2 429.3 429.4 429.5 429.6 429.7 429.8 429.9 429.10 429.11 429.12 429.13 429.14 429.15 429.16 429.17 429.18
429.19 429.20 429.21 429.22 429.23 429.24 429.25 429.26 429.27 429.28 429.29 429.30 429.31
430.1 430.2 430.3 430.4 430.5 430.6 430.7 430.8 430.9 430.10 430.11 430.12 430.13 430.14
430.15 430.16 430.17
430.18 430.19 430.20
430.21 430.22 430.23
430.24 430.25 430.26 430.27 430.28 430.29 430.30 430.31 430.32 431.1 431.2 431.3 431.4
431.5 431.6 431.7 431.8 431.9 431.10 431.11 431.12 431.13 431.14 431.15 431.16 431.17 431.18 431.19
431.20 431.21 431.22 431.23 431.24 431.25 431.26 431.27 431.28 431.29 431.30 431.31 431.32 432.1 432.2 432.3 432.4 432.5 432.6
432.7 432.8
432.9 432.10 432.11 432.12 432.13 432.14 432.15 432.16 432.17 432.18 432.19 432.20 432.21 432.22 432.23 432.24 432.25 432.26
432.27 432.28
432.29 432.30 432.31 433.1 433.2 433.3 433.4 433.5 433.6 433.7 433.8 433.9 433.10 433.11 433.12 433.13 433.14 433.15 433.16 433.17 433.18 433.19 433.20 433.21 433.22 433.23 433.24 433.25 433.26 433.27 433.28
433.29 433.30
434.1 434.2 434.3 434.4 434.5 434.6 434.7 434.8 434.9
434.10 434.11 434.12
434.13 434.14 434.15 434.16 434.17 434.18 434.19 434.20 434.21
434.22 434.23 434.24 434.25 434.26 434.27 434.28 434.29 434.30
435.1 435.2 435.3 435.4 435.5 435.6 435.7 435.8 435.9
435.10 435.11 435.12 435.13 435.14 435.15 435.16 435.17 435.18
435.19 435.20 435.21 435.22 435.23 435.24 435.25 435.26 435.27
435.28 435.29 435.30 435.31 436.1 436.2 436.3 436.4 436.5
436.6 436.7 436.8 436.9 436.10 436.11 436.12 436.13 436.14
436.15 436.16 436.17 436.18 436.19 436.20 436.21 436.22 436.23 436.24 436.25
436.26
436.27 436.28 436.29 436.30 437.1 437.2 437.3 437.4 437.5 437.6 437.7 437.8 437.9 437.10 437.11 437.12 437.13 437.14 437.15 437.16 437.17 437.18 437.19 437.20 437.21 437.22 437.23 437.24 437.25 437.26
437.27 437.28 437.29 437.30 437.31
438.1 438.2 438.3 438.4 438.5 438.6 438.7
438.8 438.9 438.10 438.11 438.12 438.13
438.14
438.15 438.16 438.17 438.18 438.19 438.20 438.21
438.22 438.23 438.24 438.25 438.26 438.27 438.28 438.29 438.30
439.1 439.2 439.3 439.4 439.5 439.6 439.7 439.8

A bill for an act
relating to state government finance; modifying provisions governing Department
of Health and public health, health care, chemical and mental health, opioids and
prescription drugs, community supports and continuing care, protections for older
adults and vulnerable adults, children and families, health licensing boards, and
MNsure; establishing the Vulnerable Adult Maltreatment Prevention and
Accountability Act; modifying requirements for data sharing and data
classifications; modifying a criminal penalty; establishing working groups;
establishing prescription drug repository program; entering into nurse licensure
compact; establishing a supplemental budget for transportation activities; modifying
various provisions governing transportation policy and finance; providing for
rulemaking; requiring reports; modifying fees; making forecast adjustments;
appropriating money; authorizing the sale and issuance of state bonds; amending
Minnesota Statutes 2016, sections 8.31, subdivision 1; 13.461, by adding a
subdivision; 13.6905, subdivision 3; 13.72, subdivision 10; 13.83, subdivision 2;
13.851, by adding a subdivision; 62A.30, by adding a subdivision; 62A.65,
subdivision 7; 62D.12, by adding a subdivision; 62Q.55, subdivision 5; 62V.05,
subdivisions 2, 5, 10; 103I.205, subdivision 9; 103I.301, subdivision 6; 119B.011,
by adding a subdivision; 119B.02, subdivision 7; 119B.03, subdivision 9; 144.057,
subdivision 1; 144.121, subdivision 1a, by adding a subdivision; 144.1501,
subdivisions 1, 3; 144.1506, subdivision 2; 144.608, subdivision 1; 144.6501,
subdivision 3, by adding a subdivision; 144.651, subdivisions 1, 2, 4, 14, 16, 20,
21; 144A.10, subdivision 1; 144A.26; 144A.43, subdivisions 11, 27, 30, by adding
a subdivision; 144A.44, subdivision 1; 144A.442; 144A.45, subdivisions 1, 2;
144A.472, subdivision 5; 144A.473; 144A.474, subdivisions 2, 8, 9; 144A.475,
subdivisions 1, 2, 5; 144A.476, subdivision 1; 144A.479, subdivision 7, by adding
a subdivision; 144A.4791, subdivisions 1, 3, 6, 7, 8, 9, 10, 13; 144A.4792,
subdivisions 1, 2, 5, 10; 144A.4793, subdivision 6; 144A.4797, subdivision 3;
144A.4798; 144A.4799, subdivision 1; 144A.484, subdivision 1; 144A.53,
subdivisions 1, 4, by adding subdivisions; 144D.01, subdivision 1; 144D.02;
144D.04, by adding a subdivision; 144E.16, by adding subdivisions; 144G.01,
subdivision 1; 145.56, subdivision 2; 145.928, subdivisions 1, 7; 146B.03, by
adding a subdivision; 147A.08; 148.512, subdivision 17a; 148.513, subdivisions
1, 2, by adding a subdivision; 148.515, subdivision 1; 148.516; 148.519, by adding
a subdivision; 148.5192, subdivision 1; 148.5193, by adding a subdivision;
148.5194, subdivision 8, by adding a subdivision; 148.5195, subdivision 3;
148.5196, subdivision 3; 148.59; 148.995, subdivision 2; 148E.180; 149A.40,
subdivision 11; 149A.95, subdivision 3; 150A.06, subdivision 1a, by adding
subdivisions; 150A.091, by adding subdivisions; 151.071, subdivision 2; 151.15,
by adding subdivisions; 151.19, subdivision 1; 151.214, subdivision 2; 151.46;
151.71, by adding a subdivision; 152.11, by adding a subdivision; 160.263,
subdivision 2; 160.295, subdivision 5; 161.115, subdivision 111; 161.14, by adding
subdivisions; 161.32, subdivision 2; 168.10, subdivision 1h; 168.101, subdivision
2a; 168.127, subdivision 6; 168.326; 168.33, by adding a subdivision; 168.345,
subdivision 2; 168A.02, subdivision 1; 168A.151, subdivision 1; 168A.29,
subdivision 1; 169.011, subdivisions 5, 9, 60; 169.06, subdivision 4a; 169.18,
subdivision 3; 169.222, subdivisions 1, 4; 169.26, subdivision 1; 169.28; 169.29;
169.345, subdivision 2; 169.442, by adding a subdivision; 169.448, subdivision
1; 169.4503, subdivisions 5, 13, by adding a subdivision; 169.475, subdivisions
2, 3; 169.55, subdivision 1; 169.57, subdivision 3; 169.64, subdivision 3, by adding
a subdivision; 169.81, by adding a subdivision; 169.8261, subdivision 2; 169.829,
by adding a subdivision; 169.87, subdivision 6; 169.974, subdivision 2; 174.66;
214.075, subdivisions 1, 4, 5, 6; 214.077; 214.10, subdivision 8; 214.12, by adding
a subdivision; 221.031, subdivision 2d, by adding a subdivision; 221.0314,
subdivision 9; 221.036, subdivisions 1, 3; 221.122, subdivision 1; 221.161,
subdivision 1, by adding a subdivision; 221.171, subdivision 1; 222.46; 222.50,
subdivisions 3, 4; 222.52; 222.57; 222.63, subdivision 8; 243.166, subdivision 4b;
245A.04, subdivision 7, by adding a subdivision; 245C.22, subdivision 4; 245D.071,
subdivision 5; 245D.091, subdivisions 2, 3, 4; 254B.02, subdivision 1; 256.01, by
adding a subdivision; 256.014, subdivision 2; 256.975, subdivision 7b; 256B.0575,
subdivision 1; 256B.0595, subdivision 3; 256B.0625, subdivisions 2, 18d, 30, by
adding subdivisions; 256B.0659, subdivisions 11, 21, 24, 28, by adding a
subdivision; 256B.4914, subdivision 4; 256B.5012, by adding a subdivision;
256B.69, subdivision 5a; 256K.45, subdivision 2; 256M.41, subdivision 3; 256R.53,
subdivision 2; 259.24, subdivision 2; 299A.705; 325F.71; 360.013, by adding a
subdivision; 360.017, subdivision 1; 360.021, subdivision 1; 360.024; 360.062;
360.063, subdivisions 1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066,
subdivision 1; 360.067, by adding a subdivision; 360.071, subdivision 2; 360.305,
subdivision 6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25,
subdivision 3; 462.352, by adding a subdivision; 462.355, subdivision 1; 462.357,
subdivision 9, by adding a subdivision; 473.13, by adding subdivisions; 473.386,
subdivision 3, by adding a subdivision; 473.4051, subdivision 3; 473.606,
subdivision 5; 518A.32, subdivision 3; 518A.685; 574.26, subdivision 1a; 609.2231,
subdivision 8; 609.594, subdivision 2; 609.6055, subdivision 2; 626.557,
subdivisions 3, 4, 9, 9a, 9b, 9c, 9d, 10b, 12b, 14, 17; 626.5572, subdivision 6;
641.15, subdivision 3a; Minnesota Statutes 2017 Supplement, sections 3.972,
subdivision 4; 13.69, subdivision 1; 62D.02, subdivision 4; 62D.03, subdivision
1; 62D.05, subdivision 1; 62D.06, subdivision 1; 62D.19; 62E.02, subdivision 3;
103I.005, subdivisions 2, 8a, 17a; 103I.205, subdivisions 1, 4; 103I.208, subdivision
1; 103I.235, subdivision 3; 103I.601, subdivision 4; 119B.011, subdivision 20;
119B.025, subdivision 1; 119B.095, by adding a subdivision; 119B.13, subdivision
1; 144.1501, subdivision 2; 144A.10, subdivision 4; 144A.472, subdivision 7;
144A.474, subdivision 11; 144A.4796, subdivision 2; 144A.4799, subdivision 3;
144D.04, subdivision 2; 144H.01, subdivision 5; 144H.04, subdivision 1; 144H.06;
144H.08; 148.519, subdivision 1; 148.5193, subdivision 1; 148.5196, subdivision
1; 152.105, subdivision 2; 160.02, subdivision 1a; 169.442, subdivision 5; 169.64,
subdivision 8; 169.829, subdivision 4; 245A.03, subdivision 7; 245A.06,
subdivision 8; 245A.11, subdivision 2a; 245A.41, subdivision 3; 245A.50,
subdivision 7; 245A.51, subdivision 3; 245C.22, subdivision 5; 245D.03,
subdivision 1; 245G.03, subdivision 1; 245G.22, subdivision 2; 254A.03,
subdivision 3; 254B.03, subdivision 2; 256.045, subdivisions 3, 4; 256B.0625,
subdivisions 3b, 56a; 256B.0921; 256B.4914, subdivisions 2, 3, 5, 6, 7, 8, 9, 10,
10a; 260C.007, subdivision 6; 364.09; 473.4051, subdivision 2; Laws 2014, chapter
312, article 11, section 38, subdivisions 5, 6; article 27, section 76; Laws 2017,
First Special Session chapter 3, article 1, sections 2, subdivision 2; 4, subdivisions
1, 2; Laws 2017, First Special Session chapter 6, article 3, section 49; article 8,
sections 71; 72; 74; article 18, sections 3, subdivision 2; 16, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapters 62Q; 137; 144;
144D; 144G; 148; 151; 161; 168; 174; 222; 245A; 256; 256B; 256K; 260C; 299A;
360; 604; repealing Minnesota Statutes 2016, sections 62A.65, subdivision 7a;
144A.45, subdivision 6; 144A.481; 151.55; 168.013, subdivision 21; 214.075,
subdivision 8; 221.161, subdivisions 2, 3, 4; 222.47; 222.50, subdivisions 1, 7;
222.51; 256.021; 256B.0705; 360.063, subdivision 4; 360.065, subdivision 2;
360.066, subdivisions 1a, 1b; Minnesota Statutes 2017 Supplement, sections
146B.02, subdivision 7a; 222.49; 222.50, subdivision 6.

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


ARTICLE 1

DEPARTMENT OF HEALTH AND PUBLIC HEALTH

Section 1.

Minnesota Statutes 2017 Supplement, section 62D.02, subdivision 4, is amended
to read:


Subd. 4.

Health maintenance organization.

"Health maintenance organization" means
a deleted text beginforeign or domesticdeleted text endnew text begin nonprofitnew text end corporationnew text begin organized under chapter 317Anew text end, or a local
governmental unit as defined in subdivision 11, controlled and operated as provided in
sections 62D.01 to 62D.30, which provides, either directly or through arrangements with
providers or other persons, comprehensive health maintenance services, or arranges for the
provision of these services, to enrollees on the basis of a fixed prepaid sum without regard
to the frequency or extent of services furnished to any particular enrollee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective contingent upon certification by the
legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied,
but no earlier than January 1, 2019.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 62D.03, subdivision 1, is amended
to read:


Subdivision 1.

Certificate of authority required.

Notwithstanding any law of this state
to the contrary, any deleted text beginforeign or domesticdeleted text endnew text begin nonprofitnew text end corporation organized to do so or a local
governmental unit may apply to the commissioner of health for a certificate of authority to
establish and operate a health maintenance organization in compliance with sections 62D.01
to 62D.30. No person shall establish or operate a health maintenance organization in this
state, nor sell or offer to sell, or solicit offers to purchase or receive advance or periodic
consideration in conjunction with a health maintenance organization or health maintenance
contract unless the organization has a certificate of authority under sections 62D.01 to
62D.30.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective contingent upon certification by the
legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied,
but no earlier than January 1, 2019.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 62D.05, subdivision 1, is amended
to read:


Subdivision 1.

Authority granted.

Any new text beginnonprofit new text endcorporation or local governmental
unit may, upon obtaining a certificate of authority as required in sections 62D.01 to 62D.30,
operate as a health maintenance organization.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective contingent upon certification by the
legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied,
but no earlier than January 1, 2019.
new text end

Sec. 4.

Minnesota Statutes 2017 Supplement, section 62D.06, subdivision 1, is amended
to read:


Subdivision 1.

Governing body composition; enrollee advisory body.

The governing
body of any health maintenance organization which is a new text beginnonprofit new text endcorporation may include
enrollees, providers, or other individuals; provided, however, that after a health maintenance
organization which is a new text beginnonprofit new text endcorporation has been authorized under sections 62D.01
to 62D.30 for one year, at least 40 percent of the governing body shall be composed of
enrollees and members elected by the enrollees and members from among the enrollees and
members. For purposes of this section, "member" means a consumer who receives health
care services through a self-insured contract that is administered by the health maintenance
organization or its related third-party administrator. The number of members elected to the
governing body shall not exceed the number of enrollees elected to the governing body. An
enrollee or member elected to the governing board may not be a person:

(1) whose occupation involves, or before retirement involved, the administration of
health activities or the provision of health services;

(2) who is or was employed by a health care facility as a licensed health professional;
or

(3) who has or had a direct substantial financial or managerial interest in the rendering
of a health service, other than the payment of a reasonable expense reimbursement or
compensation as a member of the board of a health maintenance organization.

After a health maintenance organization which is a local governmental unit has been
authorized under sections 62D.01 to 62D.30 for one year, an enrollee advisory body shall
be established. The enrollees who make up this advisory body shall be elected by the enrollees
from among the enrollees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective contingent upon certification by the
legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied,
but no earlier than January 1, 2019.
new text end

Sec. 5.

Minnesota Statutes 2016, section 62D.12, is amended by adding a subdivision to
read:


new text begin Subd. 8a. new text end

new text begin Net earnings. new text end

new text begin All net earnings of the nonprofit health maintenance organization
shall be devoted to the nonprofit purposes of the health maintenance organization in providing
comprehensive health care. No health maintenance organization shall provide for the
payment, whether directly or indirectly, of any part of its net earnings, to any person as a
dividend or rebate; provided, however, that the health maintenance organizations may make
payments to providers or other persons based upon the efficient provision of services or as
incentives to provide quality care. The commissioner of health shall, pursuant to sections
62D.01 to 62D.30, revoke the certificate of authority of any health maintenance organization
in violation of this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective contingent upon certification by the
legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied,
and shall become effective the day following that certification by the legislative auditor.
new text end

Sec. 6.

Minnesota Statutes 2017 Supplement, section 62D.19, is amended to read:


62D.19 UNREASONABLE EXPENSES.

No health maintenance organization shall incur or pay for any expense of any nature
which is unreasonably high in relation to the value of the service or goods provided. The
commissioner of health shall implement and enforce this section by rules adopted under
this section.

In an effort to achieve the stated purposes of sections 62D.01 to 62D.30new text begin; in order to
safeguard the underlying nonprofit status of health maintenance organizations;
new text end and to ensure
that the payment of health maintenance organization money to major participating entities
results in a corresponding benefit to the health maintenance organization and its enrollees,
when determining whether an organization has incurred an unreasonable expense in relation
to a major participating entity, due consideration shall be given to, in addition to any other
appropriate factors, whether the officers and trustees of the health maintenance organization
have acted with good faith and in the best interests of the health maintenance organization
in entering into, and performing under, a contract under which the health maintenance
organization has incurred an expense. The commissioner has standing to sue, on behalf of
a health maintenance organization, officers or trustees of the health maintenance organization
who have breached their fiduciary duty in entering into and performing such contracts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective contingent upon certification by the
legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied,
but no earlier than January 1, 2019.
new text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 62E.02, subdivision 3, is amended
to read:


Subd. 3.

Health maintenance organization.

"Health maintenance organization" means
a new text beginnonprofit new text endcorporation licensed and operated as provided in chapter 62D.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective contingent upon certification by the
legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied,
but no earlier than January 1, 2019.
new text end

Sec. 8.

Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 2, is amended
to read:


Subd. 2.

Boring.

"Boring" means a hole or excavation that deleted text beginis not used to extract water
deleted text enddeleted text begin anddeleted text end includes exploratory borings, bored geothermal heat exchangers, new text begintemporary borings,
new text end and elevator borings.

Sec. 9.

Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 8a, is amended
to read:


Subd. 8a.

Environmental well.

"Environmental well" means an excavation 15 or more
feet in depth that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed
to:

(1) conduct physical, chemical, or biological testing of groundwater, and includes a
groundwater quality monitoring or sampling well;

(2) lower a groundwater level to control or remove contamination in groundwater, and
includes a remedial well and excludes horizontal trenches; or

(3) monitor or measure physical, chemical, radiological, or biological parameters of the
earth and earth fluids, or for vapor recovery or venting systems. An environmental well
includes an excavation used to:

(i) measure groundwater levels, including a piezometer;

(ii) determine groundwater flow direction or velocity;

(iii) measure earth properties such as hydraulic conductivity, bearing capacity, or
resistance;

(iv) obtain samples of geologic materials for testing or classification; or

(v) remove or remediate pollution or contamination from groundwater or soil through
the use of a vent, vapor recovery system, or sparge point.

new text begin An environmental well does not include an exploratory boring.
new text end

Sec. 10.

Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 17a, is
amended to read:


Subd. 17a.

Temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

deleted text begin "Temporary environmental well"
means an environmental well as defined in section 103I.005, subdivision 8a, that is sealed
within 72 hours of the time construction on the well begins.
deleted text end new text begin "Temporary boring" means an
excavation that is 15 feet or more in depth that is sealed within 72 hours of the start of
construction and is drilled, cored, washed, driven, dug, jetted, or otherwise constructed to:
new text end

new text begin (1) conduct physical, chemical, or biological testing of groundwater, including
groundwater quality monitoring;
new text end

new text begin (2) monitor or measure physical, chemical, radiological, or biological parameters of
earth materials or earth fluids, including hydraulic conductivity, bearing capacity, or
resistance;
new text end

new text begin (3) measure groundwater levels, including use of a piezometer;
new text end

new text begin (4) determine groundwater flow direction or velocity; or
new text end

new text begin (5) collect samples of geologic materials for testing or classification, or soil vapors for
testing or extraction.
new text end

Sec. 11.

Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 1, is amended
to read:


Subdivision 1.

Notification required.

(a) Except as provided in paragraph (d), a person
may not construct a water-supply, dewatering, or environmental well until a notification of
the proposed well on a form prescribed by the commissioner is filed with the commissioner
with the filing fee in section 103I.208, and, when applicable, the person has met the
requirements of paragraph (e). If after filing the well notification an attempt to construct a
well is unsuccessful, a new notification is not required unless the information relating to
the successful well has substantially changed. A notification is not required prior to
construction of a temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

(b) The property owner, the property owner's agent, or the licensed contractor where a
well is to be located must file the well notification with the commissioner.

(c) The well notification under this subdivision preempts local permits and notifications,
and counties or home rule charter or statutory cities may not require a permit or notification
for wells unless the commissioner has delegated the permitting or notification authority
under section 103I.111.

(d) A person who is an individual that constructs a drive point water-supply well on
property owned or leased by the individual for farming or agricultural purposes or as the
individual's place of abode must notify the commissioner of the installation and location of
the well. The person must complete the notification form prescribed by the commissioner
and mail it to the commissioner by ten days after the well is completed. A fee may not be
charged for the notification. A person who sells drive point wells at retail must provide
buyers with notification forms and informational materials including requirements regarding
wells, their location, construction, and disclosure. The commissioner must provide the
notification forms and informational materials to the sellers.

(e) When the operation of a well will require an appropriation permit from the
commissioner of natural resources, a person may not begin construction of the well until
the person submits the following information to the commissioner of natural resources:

(1) the location of the well;

(2) the formation or aquifer that will serve as the water source;

(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will be
requested in the appropriation permit; and

(4) other information requested by the commissioner of natural resources that is necessary
to conduct the preliminary assessment required under section 103G.287, subdivision 1,
paragraph (c).

The person may begin construction after receiving preliminary approval from the
commissioner of natural resources.

Sec. 12.

Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 4, is amended
to read:


Subd. 4.

License required.

(a) Except as provided in paragraph (b), (c), (d), or (e),
section 103I.401, subdivision 2, or 103I.601, subdivision 2, a person may not drill, construct,
repair, or seal a well or boring unless the person has a well contractor's license in possession.

(b) A person may construct, repair, and seal an environmental well new text beginor temporary boring
new text end if the person:

(1) is a professional engineer licensed under sections 326.02 to 326.15 in the branches
of civil or geological engineering;

(2) is a hydrologist or hydrogeologist certified by the American Institute of Hydrology;

(3) is a professional geoscientist licensed under sections 326.02 to 326.15;

(4) is a geologist certified by the American Institute of Professional Geologists; or

(5) meets the qualifications established by the commissioner in rule.

A person must be licensed by the commissioner as an environmental well contractor on
forms provided by the commissioner.

(c) A person may do the following work with a limited well/boring contractor's license
in possession. A separate license is required for each of the four activities:

(1) installing, repairing, and modifying well screens, pitless units and pitless adaptors,
well pumps and pumping equipment, and well casings from the pitless adaptor or pitless
unit to the upper termination of the well casing;

(2) sealing wells and borings;

(3) constructing, repairing, and sealing dewatering wells; or

(4) constructing, repairing, and sealing bored geothermal heat exchangers.

(d) A person may construct, repair, and seal an elevator boring with an elevator boring
contractor's license.

(e) Notwithstanding other provisions of this chapter requiring a license, a license is not
required for a person who complies with the other provisions of this chapter if the person
is:

(1) an individual who constructs a water-supply well on land that is owned or leased by
the individual and is used by the individual for farming or agricultural purposes or as the
individual's place of abode; new text beginor
new text end

(2) an individual who performs labor or services for a contractor licensed under the
provisions of this chapter in connection with the construction, sealing, or repair of a well
or boring at the direction and under the personal supervision of a contractor licensed under
the provisions of this chapterdeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (3) a licensed plumber who is repairing submersible pumps or water pipes associated
with well water systems if: (i) the repair location is within an area where there is no licensed
well contractor within 50 miles, and (ii) the licensed plumber complies with all relevant
sections of the plumbing code.
deleted text end

Sec. 13.

Minnesota Statutes 2016, section 103I.205, subdivision 9, is amended to read:


Subd. 9.

Report of work.

Within deleted text begin30deleted text endnew text begin 60new text end days after completion or sealing of a well or
boring, the person doing the work must submit a verified report to the commissioner
containing the information specified by rules adopted under this chapter.

Within 30 days after receiving the report, the commissioner shall send or otherwise
provide access to a copy of the report to the commissioner of natural resources, to the local
soil and water conservation district where the well is located, and to the director of the
Minnesota Geological Survey.

Sec. 14.

Minnesota Statutes 2017 Supplement, section 103I.208, subdivision 1, is amended
to read:


Subdivision 1.

Well notification fee.

The well notification fee to be paid by a property
owner is:

(1) for construction of a water supply well, $275, which includes the state core function
fee;

(2) for a well sealing, $75 for each wellnew text begin or boringnew text end, which includes the state core function
fee, except that a single fee of $75 is required for all temporary deleted text beginenvironmental wellsdeleted text endnew text begin boringsnew text end
recorded on the sealing notification for a single propertydeleted text begin, having depths within a 25 foot
range, and
deleted text end sealed within 72 hours of start of constructionnew text begin, except that temporary borings
less than 25 feet in depth are exempt from the notification and fee requirements in this
chapter
new text end;

(3) for construction of a dewatering well, $275, which includes the state core function
fee, for each dewatering well except a dewatering project comprising five or more dewatering
wells shall be assessed a single fee of $1,375 for the dewatering wells recorded on the
notification; and

(4) for construction of an environmental well, $275, which includes the state core function
fee, except that a single fee of $275 is required for all environmental wells recorded on the
notification that are located on a single property, and except that no fee is required for
construction of a temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

Sec. 15.

Minnesota Statutes 2017 Supplement, section 103I.235, subdivision 3, is amended
to read:


Subd. 3.

Temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end and unsuccessful well exemption.

This section does not apply to temporary deleted text beginenvironmental wellsdeleted text endnew text begin boringsnew text end or unsuccessful wells
that have been sealed by a licensed contractor in compliance with this chapter.

Sec. 16.

Minnesota Statutes 2016, section 103I.301, subdivision 6, is amended to read:


Subd. 6.

Notification required.

A person may not seal a well new text beginor boring new text enduntil a notification
of the proposed sealing is filed as prescribed by the commissioner.new text begin Temporary borings less
than 25 feet in depth are exempt from the notification requirements in this chapter.
new text end

Sec. 17.

Minnesota Statutes 2017 Supplement, section 103I.601, subdivision 4, is amended
to read:


Subd. 4.

Notification and map of borings.

(a) By ten days before beginning exploratory
boring, an explorer must submit to the commissioner of health a notification of the proposed
boring deleted text beginon a form prescribed by the commissioner,deleted text endnew text begin mapnew text end and a fee of $275 deleted text beginfor each exploratory
boring
deleted text end.

(b) By ten days before beginning exploratory boring, an explorer must submit to the
commissioners of health and natural resources a county road map new text beginon a single sheet of paper
that is eight and one-half by 11 inches in size and
new text end having a scale of one-half inch equal to
one mile, as prepared by the Department of Transportation, or a 7.5 minute series topographic
map (1:24,000 scale), as prepared by the United States Geological Survey, showing the
location of each proposed exploratory boring to the nearest estimated 40 acre parcel.
Exploratory boring that is proposed on the map may not be commenced later than 180 days
after submission of the map, unless a new map is submitted.

Sec. 18.

new text begin [137.68] ADVISORY COUNCIL ON RARE DISEASES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Board of Regents of the University of Minnesota is
requested to establish an advisory council on rare diseases to provide advice on research,
diagnosis, treatment, and education related to rare diseases. For purposes of this section,
"rare disease" has the meaning given in United States Code, title 21, section 360bb. The
council shall be called the Chloe Barnes Advisory Council on Rare Diseases.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The advisory council may consist of public members appointed
by the Board of Regents or a designee according to paragraph (b) and four members of the
legislature appointed according to paragraph (c).
new text end

new text begin (b) The Board of Regents or a designee is requested to appoint the following public
members:
new text end

new text begin (1) three physicians licensed and practicing in the state with experience researching,
diagnosing, or treating rare diseases;
new text end

new text begin (2) one registered nurse or advanced practice registered nurse licensed and practicing
in the state with experience treating rare diseases;
new text end

new text begin (3) at least two hospital administrators, or their designees, from hospitals in the state
that provide care to persons diagnosed with a rare disease. One administrator or designee
appointed under this clause must represent a hospital in which the scope of service focuses
on rare diseases of pediatric patients;
new text end

new text begin (4) three persons age 18 or older who either have a rare disease or are a caregiver of a
person with a rare disease;
new text end

new text begin (5) a representative of a rare disease patient organization that operates in the state;
new text end

new text begin (6) a social worker with experience providing services to persons diagnosed with a rare
disease;
new text end

new text begin (7) a pharmacist with experience with drugs used to treat rare diseases;
new text end

new text begin (8) a dentist licensed and practicing in the state with experience treating rare diseases;
new text end

new text begin (9) a representative of the biotechnology industry;
new text end

new text begin (10) a representative of health plan companies;
new text end

new text begin (11) a medical researcher with experience conducting research on rare diseases;
new text end

new text begin (12) a genetic counselor with experience providing services to persons diagnosed with
a rare disease or caregivers of those persons; and
new text end

new text begin (13) other public members, who may serve on an ad hoc basis.
new text end

new text begin (c) The advisory council shall include two members of the senate, one appointed by the
majority leader and one appointed by the minority leader; and two members of the house
of representatives, one appointed by the speaker of the house and one appointed by the
minority leader.
new text end

new text begin (d) The commissioner of health or a designee, a representative of Mayo Medical School,
and a representative of the University of Minnesota Medical School, shall serve as ex officio,
nonvoting members of the advisory council.
new text end

new text begin (e) Initial appointments to the advisory council shall be made no later than July 1, 2018.
Members appointed according to paragraph (b) shall serve for a term of three years, except
that the initial members appointed according to paragraph (b) shall have an initial term of
two, three, or four years determined by lot by the chairperson. Members appointed according
to paragraph (b) shall serve until their successors have been appointed.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The Board of Regents or a designee is requested to convene the first
meeting of the advisory council no later than September 1, 2018. The advisory council shall
meet at the call of the chairperson or at the request of a majority of advisory council members.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The advisory council's duties may include, but are not limited to:
new text end

new text begin (1) in conjunction with the state's medical schools, the state's schools of public health,
and hospitals in the state that provide care to persons diagnosed with a rare disease,
developing resources or recommendations relating to quality of and access to treatment and
services in the state for persons with a rare disease, including but not limited to:
new text end

new text begin (i) a list of existing, publicly accessible resources on research, diagnosis, treatment, and
education relating to rare diseases;
new text end

new text begin (ii) identifying best practices for rare disease care implemented in other states, at the
national level, and at the international level, that will improve rare disease care in the state
and seeking opportunities to partner with similar organizations in other states and countries;
new text end

new text begin (iii) identifying problems faced by patients with a rare disease when changing health
plans, including recommendations on how to remove obstacles faced by these patients to
finding a new health plan and how to improve the ease and speed of finding a new health
plan that meets the needs of patients with a rare disease; and
new text end

new text begin (iv) identifying best practices to ensure health care providers are adequately informed
of the most effective strategies for recognizing and treating rare diseases; and
new text end

new text begin (2) advising, consulting, and cooperating with the Department of Health, the Advisory
Committee on Heritable and Congenital Disorders, and other agencies of state government
in developing information and programs for the public and the health care community
relating to diagnosis, treatment, and awareness of rare diseases.
new text end

new text begin Subd. 5. new text end

new text begin Conflict of interest. new text end

new text begin Advisory council members are subject to the Board of
Regents policy on conflicts of interest.
new text end

new text begin Subd. 6. new text end

new text begin Annual report. new text end

new text begin By January 1 of each year, beginning January 1, 2019, the
advisory council shall report to the chairs and ranking minority members of the legislative
committees with jurisdiction over higher education and health care policy on the advisory
council's activities under subdivision 4 and other issues on which the advisory council may
choose to report.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2016, section 144.057, subdivision 1, is amended to read:


Subdivision 1.

Background studies required.

The commissioner of health shall contract
with the commissioner of human services to conduct background studies of:

(1) individuals providing services which have direct contact, as defined under section
245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes,
outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and
home care agencies licensed under chapter 144A; deleted text beginresidential care homes licensed under
chapter 144B,
deleted text end and board and lodging establishments that are registered to provide supportive
or health supervision services under section 157.17;

(2) individuals specified in section 245C.03, subdivision 1, who perform direct contact
services in a nursing home or a home care agency licensed under chapter 144A or a boarding
care home licensed under sections 144.50 to 144.58. If the individual under study resides
outside Minnesota, the study must include a check for substantiated findings of maltreatment
of adults and children in the individual's state of residence when the information is made
available by that state, and must include a check of the National Crime Information Center
database;

(3) beginning July 1, 1999, all other employees in nursing homes licensed under chapter
144A, and boarding care homes licensed under sections 144.50 to 144.58. A disqualification
of an individual in this section shall disqualify the individual from positions allowing direct
contact or access to patients or residents receiving services. "Access" means physical access
to a client or the client's personal property without continuous, direct supervision as defined
in section 245C.02, subdivision 8, when the employee's employment responsibilities do not
include providing direct contact services;

(4) individuals employed by a supplemental nursing services agency, as defined under
section 144A.70, who are providing services in health care facilities; deleted text beginand
deleted text end

(5) controlling persons of a supplemental nursing services agency, as defined under
section 144A.70new text begin; and
new text end

new text begin (6) individuals providing services who have direct contact, as defined under section
245C.02, subdivision 11, with medically complex or technologically dependent children at
a prescribed pediatric extended care center licensed under chapter 144H
new text end.

If a facility or program is licensed by the Department of Human Services and subject to
the background study provisions of chapter 245C and is also licensed by the Department
of Health, the Department of Human Services is solely responsible for the background
studies of individuals in the jointly licensed programs.

Sec. 20.

new text begin [144.064] THE VIVIAN ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section shall be known and may be cited as the "Vivian
Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the meanings
given them:
new text end

new text begin (1) "commissioner" means the commissioner of health;
new text end

new text begin (2) "health care practitioner" means a medical professional that provides prenatal or
postnatal care;
new text end

new text begin (3) "CMV" means the human herpesvirus cytomegalovirus, also called HCMV, human
herpesvirus 5, and HHV-5; and
new text end

new text begin (4) "congenital CMV" means the transmission of a CMV infection from a pregnant
mother to her fetus.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner duties. new text end

new text begin (a) The commissioner shall make available to health
care practitioners and women who may become pregnant, expectant parents, and parents
of infants up-to-date and evidence-based information about congenital CMV that has been
reviewed by experts with knowledge of the disease. The information shall include the
following:
new text end

new text begin (1) the recommendation to consider testing for congenital CMV in babies who did not
pass their newborn hearing screen or in which a pregnancy history suggests increased risk
for congenital CMV infection;
new text end

new text begin (2) the incidence of CMV;
new text end

new text begin (3) the transmission of CMV to pregnant women and women who may become pregnant;
new text end

new text begin (4) birth defects caused by congenital CMV;
new text end

new text begin (5) available preventative measures to avoid the infection of women who are pregnant
or may become pregnant; and
new text end

new text begin (6) resources available for families of children born with congenital CMV.
new text end

new text begin (b) The commissioner shall follow existing department practice, inclusive of community
engagement, to ensure that the information in paragraph (a) is culturally and linguistically
appropriate for all recipients.
new text end

new text begin (c) The department shall establish an outreach program to:
new text end

new text begin (1) educate women who may become pregnant, expectant parents, and parents of infants
about CMV; and
new text end

new text begin (2) raise awareness for CMV among health care providers who provide care to expectant
mothers or infants.
new text end

Sec. 21.

Minnesota Statutes 2016, section 144.121, subdivision 1a, is amended to read:


Subd. 1a.

Fees for ionizing radiation-producing equipment.

(a) A facility with ionizing
radiation-producing equipment must pay an annual initial or annual renewal registration
fee consisting of a base facility fee of $100 and an additional fee for each radiation source,
as follows:

(1)
medical or veterinary equipment
$
100
(2)
dental x-ray equipment
$
40
(3)
x-ray equipment not used on
humans or animals
$
100
(4)
devices with sources of ionizing
radiation not used on humans or
animals
$
100
new text begin (5)
new text end
new text begin security screening system
new text end
new text begin $
new text end
new text begin 100
new text end

(b) A facility with radiation therapy and accelerator equipment must pay an annual
registration fee of $500. A facility with an industrial accelerator must pay an annual
registration fee of $150.

(c) Electron microscopy equipment is exempt from the registration fee requirements of
this section.

new text begin (d) For purposes of this section, a security screening system means radiation-producing
equipment designed and used for security screening of humans who are in custody of a
correctional or detention facility, and is used by the facility to image and identify contraband
items concealed within or on all sides of a human body. For purposes of this section, a
correctional or detention facility is a facility licensed by the commissioner of corrections
under section 241.021, and operated by a state agency or political subdivision charged with
detection, enforcement, or incarceration in respect to state criminal and traffic laws.
new text end

Sec. 22.

Minnesota Statutes 2016, section 144.121, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Exemption from examination requirements; operators of security screening
systems.
new text end

new text begin (a) An employee of a correctional or detention facility who operates a security
screening system and the facility in which the system is being operated are exempt from
the requirements of subdivisions 5 and 6.
new text end

new text begin (b) An employee of a correctional or detention facility who operates a security screening
system and the facility in which the system is being operated must meet the requirements
of a variance to Minnesota Rules, parts 4732.0305 and 4732.0565, issued under Minnesota
Rules, parts 4717.7000 to 4717.7050. This paragraph expires on December 31 of the year
that the permanent rules adopted by the commissioner governing security screening systems
are published in the State Register.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days following final enactment.
new text end

Sec. 23.

new text begin [144.131] ADVISORY COUNCIL ON PANDAS AND PANS.
new text end

new text begin Subdivision 1. new text end

new text begin Advisory council established. new text end

new text begin The commissioner of health shall establish
an advisory council on pediatric autoimmune neuropsychiatric disorders associated with
streptococcal infections (PANDAS) and pediatric acute-onset neuropsychiatric syndrome
(PANS) to advise the commissioner regarding research, diagnosis, treatment, and education
relating to PANDAS and PANS.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The advisory council shall consist of 14 public members
appointed according to paragraph (b) and two members of the legislature appointed according
to paragraph (c).
new text end

new text begin (b) The commissioner shall appoint the following public members to the advisory council
in the manner provided in section 15.0597:
new text end

new text begin (1) an immunologist who is licensed by the Board of Medical Practice and who has
experience treating PANS with the use of intravenous immunoglobulin;
new text end

new text begin (2) a health care provider who is licensed and practicing in Minnesota and who has
experience treating persons with PANS and autism spectrum disorder;
new text end

new text begin (3) a representative of a nonprofit PANS advocacy organization;
new text end

new text begin (4) a family practice physician who is licensed by the Board of Medical Practice and
practicing in Minnesota and who has experience treating persons with PANS;
new text end

new text begin (5) a medical researcher with experience conducting research on PANDAS, PANS,
obsessive-compulsive disorder, and other neurological disorders;
new text end

new text begin (6) a health care provider who is licensed and practicing in Minnesota and who has
expertise in treating patients with eating disorders;
new text end

new text begin (7) a representative of a professional organization in Minnesota for school psychologists
or school social workers;
new text end

new text begin (8) a child psychiatrist who is licensed by the Board of Medical Practice and practicing
in Minnesota and who has experience treating persons with PANS;
new text end

new text begin (9) a pediatrician who is licensed by the Board of Medical Practice and practicing in
Minnesota and who has experience treating persons with PANS;
new text end

new text begin (10) a representative of an organization focused on autism spectrum disorder;
new text end

new text begin (11) a parent of a child who has been diagnosed with PANS and autism spectrum disorder;
new text end

new text begin (12) a social worker licensed by the Board of Social Work and practicing in Minnesota;
new text end

new text begin (13) a designee of the commissioner of education with expertise in special education;
and
new text end

new text begin (14) a representative of health plan companies that offer health plans in the individual
or group markets.
new text end

new text begin (c) Legislative members shall be appointed to the advisory council as follows:
new text end

new text begin (1) the Subcommittee on Committees of the Committee on Rules and Administration
in the senate shall appoint one member from the senate; and
new text end

new text begin (2) the speaker of the house shall appoint one member from the house of representatives.
new text end

new text begin (d) The commissioner of health or a designee shall serve as a nonvoting member of the
advisory council.
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin Members of the advisory council shall serve for a term of three years
and may be reappointed. Members shall serve until their successors have been appointed.
new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin The commissioner of health or the commissioner's designee
shall provide meeting space and administrative services for the advisory council.
new text end

new text begin Subd. 5. new text end

new text begin Compensation and expenses. new text end

new text begin Public members of the advisory council shall
not receive compensation but may be reimbursed for allowed actual and necessary expenses
incurred in the performance of the member's duties for the advisory council, in the same
manner and amount as authorized by the commissioner's plan adopted under section 43A.18,
subdivision 2.
new text end

new text begin Subd. 6. new text end

new text begin Chair; meetings. new text end

new text begin (a) At the advisory council's first meeting, and every two
years thereafter, the members of the advisory council shall elect from among their
membership a chair and a vice-chair, whose duties shall be established by the advisory
council.
new text end

new text begin (b) The chair of the advisory council shall fix a time and place for regular meetings. The
advisory council shall meet at least four times each year at the call of the chair or at the
request of a majority of the advisory council's members.
new text end

new text begin Subd. 7. new text end

new text begin Duties. new text end

new text begin The advisory council shall:
new text end

new text begin (1) advise the commissioner regarding research, diagnosis, treatment, and education
relating to PANDAS and PANS;
new text end

new text begin (2) annually develop recommendations on the following issues related to PANDAS and
PANS:
new text end

new text begin (i) practice guidelines for diagnosis and treatment;
new text end

new text begin (ii) ways to increase clinical awareness and education of PANDAS and PANS among
pediatricians, other physicians, school-based health centers, and providers of mental health
services;
new text end

new text begin (iii) outreach to educators and parents to increase awareness of PANDAS and PANS;
and
new text end

new text begin (iv) development of a network of volunteer experts on the diagnosis and treatment of
PANDAS and PANS to assist in education and research; and
new text end

new text begin (3) by October 1, 2019, and each October 1 thereafter, complete an annual report with
the advisory council's recommendations on the issues listed in clause (2), and submit the
report to the chairs and ranking minority members of the legislative committees with
jurisdiction over health care and education. The commissioner shall also post a copy of each
annual report on the Department of Health Web site.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The advisory council expires October 1, 2024.
new text end

Sec. 24.

Minnesota Statutes 2016, section 144.1501, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the following definitions
apply.

(b) "Advanced dental therapist" means an individual who is licensed as a dental therapist
under section 150A.06, and who is certified as an advanced dental therapist under section
150A.106.

new text begin (c) "Alcohol and drug counselor" means an individual who is licensed as an alcohol and
drug counselor under chapter 148F.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end "Dental therapist" means an individual who is licensed as a dental therapist under
section 150A.06.

deleted text begin (d)deleted text endnew text begin (e)new text end "Dentist" means an individual who is licensed to practice dentistry.

deleted text begin (e)deleted text endnew text begin (f)new text end "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.

deleted text begin (f)deleted text endnew text begin (g)new text end "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.

deleted text begin (g)deleted text endnew text begin (h)new text end "Mental health professional" means an individual providing clinical services in
the treatment of mental illness who is qualified in at least one of the ways specified in section
245.462, subdivision 18.

deleted text begin (h)deleted text endnew text begin (i)new text end "Medical resident" means an individual participating in a medical residency in
family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

deleted text begin (i)deleted text endnew text begin (j)new text end "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse anesthetist,
advanced clinical nurse specialist, or physician assistant.

deleted text begin (j)deleted text endnew text begin (k)new text end "Nurse" means an individual who has completed training and received all licensing
or certification necessary to perform duties as a licensed practical nurse or registered nurse.

deleted text begin (k)deleted text endnew text begin (l)new text end "Nurse-midwife" means a registered nurse who has graduated from a program of
study designed to prepare registered nurses for advanced practice as nurse-midwives.

deleted text begin (l)deleted text endnew text begin (m)new text end "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.

deleted text begin (m)deleted text endnew text begin (n)new text end "Pharmacist" means an individual with a valid license issued under chapter 151.

deleted text begin (n)deleted text endnew text begin (o)new text end "Physician" means an individual who is licensed to practice medicine in the areas
of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

deleted text begin (o)deleted text endnew text begin (p)new text end "Physician assistant" means a person licensed under chapter 147A.

deleted text begin (p)deleted text endnew text begin (q)new text end "Public health nurse" means a registered nurse licensed in Minnesota who has
obtained a registration certificate as a public health nurse from the Board of Nursing in
accordance with Minnesota Rules, chapter 6316.

deleted text begin (q)deleted text endnew text begin (r)new text end "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.

deleted text begin (r)deleted text endnew text begin (s)new text end "Underserved urban community" means a Minnesota urban area or population
included in the list of designated primary medical care health professional shortage areas
(HPSAs), medically underserved areas (MUAs), or medically underserved populations
(MUPs) maintained and updated by the United States Department of Health and Human
Services.

Sec. 25.

Minnesota Statutes 2017 Supplement, section 144.1501, subdivision 2, is amended
to read:


Subd. 2.

Creation of account.

(a) A health professional education loan forgiveness
program account is established. The commissioner of health shall use money from the
account to establish a loan forgiveness program:

(1) for medical residents and mental health professionals agreeing to practice in designated
rural areas or underserved urban communities or specializing in the area of pediatric
psychiatry;

(2) for midlevel practitioners agreeing to practice in designated rural areas or to teach
at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program
at the undergraduate level or the equivalent at the graduate level;

(3) for nurses who agree to practice in a Minnesota nursing home; an intermediate care
facility for persons with developmental disability; a hospital if the hospital owns and operates
a Minnesota nursing home and a minimum of 50 percent of the hours worked by the nurse
is in the nursing home; a housing with services establishment as defined in section 144D.01,
subdivision 4
; or for a home care provider as defined in section 144A.43, subdivision 4; or
agree to teach at least 12 credit hours, or 720 hours per year in the nursing field in a
postsecondary program at the undergraduate level or the equivalent at the graduate level;

(4) for other health care technicians agreeing to teach at least 12 credit hours, or 720
hours per year in their designated field in a postsecondary program at the undergraduate
level or the equivalent at the graduate level. The commissioner, in consultation with the
Healthcare Education-Industry Partnership, shall determine the health care fields where the
need is the greatest, including, but not limited to, respiratory therapy, clinical laboratory
technology, radiologic technology, and surgical technology;

(5) for pharmacists, advanced dental therapists, dental therapists, deleted text beginanddeleted text end public health
nursesnew text begin, and alcohol and drug counselorsnew text end who agree to practice in designated rural areas;
and

(6) for dentists agreeing to deliver at least 25 percent of the dentist's yearly patient
encounters to state public program enrollees or patients receiving sliding fee schedule
discounts through a formal sliding fee schedule meeting the standards established by the
United States Department of Health and Human Services under Code of Federal Regulations,
title 42, section 51, chapter 303.

(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
fund.

Sec. 26.

Minnesota Statutes 2016, section 144.1501, subdivision 3, is amended to read:


Subd. 3.

Eligibility.

(a) To be eligible to participate in the loan forgiveness program, an
individual must:

(1) be a medical or dental resident; a licensed pharmacist; or be enrolled in a training or
education program to become a dentist, dental therapist, advanced dental therapist, mental
health professional, pharmacist, public health nurse, midlevel practitioner, registered nurse,
deleted text begin or adeleted text end licensed practical nursenew text begin, or alcohol and drug counselornew text end. The commissioner may also
consider applications submitted by graduates in eligible professions who are licensed and
in practice; and

(2) submit an application to the commissioner of health.

(b) An applicant selected to participate must sign a contract to agree to serve a minimum
three-year full-time service obligation according to subdivision 2, which shall begin no later
than March 31 following completion of required training, with the exception of a nurse,
who must agree to serve a minimum two-year full-time service obligation according to
subdivision 2, which shall begin no later than March 31 following completion of required
training.

Sec. 27.

Minnesota Statutes 2016, section 144.1506, subdivision 2, is amended to read:


Subd. 2.

Expansion grant program.

(a) The commissioner of health shall award primary
care residency expansion grants to eligible primary care residency programs to plan and
implement new residency slots. A planning grant shall not exceed $75,000, and a training
grant shall not exceed $150,000 per new residency slot for the first year, $100,000 for the
second year, and $50,000 for the third year of the new residency slot.new text begin For eligible residency
programs longer than three years, training grants may be awarded for the duration of the
residency, not exceeding an average of $100,000 per residency slot per year.
new text end

(b) Funds may be spent to cover the costs of:

(1) planning related to establishing an accredited primary care residency program;

(2) obtaining accreditation by the Accreditation Council for Graduate Medical Education
or another national body that accredits residency programs;

(3) establishing new residency programs or new resident training slots;

(4) recruitment, training, and retention of new residents and faculty;

(5) travel and lodging for new residents;

(6) faculty, new resident, and preceptor salaries related to new residency slots;

(7) training site improvements, fees, equipment, and supplies required for new primary
care resident training slots; and

(8) supporting clinical education in which trainees are part of a primary care team model.

Sec. 28.

new text begin [144.397] STATEWIDE TOBACCO CESSATION SERVICES.
new text end

new text begin (a) The commissioner of health shall administer, or contract for the administration of,
statewide tobacco cessation services to assist Minnesotans who are seeking advice or services
to help them quit using tobacco products. The commissioner shall establish statewide public
awareness activities to inform the public of the availability of the services and encourage
the public to utilize the services because of the dangers and harm of tobacco use and
dependence.
new text end

new text begin (b) Services to be provided may include, but are not limited to:
new text end

new text begin (1) telephone-based coaching and counseling;
new text end

new text begin (2) referrals;
new text end

new text begin (3) written materials mailed upon request;
new text end

new text begin (4) Web-based texting or e-mail services; and
new text end

new text begin (5) free Food and Drug Administration-approved tobacco cessation medications.
new text end

new text begin (c) Services provided must be consistent with evidence-based best practices in tobacco
cessation services. Services provided must be coordinated with employer, health plan
company, and private sector tobacco prevention and cessation services that may be available
to individuals depending on their employment or health coverage.
new text end

Sec. 29.

Minnesota Statutes 2016, section 144.608, subdivision 1, is amended to read:


Subdivision 1.

Trauma Advisory Council established.

(a) A Trauma Advisory Council
is established to advise, consult with, and make recommendations to the commissioner on
the development, maintenance, and improvement of a statewide trauma system.

(b) The council shall consist of the following members:

(1) a trauma surgeon certified by the American Board of Surgery or the American
Osteopathic Board of Surgery who practices in a level I or II trauma hospital;

(2) a general surgeon certified by the American Board of Surgery or the American
Osteopathic Board of Surgery whose practice includes trauma and who practices in a
designated rural area as defined under section 144.1501, subdivision 1, paragraph deleted text begin(e)deleted text endnew text begin (f)new text end;

(3) a neurosurgeon certified by the American Board of Neurological Surgery who
practices in a level I or II trauma hospital;

(4) a trauma program nurse manager or coordinator practicing in a level I or II trauma
hospital;

(5) an emergency physician certified by the American Board of Emergency Medicine
or the American Osteopathic Board of Emergency Medicine whose practice includes
emergency room care in a level I, II, III, or IV trauma hospital;

(6) a trauma program manager or coordinator who practices in a level III or IV trauma
hospital;

(7) a physician certified by the American Board of Family Medicine or the American
Osteopathic Board of Family Practice whose practice includes emergency department care
in a level III or IV trauma hospital located in a designated rural area as defined under section
144.1501, subdivision 1, paragraph deleted text begin(e)deleted text endnew text begin (f)new text end;

(8) a nurse practitioner, as defined under section 144.1501, subdivision 1, paragraph deleted text begin(l)deleted text endnew text begin
(m)
new text end, or a physician assistant, as defined under section 144.1501, subdivision 1, paragraph
deleted text begin (o)deleted text endnew text begin (p)new text end, whose practice includes emergency room care in a level IV trauma hospital located
in a designated rural area as defined under section 144.1501, subdivision 1, paragraph deleted text begin(e)deleted text endnew text begin
(f)
new text end;

(9) a physician certified in pediatric emergency medicine by the American Board of
Pediatrics or certified in pediatric emergency medicine by the American Board of Emergency
Medicine or certified by the American Osteopathic Board of Pediatrics whose practice
primarily includes emergency department medical care in a level I, II, III, or IV trauma
hospital, or a surgeon certified in pediatric surgery by the American Board of Surgery whose
practice involves the care of pediatric trauma patients in a trauma hospital;

(10) an orthopedic surgeon certified by the American Board of Orthopaedic Surgery or
the American Osteopathic Board of Orthopedic Surgery whose practice includes trauma
and who practices in a level I, II, or III trauma hospital;

(11) the state emergency medical services medical director appointed by the Emergency
Medical Services Regulatory Board;

(12) a hospital administrator of a level III or IV trauma hospital located in a designated
rural area as defined under section 144.1501, subdivision 1, paragraph deleted text begin(e)deleted text endnew text begin (f)new text end;

(13) a rehabilitation specialist whose practice includes rehabilitation of patients with
major trauma injuries or traumatic brain injuries and spinal cord injuries as defined under
section 144.661;

(14) an attendant or ambulance director who is an EMT, EMT-I, or EMT-P within the
meaning of section 144E.001 and who actively practices with a licensed ambulance service
in a primary service area located in a designated rural area as defined under section 144.1501,
subdivision 1
, paragraph deleted text begin(e)deleted text endnew text begin (f)new text end; and

(15) the commissioner of public safety or the commissioner's designee.

Sec. 30.

Minnesota Statutes 2016, section 144A.43, subdivision 11, is amended to read:


Subd. 11.

Medication administration.

"Medication administration" means performing
a set of tasks deleted text beginto ensure a client takes medications, and includesdeleted text endnew text begin that includenew text end the following:

(1) checking the client's medication record;

(2) preparing the medication as necessary;

(3) administering the medication to the client;

(4) documenting the administration or reason for not administering the medication; and

(5) reporting to a new text beginregistered new text endnurse new text beginor appropriate licensed health professional new text endany concerns
about the medication, the client, or the client's refusal to take the medication.

Sec. 31.

Minnesota Statutes 2016, section 144A.43, is amended by adding a subdivision
to read:


new text begin Subd. 12a. new text end

new text begin Medication reconciliation. new text end

new text begin "Medication reconciliation" means the process
of identifying the most accurate list of all medications the client is taking, including the
name, dosage, frequency, and route by comparing the client record to an external list of
medications obtained from the client, hospital, prescriber, or other provider.
new text end

Sec. 32.

Minnesota Statutes 2016, section 144A.43, subdivision 27, is amended to read:


Subd. 27.

Service deleted text beginplandeleted text endnew text begin agreementnew text end.

"Service deleted text beginplandeleted text endnew text begin agreementnew text end" means the written deleted text beginplandeleted text endnew text begin
agreement
new text end between the client or client's representative and the temporary licensee or licensee
about the services that will be provided to the client.

Sec. 33.

Minnesota Statutes 2016, section 144A.43, subdivision 30, is amended to read:


Subd. 30.

Standby assistance.

"Standby assistance" means the presence of another
person deleted text beginwithin arm's reach to minimize the risk of injury while performing daily activities
through physical intervention or cuing
deleted text endnew text begin to assist a client with an assistive task by providing
cues, oversight, and minimal physical assistance
new text end.

Sec. 34.

Minnesota Statutes 2016, section 144A.472, subdivision 5, is amended to read:


Subd. 5.

deleted text beginTransfers prohibited;deleted text end Changes in ownership.

deleted text beginAnydeleted text end new text begin(a) A new text endhome care license
issued by the commissioner may not be transferred to another party. Before acquiring
ownership of new text beginor a controlling interest in new text enda home care provider business, a prospective
deleted text begin applicantdeleted text endnew text begin ownernew text end must apply for a new deleted text begintemporarydeleted text end license. A change of ownership is a transfer
of operational control deleted text beginto a different business entitydeleted text end new text beginof the home care provider business new text endand
includes:

(1) transfer of the business to a different or new corporation;

(2) in the case of a partnership, the dissolution or termination of the partnership under
chapter 323A, with the business continuing by a successor partnership or other entity;

(3) relinquishment of control of the provider to another party, including to a contract
management firm that is not under the control of the owner of the business' assets;

(4) transfer of the business by a sole proprietor to another party or entity; or

(5) deleted text beginin the case of a privately held corporation, the change indeleted text endnew text begin transfer ofnew text end ownership or
control of 50 percent or more of the deleted text beginoutstanding voting stockdeleted text endnew text begin controlling interest of a home
care provider business not covered by clauses (1) to (4)
new text end.

new text begin (b) An employee who was employed by the previous owner of the home care provider
business prior to the effective date of a change in ownership under paragraph (a), and who
will be employed by the new owner in the same or a similar capacity, shall be treated as if
no change in employer occurred, with respect to orientation, training, tuberculosis testing,
background studies, and competency testing and training on the policies identified in
subdivision 1, clause (14), and subdivision 2, if applicable.
new text end

new text begin (c) Notwithstanding paragraph (b), a new owner of a home care provider business must
ensure that employees of the provider receive and complete training and testing on any
provisions of policies that differ from those of the previous owner, within 90 days after the
date of the change in ownership.
new text end

Sec. 35.

Minnesota Statutes 2017 Supplement, section 144A.472, subdivision 7, is amended
to read:


Subd. 7.

Fees; application, change of ownership, and renewal.

(a) An initial applicant
seeking temporary home care licensure must submit the following application fee to the
commissioner along with a completed application:

(1) for a basic home care provider, $2,100; or

(2) for a comprehensive home care provider, $4,200.

(b) A home care provider who is filing a change of ownership as required under
subdivision 5 must submit the following application fee to the commissioner, along with
the documentation required for the change of ownership:

(1) for a basic home care provider, $2,100; or

(2) for a comprehensive home care provider, $4,200.

(c) For the period ending June 30, 2018, a home care provider who is seeking to renew
the provider's license shall pay a fee to the commissioner based on revenues derived from
the provision of home care services during the calendar year prior to the year in which the
application is submitted, according to the following schedule:

License Renewal Fee

Provider Annual Revenue
Fee
greater than $1,500,000
$6,625
greater than $1,275,000 and no more than
$1,500,000
$5,797
greater than $1,100,000 and no more than
$1,275,000
$4,969
greater than $950,000 and no more than
$1,100,000
$4,141
greater than $850,000 and no more than $950,000
$3,727
greater than $750,000 and no more than $850,000
$3,313
greater than $650,000 and no more than $750,000
$2,898
greater than $550,000 and no more than $650,000
$2,485
greater than $450,000 and no more than $550,000
$2,070
greater than $350,000 and no more than $450,000
$1,656
greater than $250,000 and no more than $350,000
$1,242
greater than $100,000 and no more than $250,000
$828
greater than $50,000 and no more than $100,000
$500
greater than $25,000 and no more than $50,000
$400
no more than $25,000
$200

(d) For the period between July 1, 2018, and June 30, 2020, a home care provider who
is seeking to renew the provider's license shall pay a fee to the commissioner in an amount
that is ten percent higher than the applicable fee in paragraph (c). A home care provider's
fee shall be based on revenues derived from the provision of home care services during the
calendar year prior to the year in which the application is submitted.

(e) Beginning July 1, 2020, a home care provider who is seeking to renew the provider's
license shall pay a fee to the commissioner based on revenues derived from the provision
of home care services during the calendar year prior to the year in which the application is
submitted, according to the following schedule:

License Renewal Fee

Provider Annual Revenue
Fee
greater than $1,500,000
$7,651
greater than $1,275,000 and no more than
$1,500,000
$6,695
greater than $1,100,000 and no more than
$1,275,000
$5,739
greater than $950,000 and no more than
$1,100,000
$4,783
greater than $850,000 and no more than $950,000
$4,304
greater than $750,000 and no more than $850,000
$3,826
greater than $650,000 and no more than $750,000
$3,347
greater than $550,000 and no more than $650,000
$2,870
greater than $450,000 and no more than $550,000
$2,391
greater than $350,000 and no more than $450,000
$1,913
greater than $250,000 and no more than $350,000
$1,434
greater than $100,000 and no more than $250,000
$957
greater than $50,000 and no more than $100,000
$577
greater than $25,000 and no more than $50,000
$462
no more than $25,000
$231

(f) If requested, the home care provider shall provide the commissioner information to
verify the provider's annual revenues or other information as needed, including copies of
documents submitted to the Department of Revenue.

(g) At each annual renewal, a home care provider may elect to pay the highest renewal
fee for its license category, and not provide annual revenue information to the commissioner.

(h) A temporary license or license applicant, or temporary licensee or licensee that
knowingly provides the commissioner incorrect revenue amounts for the purpose of paying
a lower license fee, shall be subject to a civil penalty in the amount of double the fee the
provider should have paid.

(i)new text begin The fee for failure to comply with the notification requirements of section 144A.473,
subdivision 2, paragraph (c), is $1,000.
new text end

new text begin (j)new text end Fees and penalties collected under this section shall be deposited in the state treasury
and credited to the state government special revenue fund. All fees are nonrefundable. Fees
collected under paragraphs (c), (d), and (e) are nonrefundable even if received before July
1, 2017, for temporary licenses or licenses being issued effective July 1, 2017, or later.

Sec. 36.

Minnesota Statutes 2016, section 144A.473, is amended to read:


144A.473 ISSUANCE OF TEMPORARY LICENSE AND LICENSE RENEWAL.

Subdivision 1.

Temporary license and renewal of license.

(a) The department shall
review each application to determine the applicant's knowledge of and compliance with
Minnesota home care regulations. Before granting a temporary license or renewing a license,
the commissioner may further evaluate the applicant or licensee by requesting additional
information or documentation or by conducting an on-site survey of the applicant to
determine compliance with sections 144A.43 to 144A.482.

(b) Within 14 calendar days after receiving an application for a license, the commissioner
shall acknowledge receipt of the application in writing. The acknowledgment must indicate
whether the application appears to be complete or whether additional information is required
before the application will be considered complete.

(c) Within 90 days after receiving a complete application, the commissioner shall issue
a temporary license, renew the license, or deny the license.

(d) The commissioner shall issue a license that contains the home care provider's name,
address, license level, expiration date of the license, and unique license number. All licensesnew text begin,
except for temporary licenses issued under subdivision 2,
new text end are valid for new text beginup to new text endone year from
the date of issuance.

Subd. 2.

Temporary license.

(a) For new license applicants, the commissioner shall
issue a temporary license for either the basic or comprehensive home care level. A temporary
license is effective for up to one year from the date of issuancenew text begin, except that a temporary
license may be extended according to subdivision 3
new text end. Temporary licensees must comply with
sections 144A.43 to 144A.482.

(b) During the temporary license deleted text beginyeardeleted text endnew text begin periodnew text end, the commissioner shall survey the temporary
licensee new text beginwithin 90 calendar daysnew text end after the commissioner is notified or has evidence that the
temporary licensee is providing home care services.

(c) Within five days of beginning the provision of services, the temporary licensee must
notify the commissioner that it is serving clients. The notification to the commissioner may
be mailed or e-mailed to the commissioner at the address provided by the commissioner. If
the temporary licensee does not provide home care services during the temporary license
deleted text begin yeardeleted text endnew text begin periodnew text end, then the temporary license expires at the end of the deleted text beginyeardeleted text endnew text begin periodnew text end and the applicant
must reapply for a temporary home care license.

(d) A temporary licensee may request a change in the level of licensure prior to being
surveyed and granted a license by notifying the commissioner in writing and providing
additional documentation or materials required to update or complete the changed temporary
license application. The applicant must pay the difference between the application fees
when changing from the basic level to the comprehensive level of licensure. No refund will
be made if the provider chooses to change the license application to the basic level.

(e) If the temporary licensee notifies the commissioner that the licensee has clients within
45 days prior to the temporary license expiration, the commissioner may extend the temporary
license for up to 60 days in order to allow the commissioner to complete the on-site survey
required under this section and follow-up survey visits.

Subd. 3.

Temporary licensee survey.

(a) If the temporary licensee is in substantial
compliance with the survey, the commissioner shall issue either a basic or comprehensive
home care license. If the temporary licensee is not in substantial compliance with the survey,
the commissioner shall new text begineither: (1) new text endnot issue a deleted text beginbasic or comprehensivedeleted text end license and deleted text beginthere will
be no contested hearing right under chapter 14
deleted text endnew text begin terminate the temporary license; or (2) extend
the temporary license for a period not to exceed 90 days and apply conditions, as permitted
under section 144A.475, subdivision 2, to the extension of a temporary license. If the
temporary licensee is not in substantial compliance with the survey within the time period
of the extension, or if the temporary licensee does not satisfy the license conditions, the
commissioner may deny the license
new text end.

(b) If the temporary licensee whose basic or comprehensive license has been denied new text beginor
extended with conditions
new text enddisagrees with the conclusions of the commissioner, then the
new text begin temporary new text endlicensee may request a reconsideration by the commissioner or commissioner's
designee. The reconsideration request process must be conducted internally by the
commissioner or commissioner's designee, and chapter 14 does not apply.

(c) The temporary licensee requesting reconsideration must make the request in writing
and must list and describe the reasons why the new text begintemporary new text endlicensee disagrees with the decision
to deny the basic or comprehensive home care licensenew text begin or the decision to extend the temporary
license with conditions
new text end.

(d)new text begin The reconsideration request and supporting documentation must be received by the
commissioner within 15 calendar days after the date the temporary licensee receives the
correction order.
new text end

new text begin (e) A temporary licensee whose license is denied, is permitted to continue operating as
a home care provider during the period of time when:
new text end

new text begin (1) a reconsideration request is in process;
new text end

new text begin (2) an extension of a temporary license is being negotiated;
new text end

new text begin (3) the placement of conditions on a temporary license is being negotiated; or
new text end

new text begin (4) a transfer of home care clients from the temporary licensee to a new home care
provider is in process.
new text end

new text begin (f)new text end A temporary licensee whose license is denied must comply with the requirements
for notification and transfer of clients in section 144A.475, subdivision 5.

Sec. 37.

Minnesota Statutes 2016, section 144A.474, subdivision 2, is amended to read:


Subd. 2.

Types of home care surveys.

(a) "Initial full survey" means the survey of a
new temporary licensee conducted after the department is notified or has evidence that the
temporary licensee is providing home care services to determine if the provider is in
compliance with home care requirements. Initial full surveys must be completed within 14
months after the department's issuance of a temporary basic or comprehensive license.

(b)new text begin "Change in ownership survey" means a full survey of a new licensee due to a change
in ownership. Change in ownership surveys must be completed within six months after the
department's issuance of a new license due to a change in ownership.
new text end

new text begin (c)new text end "Core survey" means periodic inspection of home care providers to determine ongoing
compliance with the home care requirements, focusing on the essential health and safety
requirements. Core surveys are available to licensed home care providers who have been
licensed for three years and surveyed at least once in the past three years with the latest
survey having no widespread violations beyond Level 1 as provided in subdivision 11.
Providers must also not have had any substantiated licensing complaints, substantiated
complaints against the agency under the Vulnerable Adults Act or Maltreatment of Minors
Act, or an enforcement action as authorized in section 144A.475 in the past three years.

(1) The core survey for basic home care providers must review compliance in the
following areas:

(i) reporting of maltreatment;

(ii) orientation to and implementation of the home care bill of rights;

(iii) statement of home care services;

(iv) initial evaluation of clients and initiation of services;

(v) client review and monitoring;

(vi) service deleted text beginplandeleted text endnew text begin agreementnew text end implementation and changes to the service deleted text beginplandeleted text endnew text begin agreementnew text end;

(vii) client complaint and investigative process;

(viii) competency of unlicensed personnel; and

(ix) infection control.

(2) For comprehensive home care providers, the core survey must include everything
in the basic core survey plus these areas:

(i) delegation to unlicensed personnel;

(ii) assessment, monitoring, and reassessment of clients; and

(iii) medication, treatment, and therapy management.

deleted text begin (c)deleted text endnew text begin (d)new text end "Full survey" means the periodic inspection of home care providers to determine
ongoing compliance with the home care requirements that cover the core survey areas and
all the legal requirements for home care providers. A full survey is conducted for all
temporary licensees deleted text beginanddeleted text endnew text begin, for licensees that receive licenses due to an approved change in
ownership,
new text end for providers who do not meet the requirements needed for a core survey, and
when a surveyor identifies unacceptable client health or safety risks during a core survey.
A full survey must include all the tasks identified as part of the core survey and any additional
review deemed necessary by the department, including additional observation, interviewing,
or records review of additional clients and staff.

deleted text begin (d)deleted text endnew text begin (e)new text end "Follow-up surveys" means surveys conducted to determine if a home care
provider has corrected deficient issues and systems identified during a core survey, full
survey, or complaint investigation. Follow-up surveys may be conducted via phone, e-mail,
fax, mail, or on-site reviews. Follow-up surveys, other than complaint surveys, shall be
concluded with an exit conference and written information provided on the process for
requesting a reconsideration of the survey results.

deleted text begin (e)deleted text endnew text begin (f)new text end Upon receiving information alleging that a home care provider has violated or is
currently violating a requirement of sections 144A.43 to 144A.482, the commissioner shall
investigate the complaint according to sections 144A.51 to 144A.54.

Sec. 38.

Minnesota Statutes 2016, section 144A.475, subdivision 1, is amended to read:


Subdivision 1.

Conditions.

(a) The commissioner may refuse to grant a temporary
license, new text beginrefuse to grant a license as a result of a change in ownership, refuse to new text endrenew a
license, suspend or revoke a license, or impose a conditional license if the home care provider
or owner or managerial official of the home care provider:

(1) is in violation of, or during the term of the license has violated, any of the requirements
in sections 144A.471 to 144A.482;

(2) permits, aids, or abets the commission of any illegal act in the provision of home
care;

(3) performs any act detrimental to the health, safety, and welfare of a client;

(4) obtains the license by fraud or misrepresentation;

(5) knowingly made or makes a false statement of a material fact in the application for
a license or in any other record or report required by this chapter;

(6) denies representatives of the department access to any part of the home care provider's
books, records, files, or employees;

(7) interferes with or impedes a representative of the department in contacting the home
care provider's clients;

(8) interferes with or impedes a representative of the department in the enforcement of
this chapter or has failed to fully cooperate with an inspection, survey, or investigation by
the department;

(9) destroys or makes unavailable any records or other evidence relating to the home
care provider's compliance with this chapter;

(10) refuses to initiate a background study under section 144.057 or 245A.04;

(11) fails to timely pay any fines assessed by the department;

(12) violates any local, city, or township ordinance relating to home care services;

(13) has repeated incidents of personnel performing services beyond their competency
level; or

(14) has operated beyond the scope of the home care provider's license level.

(b) A violation by a contractor providing the home care services of the home care provider
is a violation by the home care provider.

Sec. 39.

Minnesota Statutes 2016, section 144A.475, subdivision 2, is amended to read:


Subd. 2.

Terms to suspension or conditional license.

new text begin(a) new text endA suspension or conditional
license designation may include terms that must be completed or met before a suspension
or conditional license designation is lifted. A conditional license designation may include
restrictions or conditions that are imposed on the provider. Terms for a suspension or
conditional license may include one or more of the following and the scope of each will be
determined by the commissioner:

(1) requiring a consultant to review, evaluate, and make recommended changes to the
home care provider's practices and submit reports to the commissioner at the cost of the
home care provider;

(2) requiring supervision of the home care provider or staff practices at the cost of the
home care provider by an unrelated person who has sufficient knowledge and qualifications
to oversee the practices and who will submit reports to the commissioner;

(3) requiring the home care provider or employees to obtain training at the cost of the
home care provider;

(4) requiring the home care provider to submit reports to the commissioner;

(5) prohibiting the home care provider from taking any new clients for a period of time;
or

(6) any other action reasonably required to accomplish the purpose of this subdivision
and section 144A.45, subdivision 2.

new text begin (b) A home care provider subject to this subdivision may continue operating during the
period of time home care clients are being transferred to other providers.
new text end

Sec. 40.

Minnesota Statutes 2016, section 144A.475, subdivision 5, is amended to read:


Subd. 5.

Plan required.

(a) The process of suspending or revoking a license must include
a plan for transferring affected clients to other providers by the home care provider, which
will be monitored by the commissioner. Within three business days of being notified of the
final revocation or suspension action, the home care provider shall provide the commissioner,
the lead agencies as defined in section 256B.0911, and the ombudsman for long-term care
with the following information:

(1) a list of all clients, including full names and all contact information on file;

(2) a list of each client's representative or emergency contact person, including full names
and all contact information on file;

(3) the location or current residence of each client;

(4) the payor sources for each client, including payor source identification numbers; and

(5) for each client, a copy of the client's service plan, and a list of the types of services
being provided.

(b) The revocation or suspension notification requirement is satisfied by mailing the
notice to the address in the license record. The home care provider shall cooperate with the
commissioner and the lead agencies during the process of transferring care of clients to
qualified providers. Within three business days of being notified of the final revocation or
suspension action, the home care provider must notify and disclose to each of the home
care provider's clients, or the client's representative or emergency contact persons, that the
commissioner is taking action against the home care provider's license by providing a copy
of the revocation or suspension notice issued by the commissioner.

new text begin (c) A home care provider subject to this subdivision may continue operating during the
period of time home care clients are being transferred to other providers.
new text end

Sec. 41.

Minnesota Statutes 2016, section 144A.476, subdivision 1, is amended to read:


Subdivision 1.

Prior criminal convictions; owner and managerial officials.

(a) Before
the commissioner issues a temporary licensenew text begin, issues a license new text endnew text beginas a result of an approved
change in ownership,
new text end or renews a license, an owner or managerial official is required to
complete a background study under section 144.057. No person may be involved in the
management, operation, or control of a home care provider if the person has been disqualified
under chapter 245C. If an individual is disqualified under section 144.057 or chapter 245C,
the individual may request reconsideration of the disqualification. If the individual requests
reconsideration and the commissioner sets aside or rescinds the disqualification, the individual
is eligible to be involved in the management, operation, or control of the provider. If an
individual has a disqualification under section 245C.15, subdivision 1, and the disqualification
is affirmed, the individual's disqualification is barred from a set aside, and the individual
must not be involved in the management, operation, or control of the provider.

(b) For purposes of this section, owners of a home care provider subject to the background
check requirement are those individuals whose ownership interest provides sufficient
authority or control to affect or change decisions related to the operation of the home care
provider. An owner includes a sole proprietor, a general partner, or any other individual
whose individual ownership interest can affect the management and direction of the policies
of the home care provider.

(c) For the purposes of this section, managerial officials subject to the background check
requirement are individuals who provide direct contact as defined in section 245C.02,
subdivision 11
, or individuals who have the responsibility for the ongoing management or
direction of the policies, services, or employees of the home care provider. Data collected
under this subdivision shall be classified as private data on individuals under section 13.02,
subdivision 12
.

(d) The department shall not issue any license if the applicant or owner or managerial
official has been unsuccessful in having a background study disqualification set aside under
section 144.057 and chapter 245C; if the owner or managerial official, as an owner or
managerial official of another home care provider, was substantially responsible for the
other home care provider's failure to substantially comply with sections 144A.43 to
144A.482; or if an owner that has ceased doing business, either individually or as an owner
of a home care provider, was issued a correction order for failing to assist clients in violation
of this chapter.

Sec. 42.

Minnesota Statutes 2016, section 144A.479, subdivision 7, is amended to read:


Subd. 7.

Employee records.

The home care provider must maintain current records of
each paid employee, regularly scheduled volunteers providing home care services, and of
each individual contractor providing home care services. The records must include the
following information:

(1) evidence of current professional licensure, registration, or certification, if licensure,
registration, or certification is required by this statute or other rules;

(2) records of orientation, required annual training and infection control training, and
competency evaluations;

(3) current job description, including qualifications, responsibilities, and identification
of staff providing supervision;

(4) documentation of annual performance reviews which identify areas of improvement
needed and training needs;

(5) for individuals providing home care services, verification that deleted text beginrequireddeleted text endnew text begin anynew text end health
screenings new text beginrequired by infection control programs established new text endunder section 144A.4798
have taken place and the dates of those screenings; and

(6) documentation of the background study as required under section 144.057.

Each employee record must be retained for at least three years after a paid employee, home
care volunteer, or contractor ceases to be employed by or under contract with the home care
provider. If a home care provider ceases operation, employee records must be maintained
for three years.

Sec. 43.

Minnesota Statutes 2016, section 144A.4791, subdivision 1, is amended to read:


Subdivision 1.

Home care bill of rights; notification to client.

(a) The home care
provider shall provide the client or the client's representative a written notice of the rights
under section 144A.44 before the deleted text begininitiation ofdeleted text endnew text begin date thatnew text end services new text beginare first provided new text endto that
client. The provider shall make all reasonable efforts to provide notice of the rights to the
client or the client's representative in a language the client or client's representative can
understand.

(b) In addition to the text of the home care bill of rights in section 144A.44, subdivision
1, the notice shall also contain the following statement describing how to file a complaint
with these offices.

"If you have a complaint about the provider or the person providing your home care
services, you may call, write, or visit the Office of Health Facility Complaints, Minnesota
Department of Health. You may also contact the Office of Ombudsman for Long-Term
Care or the Office of Ombudsman for Mental Health and Developmental Disabilities."

The statement should include the telephone number, Web site address, e-mail address,
mailing address, and street address of the Office of Health Facility Complaints at the
Minnesota Department of Health, the Office of the Ombudsman for Long-Term Care, and
the Office of the Ombudsman for Mental Health and Developmental Disabilities. The
statement should also include the home care provider's name, address, e-mail, telephone
number, and name or title of the person at the provider to whom problems or complaints
may be directed. It must also include a statement that the home care provider will not retaliate
because of a complaint.

(c) The home care provider shall obtain written acknowledgment of the client's receipt
of the home care bill of rights or shall document why an acknowledgment cannot be obtained.
The acknowledgment may be obtained from the client or the client's representative.
Acknowledgment of receipt shall be retained in the client's record.

Sec. 44.

Minnesota Statutes 2016, section 144A.4791, subdivision 3, is amended to read:


Subd. 3.

Statement of home care services.

Prior to the deleted text begininitiation ofdeleted text endnew text begin date thatnew text end servicesnew text begin
are first provided to the client
new text end, a home care provider must provide to the client or the client's
representative a written statement which identifies if the provider has a basic or
comprehensive home care license, the services the provider is authorized to provide, and
which services the provider cannot provide under the scope of the provider's license. The
home care provider shall obtain written acknowledgment from the clients that the provider
has provided the statement or must document why the provider could not obtain the
acknowledgment.

Sec. 45.

Minnesota Statutes 2016, section 144A.4791, subdivision 6, is amended to read:


Subd. 6.

Initiation of services.

When a provider deleted text begininitiatesdeleted text endnew text begin provides home carenew text end services
deleted text begin anddeleted text endnew text begin to a client beforenew text end the individualized review or assessment new text beginby a licensed health
professional or registered nurse as
new text endrequired in subdivisions 7 and 8 deleted text beginhas not beendeleted text endnew text begin isnew text end completed,
the deleted text beginproviderdeleted text endnew text begin licensed health professional or registered nursenew text end must complete a temporary
plan deleted text beginand agreementdeleted text end with the client deleted text beginfor servicesdeleted text endnew text begin and orient staff assigned to deliver services
as identified in the
new text endnew text begintemporary plannew text end.

Sec. 46.

Minnesota Statutes 2016, section 144A.4791, subdivision 7, is amended to read:


Subd. 7.

Basic individualized client review and monitoring.

(a) When services being
provided are basic home care services, an individualized initial review of the client's needs
and preferences must be conducted at the client's residence with the client or client's
representative. This initial review must be completed within 30 days after the deleted text begininitiation of
the
deleted text endnew text begin date thatnew text end home care servicesnew text begin are first providednew text end.

(b) Client monitoring and review must be conducted as needed based on changes in the
needs of the client and cannot exceed 90 days from the date of the last review. The monitoring
and review may be conducted at the client's residence or through the utilization of
telecommunication methods based on practice standards that meet the individual client's
needs.

Sec. 47.

Minnesota Statutes 2016, section 144A.4791, subdivision 8, is amended to read:


Subd. 8.

Comprehensive assessment, monitoring, and reassessment.

(a) When the
services being provided are comprehensive home care services, an individualized initial
assessment must be conducted in person by a registered nurse. When the services are provided
by other licensed health professionals, the assessment must be conducted by the appropriate
health professional. This initial assessment must be completed within five days after deleted text begininitiation
of
deleted text endnew text begin the date thatnew text end home care servicesnew text begin are first providednew text end.

(b) Client monitoring and reassessment must be conducted in the client's home no more
than 14 days after deleted text begininitiation ofdeleted text endnew text begin the date that home carenew text end servicesnew text begin are first providednew text end.

(c) Ongoing client monitoring and reassessment must be conducted as needed based on
changes in the needs of the client and cannot exceed 90 days from the last date of the
assessment. The monitoring and reassessment may be conducted at the client's residence
or through the utilization of telecommunication methods based on practice standards that
meet the individual client's needs.

Sec. 48.

Minnesota Statutes 2016, section 144A.4791, subdivision 9, is amended to read:


Subd. 9.

Service deleted text beginplandeleted text endnew text begin agreementnew text end, implementation, and revisions to service deleted text beginplandeleted text endnew text begin
agreement
new text end.

(a) No later than 14 days after the deleted text begininitiation ofdeleted text endnew text begin date that home carenew text end servicesnew text begin are
first provided
new text end, a home care provider shall finalize a current written service deleted text beginplandeleted text endnew text begin agreementnew text end.

(b) The service deleted text beginplandeleted text endnew text begin agreementnew text end and any revisions must include a signature or other
authentication by the home care provider and by the client or the client's representative
documenting agreement on the services to be provided. The service deleted text beginplandeleted text endnew text begin agreementnew text end must
be revised, if needed, based on client review or reassessment under subdivisions 7 and 8.
The provider must provide information to the client about changes to the provider's fee for
services and how to contact the Office of the Ombudsman for Long-Term Care.

(c) The home care provider must implement and provide all services required by the
current service deleted text beginplandeleted text endnew text begin agreementnew text end.

(d) The service deleted text beginplandeleted text end new text beginagreement new text endand revised service deleted text beginplandeleted text end new text beginagreement new text endmust be entered into
the client's record, including notice of a change in a client's fees when applicable.

(e) Staff providing home care services must be informed of the current written service
deleted text begin plandeleted text endnew text begin agreementnew text end.

(f) The service deleted text beginplandeleted text endnew text begin agreementnew text end must include:

(1) a description of the home care services to be provided, the fees for services, and the
frequency of each service, according to the client's current review or assessment and client
preferences;

(2) the identification of the staff or categories of staff who will provide the services;

(3) the schedule and methods of monitoring reviews or assessments of the client;

(4) deleted text beginthe frequency of sessions of supervision of staff and type of personnel who will
deleted text enddeleted text begin supervise staffdeleted text enddeleted text begin; anddeleted text endnew text begin the schedule and methods of monitoring staff providing home care
services; and
new text end

(5) a contingency plan that includes:

(i) the action to be taken by the home care provider and by the client or client's
representative if the scheduled service cannot be provided;

(ii) information and a method for a client or client's representative to contact the home
care provider;

(iii) names and contact information of persons the client wishes to have notified in an
emergency or if there is a significant adverse change in the client's conditiondeleted text begin, including
identification of and information as to who has authority to sign for the client in an
emergency
deleted text end; and

(iv) the circumstances in which emergency medical services are not to be summoned
consistent with chapters 145B and 145C, and declarations made by the client under those
chapters.

Sec. 49.

Minnesota Statutes 2016, section 144A.4792, subdivision 1, is amended to read:


Subdivision 1.

Medication management services; comprehensive home care license.

(a) This subdivision applies only to home care providers with a comprehensive home care
license that provide medication management services to clients. Medication management
services may not be provided by a home care provider who has a basic home care license.

(b) A comprehensive home care provider who provides medication management services
must develop, implement, and maintain current written medication management policies
and procedures. The policies and procedures must be developed under the supervision and
direction of a registered nurse, licensed health professional, or pharmacist consistent with
current practice standards and guidelines.

(c) The written policies and procedures must address requesting and receiving
prescriptions for medications; preparing and giving medications; verifying that prescription
drugs are administered as prescribed; documenting medication management activities;
controlling and storing medications; monitoring and evaluating medication use; resolving
medication errors; communicating with the prescriber, pharmacist, and client and client
representative, if any; disposing of unused medications; and educating clients and client
representatives about medications. When controlled substances are being managed, new text beginstored,
and secured by the comprehensive home care provider,
new text endthe policies and procedures must
also identify how the provider will ensure security and accountability for the overall
management, control, and disposition of those substances in compliance with state and
federal regulations and with subdivision 22.

Sec. 50.

Minnesota Statutes 2016, section 144A.4792, subdivision 2, is amended to read:


Subd. 2.

Provision of medication management services.

(a) For each client who
requests medication management services, the comprehensive home care provider shall,
prior to providing medication management services, have a registered nurse, licensed health
professional, or authorized prescriber under section 151.37 conduct an assessment to
determine what medication management services will be provided and how the services
will be provided. This assessment must be conducted face-to-face with the client. The
assessment must include an identification and review of all medications the client is known
to be taking. The review and identification must include indications for medications, side
effects, contraindications, allergic or adverse reactions, and actions to address these issues.

(b) The assessment mustnew text begin:
new text end

new text begin (1)new text end identify interventions needed in management of medications to prevent diversion of
medication by the client or others who may have access to the medicationsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) provide instructions to the client or client's representative on interventions to manage
the client's medications and prevent diversion of medications.
new text end

"Diversion of medications" means the misuse, theft, or illegal or improper disposition of
medications.

Sec. 51.

Minnesota Statutes 2016, section 144A.4792, subdivision 5, is amended to read:


Subd. 5.

Individualized medication management plan.

(a) For each client receiving
medication management services, the comprehensive home care provider must prepare and
include in the service deleted text beginplandeleted text endnew text begin agreementnew text end a written statement of the medication management
services that will be provided to the client. The provider must develop and maintain a current
individualized medication management record for each client based on the client's assessment
that must contain the following:

(1) a statement describing the medication management services that will be provided;

(2) a description of storage of medications based on the client's needs and preferences,
risk of diversion, and consistent with the manufacturer's directions;

(3) documentation of specific client instructions relating to the administration of
medications;

(4) identification of persons responsible for monitoring medication supplies and ensuring
that medication refills are ordered on a timely basis;

(5) identification of medication management tasks that may be delegated to unlicensed
personnel;

(6) procedures for staff notifying a registered nurse or appropriate licensed health
professional when a problem arises with medication management services; and

(7) any client-specific requirements relating to documenting medication administration,
verifications that all medications are administered as prescribed, and monitoring of
medication use to prevent possible complications or adverse reactions.

(b) The medication management record must be current and updated when there are any
changes.

new text begin (c) Medication reconciliation must be completed when a licensed nurse, licensed health
professional, or authorized prescriber is providing medication management.
new text end

Sec. 52.

Minnesota Statutes 2016, section 144A.4792, subdivision 10, is amended to read:


Subd. 10.

Medication management for clients who will be away from home.

(a) A
home care provider who is providing medication management services to the client and
controls the client's access to the medications must develop and implement policies and
procedures for giving accurate and current medications to clients for planned or unplanned
times away from home according to the client's individualized medication management
plan. The policy and procedures must state that:

(1) for planned time away, the medications must be obtained from the pharmacy or set
up by deleted text beginthe registereddeleted text endnew text begin a licensednew text end nurse according to appropriate state and federal laws and
nursing standards of practice;

(2) for unplanned time away, when the pharmacy is not able to provide the medications,
a licensed nurse or unlicensed personnel shall give the client or client's representative
medications in amounts and dosages needed for the length of the anticipated absence, not
to exceed deleted text begin120 hoursdeleted text endnew text begin seven calendar daysnew text end;

(3) the client or client's representative must be provided written information on
medications, including any special instructions for administering or handling the medications,
including controlled substances;

(4) the medications must be placed in a medication container or containers appropriate
to the provider's medication system and must be labeled with the client's name and the dates
and times that the medications are scheduled; and

(5) the client or client's representative must be provided in writing the home care
provider's name and information on how to contact the home care provider.

(b) For unplanned time away when the licensed nurse is not available, the registered
nurse may delegate this task to unlicensed personnel if:

(1) the registered nurse has trained the unlicensed staff and determined the unlicensed
staff is competent to follow the procedures for giving medications to clients; and

(2) the registered nurse has developed written procedures for the unlicensed personnel,
including any special instructions or procedures regarding controlled substances that are
prescribed for the client. The procedures must address:

(i) the type of container or containers to be used for the medications appropriate to the
provider's medication system;

(ii) how the container or containers must be labeled;

(iii) the written information about the medications to be given to the client or client's
representative;

(iv) how the unlicensed staff must document in the client's record that medications have
been given to the client or the client's representative, including documenting the date the
medications were given to the client or the client's representative and who received the
medications, the person who gave the medications to the client, the number of medications
that were given to the client, and other required information;

(v) how the registered nurse shall be notified that medications have been given to the
client or client's representative and whether the registered nurse needs to be contacted before
the medications are given to the client or the client's representative; deleted text beginand
deleted text end

(vi) a review by the registered nurse of the completion of this task to verify that this task
was completed accurately by the unlicensed personneldeleted text begin.deleted text endnew text begin; and
new text end

new text begin (vii) how the unlicensed staff must document in the client's record any unused medications
that are returned to the provider, including the name of each medication and the doses of
each returned medication.
new text end

Sec. 53.

Minnesota Statutes 2016, section 144A.4793, subdivision 6, is amended to read:


Subd. 6.

new text beginTreatment and therapy new text endorders deleted text beginor prescriptionsdeleted text end.

There must be an up-to-date
written or electronically recorded order deleted text beginor prescriptiondeleted text endnew text begin from an authorized prescribernew text end for
all treatments and therapies. The order must contain the name of the client, a description of
the treatment or therapy to be provided, and the frequencynew text begin, duration,new text end and other information
needed to administer the treatment or therapy.new text begin Treatment and therapy orders must be renewed
at least every 12 months.
new text end

Sec. 54.

Minnesota Statutes 2017 Supplement, section 144A.4796, subdivision 2, is
amended to read:


Subd. 2.

Content.

(a) The orientation must contain the following topics:

(1) an overview of sections 144A.43 to 144A.4798;

(2) introduction and review of all the provider's policies and procedures related to the
provision of home care servicesnew text begin by the individual staff personnew text end;

(3) handling of emergencies and use of emergency services;

(4) compliance with and reporting of the maltreatment of minors or vulnerable adults
under sections 626.556 and 626.557;

(5) home care bill of rights under section 144A.44;

(6) handling of clients' complaints, reporting of complaints, and where to report
complaints including information on the Office of Health Facility Complaints and the
Common Entry Point;

(7) consumer advocacy services of the Office of Ombudsman for Long-Term Care,
Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care
Ombudsman at the Department of Human Services, county managed care advocates, or
other relevant advocacy services; and

(8) review of the types of home care services the employee will be providing and the
provider's scope of licensure.

(b) In addition to the topics listed in paragraph (a), orientation may also contain training
on providing services to clients with hearing loss. Any training on hearing loss provided
under this subdivision must be high quality and research-based, may include online training,
and must include training on one or more of the following topics:

(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence,
and challenges it poses to communication;

(2) health impacts related to untreated age-related hearing loss, such as increased
incidence of dementia, falls, hospitalizations, isolation, and depression; or

(3) information about strategies and technology that may enhance communication and
involvement, including communication strategies, assistive listening devices, hearing aids,
visual and tactile alerting devices, communication access in real time, and closed captions.

Sec. 55.

Minnesota Statutes 2016, section 144A.4797, subdivision 3, is amended to read:


Subd. 3.

Supervision of staff providing delegated nursing or therapy home care
tasks.

(a) Staff who perform delegated nursing or therapy home care tasks must be supervised
by an appropriate licensed health professional or a registered nurse periodically where the
services are being provided to verify that the work is being performed competently and to
identify problems and solutions related to the staff person's ability to perform the tasks.
Supervision of staff performing medication or treatment administration shall be provided
by a registered nurse or appropriate licensed health professional and must include observation
of the staff administering the medication or treatment and the interaction with the client.

(b) The direct supervision of staff performing delegated tasks must be provided within
30 days after the new text begindate on which the new text endindividual begins working for the home care providernew text begin
and first performs delegated tasks for clients
new text end and thereafter as needed based on performance.
This requirement also applies to staff who have not performed delegated tasks for one year
or longer.

Sec. 56.

Minnesota Statutes 2016, section 144A.4798, is amended to read:


144A.4798 deleted text beginEMPLOYEE HEALTH STATUSdeleted text endnew text begin DISEASE PREVENTION AND
INFECTION CONTROL
new text end.

Subdivision 1.

Tuberculosis (TB) deleted text beginprevention anddeleted text endnew text begin infectionnew text end control.

new text begin(a) new text endA home care
provider must establish and maintain a deleted text beginTB prevention anddeleted text end new text begincomprehensive tuberculosis
infection
new text endcontrol program deleted text beginbased ondeleted text endnew text begin according tonew text end the most current new text begintuberculosis infection
control
new text endguidelines issued by the new text beginUnited States new text endCenters for Disease Control and Prevention
(CDC)new text begin, Division of Tuberculosis Elimination, as published in the CDC's Morbidity and
Mortality Weekly Report
new text end. deleted text beginComponents of a TB prevention and control program include
screening all staff providing home care services, both paid and unpaid, at the time of hire
for active TB disease and latent TB infection, and developing and implementing a written
TB infection control plan. The commissioner shall make the most recent CDC standards
available to home care providers on the department's Web site.
deleted text endnew text begin This program must include
a tuberculosis infection control plan that covers all paid and unpaid employees, contractors,
students, and volunteers. The commissioner shall provide technical assistance regarding
implementation of the guidelines.
new text end

new text begin (b) Written evidence of compliance with this subdivision must be maintained by the
home care provider.
new text end

Subd. 2.

Communicable diseases.

A home care provider must follow current deleted text beginfederal
or state guidelines
deleted text endnew text begin state requirementsnew text end for prevention, control, and reporting of deleted text beginhuman
immunodeficiency virus (HIV), hepatitis B virus (HBV), hepatitis C virus, or other
deleted text end communicable diseases as defined in Minnesota Rules, deleted text beginpartdeleted text endnew text begin partsnew text end 4605.7040new text begin, 4605.7044,
4605.7050, 4605.7075, 4605.7080, and 4605.7090
new text end.

new text begin Subd. 3. new text end

new text begin Infection control program. new text end

new text begin A home care provider must establish and maintain
an effective infection control program that complies with accepted health care, medical,
and nursing standards for infection control.
new text end

Sec. 57.

Minnesota Statutes 2016, section 144A.4799, subdivision 1, is amended to read:


Subdivision 1.

Membership.

The commissioner of health shall appoint eight persons
to a home care and assisted living program advisory council consisting of the following:

(1) three public members as defined in section 214.02 who shall be deleted text begineitherdeleted text end persons who
are currently receiving home care services deleted text beginordeleted text endnew text begin, persons who have received home care services
within five years of the application date,
new text endnew text beginpersons whonew text end have family members receiving home
care services, or persons who have family members who have received home care services
within five years of the application date;

(2) three Minnesota home care licensees representing basic and comprehensive levels
of licensure who may be a managerial official, an administrator, a supervising registered
nurse, or an unlicensed personnel performing home care tasks;

(3) one member representing the Minnesota Board of Nursing; and

(4) one member representing the new text beginOffice of new text endOmbudsman for Long-Term Care.

Sec. 58.

Minnesota Statutes 2017 Supplement, section 144A.4799, subdivision 3, is
amended to read:


Subd. 3.

Duties.

(a) At the commissioner's request, the advisory council shall provide
advice regarding regulations of Department of Health licensed home care providers in this
chapter, including advice on the following:

(1) community standards for home care practices;

(2) enforcement of licensing standards and whether certain disciplinary actions are
appropriate;

(3) ways of distributing information to licensees and consumers of home care;

(4) training standards;

(5) identifying emerging issues and opportunities in deleted text beginthedeleted text end home care deleted text beginfield, includingdeleted text endnew text begin and
assisted living;
new text end

new text begin (6) identifyingnew text end the use of technology in home and telehealth capabilities;

deleted text begin (6)deleted text endnew text begin (7)new text end allowable home care licensing modifications and exemptions, including a method
for an integrated license with an existing license for rural licensed nursing homes to provide
limited home care services in an adjacent independent living apartment building owned by
the licensed nursing home; and

deleted text begin (7)deleted text endnew text begin (8)new text end recommendations for studies using the data in section 62U.04, subdivision 4,
including but not limited to studies concerning costs related to dementia and chronic disease
among an elderly population over 60 and additional long-term care costs, as described in
section 62U.10, subdivision 6.

(b) The advisory council shall perform other duties as directed by the commissioner.

(c) The advisory council shall annually review the balance of the account in the state
government special revenue fund described in section 144A.474, subdivision 11, paragraph
(i), and make annual recommendations by January 15 directly to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services regarding appropriations to the commissioner for the purposes in section 144A.474,
subdivision 11, paragraph (i).

Sec. 59.

Minnesota Statutes 2016, section 144A.484, subdivision 1, is amended to read:


Subdivision 1.

Integrated licensing established.

deleted text begin (a) From January 1, 2014, to June 30,
2015, the commissioner of health shall enforce the home and community-based services
standards under chapter 245D for those providers who also have a home care license pursuant
to this chapter as required under Laws 2013, chapter 108, article 8, section 60, and article
11, section 31. During this period, the commissioner shall provide technical assistance to
achieve and maintain compliance with applicable law or rules governing the provision of
home and community-based services, including complying with the service recipient rights
notice in subdivision 4, clause (4). If during the survey, the commissioner finds that the
licensee has failed to achieve compliance with an applicable law or rule under chapter 245D
and this failure does not imminently endanger the health, safety, or rights of the persons
served by the program, the commissioner may issue a licensing survey report with
recommendations for achieving and maintaining compliance.
deleted text end

deleted text begin (b) Beginning July 1, 2015,deleted text end A home care provider applicant or license holder may apply
to the commissioner of health for a home and community-based services designation for
the provision of basic support services identified under section 245D.03, subdivision 1,
paragraph (b). The designation allows the license holder to provide basic support services
that would otherwise require licensure under chapter 245D, under the license holder's home
care license governed by sections 144A.43 to deleted text begin144A.481deleted text endnew text begin 144A.4799new text end.

Sec. 60.

Minnesota Statutes 2016, section 144E.16, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Rules authorizing patient-assisted medication administration. new text end

new text begin (a) The board
shall adopt rules authorizing EMTs, AEMTs, and paramedics certified under section 144E.28
to assist a patient, in emergency situations, with administering prescription medications that
are:
new text end

new text begin (1) carried by a patient;
new text end

new text begin (2) intended to treat adrenal insufficiency or another rare but previously diagnosed
condition that requires emergency treatment with a previously prescribed medication;
new text end

new text begin (3) intended to treat a specific life-threatening condition; and
new text end

new text begin (4) administered via routes of delivery that are within the skill set of the EMT, AEMT,
or paramedic.
new text end

new text begin (b) EMTs, AEMTs, and paramedics assisting a patient with medication administration
according to the rules adopted under this subdivision may do so only under the authority
of guidelines approved by the ambulance service medical director or under direct medical
control.
new text end

Sec. 61.

Minnesota Statutes 2016, section 144E.16, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Rules establishing standards for communication with patients regarding
need for emergency medical services.
new text end

new text begin The board shall adopt rules to establish guidelines
for ambulance services to communicate with a patient in the service area of the ambulance
service, and with the patient's caregivers, concerning the patient's health condition, the
likelihood that the patient will need emergency medical services, and how to collaboratively
develop emergency medical services care plans to meet the patient's needs.
new text end

Sec. 62.

Minnesota Statutes 2017 Supplement, section 144H.01, subdivision 5, is amended
to read:


Subd. 5.

Medically complex or technologically dependent child.

"Medically complex
or technologically dependent child" means a child under 21 years of age whodeleted text begin, because of
a medical condition, requires continuous therapeutic interventions or skilled nursing
supervision which must be prescribed by a licensed physician and administered by, or under
the direct supervision of, a licensed registered nurse.
deleted text endnew text begin:
new text end

new text begin (1) needs skilled assessment and intervention multiple times during a 24-hour period to
maintain health and prevent deterioration of health status;
new text end

new text begin (2) has both predictable health needs and the potential for changes in condition that
could lead to rapid deterioration or life-threatening episodes;
new text end

new text begin (3) requires a 24-hour plan of care, including a backup plan, to reasonably ensure health
and safety in the community; and
new text end

new text begin (4) is expected to require frequent or continuous care in a hospital without the provision
of services in the child's home or a community setting.
new text end

Sec. 63.

Minnesota Statutes 2017 Supplement, section 144H.04, subdivision 1, is amended
to read:


Subdivision 1.

Licenses.

new text begin(a) new text endA person seeking licensure for a PPEC center must submit
a completed application for licensure to the commissioner, in a form and manner determined
by the commissioner. The applicant must also submit the application fee, in the amount
specified in section 144H.05, subdivision 1. deleted text beginEffectivedeleted text endnew text begin For the period January 1, 2019,
through December 31, 2020, the commissioner shall issue licenses for no more than two
PPEC centers according to the requirements in the phase-in of licensure of prescribed
pediatric extended care centers in section 92. Beginning
new text end January 1, deleted text begin2018deleted text endnew text begin 2021new text end, the
commissioner shall issue a license for a PPEC center if the commissioner determines that
the applicant and center meet the requirements of this chapter and rules that apply to PPEC
centers. A license issued under this subdivision is valid for two years.

new text begin (b) The commissioner may limit issuance of PPEC center licenses to PPEC centers
located in areas of the state with a demonstrated home care worker shortage.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 64.

Minnesota Statutes 2017 Supplement, section 144H.06, is amended to read:


144H.06 APPLICATION OF RULES FOR HOSPICE SERVICES AND
RESIDENTIAL HOSPICE FACILITIES.

Minnesota Rules, chapter 4664, shall apply to PPEC centers licensed under this chapter,
except that the following parts, subparts,new text begin andnew text end itemsdeleted text begin, and subitemsdeleted text end do not apply:

(1) Minnesota Rules, part 4664.0003, subparts 2, 6, 7, 11, 12, 13, 14, and 38;

(2) Minnesota Rules, part 4664.0008;

(3) Minnesota Rules, part 4664.0010, subparts 3; 4, deleted text beginitems A, subitem (6), anddeleted text end new text beginitem new text endB;
and 8;

(4) Minnesota Rules, part 4664.0020, subpart 13;

(5) Minnesota Rules, part 4664.0370, subpart 1;

(6) Minnesota Rules, part 4664.0390, subpart 1, items A, C, and E;

(7) Minnesota Rules, part 4664.0420;

(8) Minnesota Rules, part 4664.0425, subparts 3, item A; 4; and 6;

(9) Minnesota Rules, part 4664.0430, subparts 3, 4, 5, 7, 8, 9, 10, 11, and 12;

(10) Minnesota Rules, part 4664.0490; and

(11) Minnesota Rules, part 4664.0520.

Sec. 65.

Minnesota Statutes 2017 Supplement, section 144H.08, is amended to read:


144H.08 ADMINISTRATION AND MANAGEMENT.

Subdivision 1.

deleted text beginDuties of ownerdeleted text endnew text begin Ownersnew text end.

(a) The owner of a PPEC center shallnew text begin:
new text end

new text begin (1)new text end have full legal authority and responsibility for the operation of the center. A PPEC
center must be organized according to a written table of organization, describing the lines
of authority and communication to the child care level. The organizational structure must
be designed to ensure an integrated continuum of services for the children serveddeleted text begin.deleted text endnew text begin; and
new text end

deleted text begin (b) The owner mustdeleted text endnew text begin (2)new text end designate one person as a center administrator, who is responsible
and accountable for overall management of the center.

new text begin (b) In order to serve as an owner of a PPEC center, an individual must have at least two
years of experience in the past five years (1) operating a business that provides care to
medically complex or technologically dependent children, or (2) managing the care of
medically complex or technologically dependent children.
new text end

Subd. 2.

deleted text beginDuties of administratordeleted text endnew text begin Administratorsnew text end.

new text begin(a) new text endThe center administrator is
responsible and accountable for overall management of the center. The administrator must:

(1) designate in writing a person to be responsible for the center when the administrator
is absent from the center for more than 24 hours;

(2) maintain the following written records, in a place and form and using a system that
allows for inspection of the records by the commissioner during normal business hours:

(i) a daily census record, which indicates the number of children currently receiving
services at the center;

(ii) a record of all accidents or unusual incidents involving any child or staff member
that caused, or had the potential to cause, injury or harm to a person at the center or to center
property;

(iii) copies of all current agreements with providers of supportive services or contracted
services;

(iv) copies of all current agreements with consultants employed by the center,
documentation of each consultant's visits, and written, dated reports; and

(v) a personnel record for each employee, which must include an application for
employment, references, employment history for the preceding five years, and copies of all
performance evaluations;

(3) develop and maintain a current job description for each employee;

(4) provide necessary qualified personnel and ancillary services to ensure the health,
safety, and proper care for each child; and

(5) develop and implement infection control policies that comply with rules adopted by
the commissioner regarding infection control.

new text begin (b) In order to serve as an administrator of a PPEC center, an individual must have at
least two years of experience in the past five years caring for or managing the care of
medically complex or technologically dependent children.
new text end

Sec. 66.

Minnesota Statutes 2016, section 145.56, subdivision 2, is amended to read:


Subd. 2.

Community-based programs.

To the extent funds are appropriated for the
purposes of this subdivision, the commissioner shall establish a grant program to fund:

(1) community-based programs to provide education, outreach, and advocacy services
to populations who may be at risk for suicide;

(2) community-based programs that educate community helpers and gatekeepers, such
as family members, spiritual leaders, coaches, and business owners, employers, and
coworkers on how to prevent suicide by encouraging help-seeking behaviors;

(3) community-based programs that educate populations at risk for suicide and community
helpers and gatekeepers that must include information on the symptoms of depression and
other psychiatric illnesses, the warning signs of suicide, skills for preventing suicides, and
making or seeking effective referrals to intervention and community resources;

(4) community-based programs to provide evidence-based suicide prevention and
intervention education to school staff, parents, and students in grades kindergarten through
12, and for students attending Minnesota colleges and universities;

(5) community-based programs to provide evidence-based suicide prevention and
intervention to public school nurses, teachers, administrators, coaches, school social workers,
peace officers, firefighters, emergency medical technicians, advanced emergency medical
technicians, paramedics, primary care providers, and others; deleted text beginand
deleted text end

(6) community-based, evidence-based postvention training to mental health professionals
and practitioners in order to provide technical assistance to communities after a suicide and
to prevent suicide clusters and contagionnew text begin; and
new text end

new text begin (7) a nonprofit organization to provide crisis telephone counseling services across the
state to people in suicidal crisis or emotional distress, 24 hours a day, seven days a week,
365 days a year
new text end.

Sec. 67.

Minnesota Statutes 2016, section 145.928, subdivision 1, is amended to read:


Subdivision 1.

Goal; establishment.

It is the goal of the state, by 2010, to decrease by
50 percent the disparities in infant mortality rates and adult and child immunization rates
for American Indians and populations of color, as compared with rates for whites. To do
so and to achieve other measurable outcomes, the commissioner of health shall establish a
program to close the gap in the health status of American Indians and populations of color
as compared with whites in the following priority areas: infant mortality, new text beginaccess to and
utilization of high-quality prenatal care,
new text endbreast and cervical cancer screening, HIV/AIDS
and sexually transmitted infections, adult and child immunizations, cardiovascular disease,
diabetes, and accidental injuries and violence.

Sec. 68.

Minnesota Statutes 2016, section 145.928, subdivision 7, is amended to read:


Subd. 7.

Community grant program; immunization ratesnew text begin, prenatal care access and
utilization,
new text end and infant mortality rates.

(a) The commissioner shall award grants to eligible
applicants for local or regional projects and initiatives directed at reducing health disparities
in one or deleted text beginbothdeleted text endnew text begin morenew text end of the following priority areas:

(1) decreasing racial and ethnic disparities in infant mortality rates; deleted text beginor
deleted text end

new text begin (2) decreasing racial and ethnic disparities in access to and utilization of high-quality
prenatal care; or
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end increasing adult and child immunization rates in nonwhite racial and ethnic
populations.

(b) The commissioner may award up to 20 percent of the funds available as planning
grants. Planning grants must be used to address such areas as community assessment,
coordination activities, and development of community supported strategies.

(c) Eligible applicants may include, but are not limited to, faith-based organizations,
social service organizations, community nonprofit organizations, community health boards,
tribal governments, and community clinics. Applicants must submit proposals to the
commissioner. A proposal must specify the strategies to be implemented to address one or
deleted text begin bothdeleted text endnew text begin morenew text end of the priority areas listed in paragraph (a) and must be targeted to achieve the
outcomes established according to subdivision 3.

(d) The commissioner shall give priority to applicants who demonstrate that their
proposed project or initiative:

(1) is supported by the community the applicant will serve;

(2) is research-based or based on promising strategies;

(3) is designed to complement other related community activities;

(4) utilizes strategies that positively impact deleted text beginbothdeleted text endnew text begin two or morenew text end priority areas;

(5) reflects racially and ethnically appropriate approaches; and

(6) will be implemented through or with community-based organizations that reflect the
race or ethnicity of the population to be reached.

Sec. 69.

Minnesota Statutes 2016, section 146B.03, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Supervisors. new text end

new text begin (a) A technician must have been licensed in Minnesota or in a
jurisdiction with which Minnesota has reciprocity for at least:
new text end

new text begin (1) two years as a tattoo technician in order to supervise a temporary tattoo technician;
or
new text end

new text begin (2) one year as a body piercing technician in order to supervise a temporary body piercing
technician.
new text end

new text begin (b) Any technician who agrees to supervise more than two temporary tattoo technicians
during the same time period, or more than four body piercing technicians during the same
time period, must provide to the commissioner a supervisory plan that describes how the
technician will provide supervision to each temporary technician in accordance with section
146B.01, subdivision 28.
new text end

new text begin (c) The commissioner may refuse to approve as a supervisor a technician who has been
disciplined in Minnesota or in another jurisdiction after considering the criteria in section
146B.02, subdivision 10, paragraph (b).
new text end

Sec. 70.

Minnesota Statutes 2016, section 147A.08, is amended to read:


147A.08 EXEMPTIONS.

(a) This chapter does not apply to, control, prevent, or restrict the practice, service, or
activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons
regulated under section 214.01, subdivision 2, or persons defined in section 144.1501,
subdivision 1
, paragraphs deleted text begin(i), (k), anddeleted text endnew text begin (j),new text end (l)new text begin, and (m)new text end.

(b) Nothing in this chapter shall be construed to require licensure of:

(1) a physician assistant student enrolled in a physician assistant educational program
accredited by the Accreditation Review Commission on Education for the Physician Assistant
or by its successor agency approved by the board;

(2) a physician assistant employed in the service of the federal government while
performing duties incident to that employment; or

(3) technicians, other assistants, or employees of physicians who perform delegated
tasks in the office of a physician but who do not identify themselves as a physician assistant.

Sec. 71.

Minnesota Statutes 2016, section 148.512, subdivision 17a, is amended to read:


Subd. 17a.

Speech-language pathology assistant.

"Speech-language pathology assistant"
means a person who deleted text beginprovides speech-language pathology services under the supervision of
a licensed speech-language pathologist in accordance with section 148.5192
deleted text endnew text begin practices
speech-language pathology assisting, meets the requirements under section 148.5185 or
148.5186, and is licensed by the commissioner
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 72.

Minnesota Statutes 2016, section 148.513, subdivision 1, is amended to read:


Subdivision 1.

Unlicensed practice prohibited.

A person must not engage in the practice
of speech-language pathology deleted text beginordeleted text endnew text begin,new text end audiologynew text begin, or speech-language pathology assistingnew text end unless
the person is licensed as a speech-language pathologist deleted text beginordeleted text endnew text begin,new text end an audiologistnew text begin, or a
speech-language pathology assistant
new text end under sections 148.511 to 148.5198 deleted text beginor is practicing as
a speech-language pathology assistant in accordance with section 148.5192. For purposes
of this subdivision, a speech-language pathology assistant's duties are limited to the duties
described in accordance with section 148.5192, subdivision 2
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 73.

Minnesota Statutes 2016, section 148.513, subdivision 2, is amended to read:


Subd. 2.

Protected titles and restrictions on usenew text begin; speech-language pathologists and
audiologists
new text end.

deleted text begin(a) Notwithstanding paragraph (b)deleted text endnew text begin Except as provided in subdivision 2bnew text end, the
use of the following terms or initials which represent the following terms, alone or in
combination with any word or words, by any person to form an occupational title is prohibited
unless that person is licensed new text beginas a speech-language pathologist or audiologist new text endunder sections
148.511 to 148.5198:

(1) speech-language;

(2) speech-language pathologist, S, SP, or SLP;

(3) speech pathologist;

(4) language pathologist;

(5) audiologist, A, or AUD;

(6) speech therapist;

(7) speech clinician;

(8) speech correctionist;

(9) language therapist;

(10) voice therapist;

(11) voice pathologist;

(12) logopedist;

(13) communicologist;

(14) aphasiologist;

(15) phoniatrist;

(16) audiometrist;

(17) audioprosthologist;

(18) hearing therapist;

(19) hearing clinician; or

(20) hearing aid audiologist.

Use of the term "Minnesota licensed" in conjunction with the titles protected under this
deleted text begin paragraphdeleted text endnew text begin subdivisionnew text end by any person is prohibited unless that person is licensed new text beginas a
speech-language pathologist or audiologist
new text endunder sections 148.511 to 148.5198.

deleted text begin (b) A speech-language pathology assistant practicing under section 148.5192 must not
represent, indicate, or imply to the public that the assistant is a licensed speech-language
pathologist and shall only utilize one of the following titles: "speech-language pathology
assistant," "SLP assistant," or "SLP asst."
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 74.

Minnesota Statutes 2016, section 148.513, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Protected titles and restrictions on use; speech-language pathology
assistants.
new text end

new text begin (a) Use of the following titles is prohibited, unless that person is licensed under
section 148.5185 or 148.5186: "speech-language pathology assistant," "SLP assistant," or
"SLP asst."
new text end

new text begin (b) A speech-language pathology assistant licensed under section 148.5185 or 148.5186
must not represent, indicate, or imply to the public that the assistant is a licensed
speech-language pathologist and shall only utilize one of the following titles:
"speech-language pathology assistant," "SLP assistant," or "SLP asst." A speech-language
pathology assistant licensed under section 148.5185 or 148.5186 may use the term "licensed"
or "Minnesota licensed" in connection with a title listed in this paragraph. Use of the term
"Minnesota licensed" in conjunction with any of the titles protected under paragraph (a) by
any person is prohibited unless that person is licensed under section 148.5185 or 148.5186.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 75.

Minnesota Statutes 2016, section 148.515, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

Except as provided in section 148.516 or 148.517, an
applicant new text beginfor licensure as a speech-language pathologist or audiologist new text endmust meet the
requirements in this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 76.

Minnesota Statutes 2016, section 148.516, is amended to read:


148.516 LICENSURE BY EQUIVALENCY.

An applicant who applies for licensure by equivalency new text beginas a speech-language pathologist
or audiologist
new text endmust show evidence of possessing a current certificate of clinical competence
issued by the American Speech-Language-Hearing Association or board certification by
the American Board of Audiology and must meet the requirements of section 148.514.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 77.

new text begin [148.5185] RESTRICTED LICENSURE; SPEECH-LANGUAGE
PATHOLOGY ASSISTANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Qualifications for a restricted license. new text end

new text begin To be eligible for restricted
licensure as a speech-language pathology assistant, an applicant must satisfy the requirements
in subdivision 2, 3, or 4.
new text end

new text begin Subd. 2. new text end

new text begin Person practicing as a speech-language pathology assistant before January
1, 2019.
new text end

new text begin (a) A person who is practicing as a speech-language pathology assistant before
January 1, 2019, and who does not meet the qualifications for a license under section
148.5186 may apply for a restricted speech-language pathology assistant license from the
commissioner. An applicant under this paragraph must submit to the commissioner:
new text end

new text begin (1) proof of current employment as a speech-language pathology assistant; and
new text end

new text begin (2) a signed affidavit affirming supervision, from the licensed speech-language pathologist
currently supervising the applicant.
new text end

new text begin (b) In order to be licensed as a speech-language pathology assistant under section
148.5186, a licensee with a restricted license under this subdivision must obtain an associate
degree from a speech-language pathology assistant program that is accredited by the Higher
Learning Commission of the North Central Association of Colleges or its equivalent, as
approved by the commissioner, and that includes (1) coursework on an introduction to
communication disorders, phonetics, language development, articulation disorders, language
disorders, anatomy of speech/language hearing, stuttering, adult communication disorders,
and clinical documentations and materials management; and (2) at least 100 hours of
supervised field work experience in speech-language pathology assisting. Upon completion
of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted
license under this subdivision is eligible to apply for licensure under section 148.5186.
new text end

new text begin Subd. 3. new text end

new text begin Person with a bachelor's degree in communication sciences or disorders
and practicing as a speech-language pathology assistant before January 1, 2019.
new text end

new text begin (a) A
person with a bachelor's degree in the discipline of communication sciences or disorders
and who is practicing as a speech-language pathology assistant before January 1, 2019, but
who does not meet the qualifications for a license under section 148.5186, may apply for a
restricted speech-language pathology assistant license from the commissioner. An applicant
under this paragraph must submit to the commissioner:
new text end

new text begin (1) a transcript from an educational institution documenting satisfactory completion of
a bachelor's degree in the discipline of communication sciences or disorders;
new text end

new text begin (2) proof of current employment as a speech-language pathology assistant; and
new text end

new text begin (3) a signed affidavit affirming supervision, from the licensed speech-language pathologist
currently supervising the applicant.
new text end

new text begin (b) In order to be licensed as a speech-language pathology assistant under section
148.5186, a licensee with a restricted license under this subdivision must complete (1)
coursework from a speech-language pathology assistant program in articulation disorders,
language disorders, adult communication disorders, and stuttering; and (2) at least 100 hours
of supervised field work experience in speech-language pathology assisting. Upon completion
of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted
license under this subdivision is eligible to apply for licensure under section 148.5186.
new text end

new text begin Subd. 4. new text end

new text begin Person with an associate degree from a program that does not meet
requirements in section 148.5186.
new text end

new text begin (a) A person with an associate degree from a
speech-language pathology assistant program that does not meet the requirements in section
148.5186, subdivision 1, clause (1), may apply for a restricted speech-language pathology
assistant license from the commissioner. An applicant under this paragraph must submit to
the commissioner a transcript from an educational institution documenting satisfactory
completion of an associate degree from a speech-language pathology assistant program. If
the commissioner determines that the applicant's speech-language pathology assistant
program does not include coursework or supervised field work experience that is equivalent
to a program under section 148.5186, subdivision 1, clause (1), the commissioner may issue
a restricted license to the applicant.
new text end

new text begin (b) In order to be licensed as a speech-language pathology assistant under section
148.5186, a licensee with a restricted license under this subdivision must complete any
missing coursework or supervised field work experience, as determined by the commissioner,
in a speech-language pathology assisting program. Upon completion of the requirements
in this paragraph prior to January 1, 2025, a licensee with a restricted license under this
subdivision is eligible to apply for licensure under section 148.5186.
new text end

new text begin Subd. 5. new text end

new text begin Additional requirements; restricted license. new text end

new text begin (a) A restricted license issued
under subdivision 2, 3, or 4 may be renewed biennially until January 1, 2025.
new text end

new text begin (b) A licensee with a restricted license under subdivision 2 or 3 may only practice
speech-language pathology assisting for the employer with whom the licensee was employed
when the licensee applied for licensure.
new text end

new text begin Subd. 6. new text end

new text begin Continuing education. new text end

new text begin In order to renew a restricted license, a licensee must
comply with the continuing education requirements in section 148.5193, subdivision 1a.
new text end

new text begin Subd. 7. new text end

new text begin Scope of practice. new text end

new text begin Scope of practice for a speech-language pathology assistant
licensed under this section is governed by section 148.5192, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 78.

new text begin [148.5186] LICENSURE; SPEECH-LANGUAGE PATHOLOGY
ASSISTANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for licensure. new text end

new text begin To be eligible for licensure as a
speech-language pathology assistant, an applicant must submit to the commissioner a
transcript from an educational institution documenting satisfactory completion of either:
new text end

new text begin (1) an associate degree from a speech-language pathology assistant program that is
accredited by the Higher Learning Commission of the North Central Association of Colleges
or its equivalent as approved by the commissioner, which includes at least 100 hours of
supervised field work experience in speech-language pathology assisting; or
new text end

new text begin (2) a bachelor's degree in the discipline of communication sciences or disorders and a
speech-language pathology assistant certificate program that includes (i) coursework in an
introduction to speech-language pathology assisting, stuttering, articulation disorders, and
language disorders; and (ii) at least 100 hours of supervised field work experience in
speech-language pathology assisting.
new text end

new text begin Subd. 2. new text end

new text begin Licensure by equivalency. new text end

new text begin An applicant who applies for licensure by
equivalency as a speech-language pathology assistant must provide evidence to the
commissioner of satisfying the requirements in subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Scope of practice. new text end

new text begin Scope of practice for a speech-language pathology assistant
licensed under this section is governed by section 148.5192, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 79.

Minnesota Statutes 2017 Supplement, section 148.519, subdivision 1, is amended
to read:


Subdivision 1.

Applications for licensurenew text begin; speech-language pathologists and
audiologists
new text end.

(a) An applicant for licensure new text beginas a speech-language pathologist or audiologist
new text end must:

(1) submit a completed application for licensure on forms provided by the commissioner.
The application must include the applicant's name, certification number under chapter 153A,
if applicable, business address and telephone number, or home address and telephone number
if the applicant practices speech-language pathology or audiology out of the home, and a
description of the applicant's education, training, and experience, including previous work
history for the five years immediately preceding the date of application. The commissioner
may ask the applicant to provide additional information necessary to clarify information
submitted in the application; and

(2) submit documentation of the certificate of clinical competence issued by the American
Speech-Language-Hearing Association, board certification by the American Board of
Audiology, or satisfy the following requirements:

(i) submit a transcript showing the completion of a master's or doctoral degree or its
equivalent meeting the requirements of section 148.515, subdivision 2;

(ii) submit documentation of the required hours of supervised clinical training;

(iii) submit documentation of the postgraduate clinical or doctoral clinical experience
meeting the requirements of section 148.515, subdivision 4; and

(iv) submit documentation of receiving a qualifying score on an examination meeting
the requirements of section 148.515, subdivision 6.

(b) In addition, an applicant must:

(1) sign a statement that the information in the application is true and correct to the best
of the applicant's knowledge and belief;

(2) submit with the application all fees required by section 148.5194;

(3) sign a waiver authorizing the commissioner to obtain access to the applicant's records
in this or any other state in which the applicant has engaged in the practice of speech-language
pathology or audiology; and

(4) consent to a fingerprint-based criminal history background check as required under
section 144.0572, pay all required fees, and cooperate with all requests for information. An
applicant must complete a new criminal history background check if more than one year
has elapsed since the applicant last applied for a license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 80.

Minnesota Statutes 2016, section 148.519, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Applications for licensure; speech-language pathology assistants. new text end

new text begin An
applicant for licensure as a speech-language pathology assistant must submit to the
commissioner:
new text end

new text begin (1) a completed application on forms provided by the commissioner. The application
must include the applicant's name, business address and telephone number, home address
and telephone number, and a description of the applicant's education, training, and experience,
including previous work history for the five years immediately preceding the application
date. The commissioner may ask the applicant to provide additional information needed to
clarify information submitted in the application;
new text end

new text begin (2) documentation that the applicant satisfied one of the qualifications listed in section
148.5185 or 148.5186;
new text end

new text begin (3) a signed statement that the information in the application is true and correct to the
best of the applicant's knowledge and belief;
new text end

new text begin (4) all fees required under section 148.5194; and
new text end

new text begin (5) a signed waiver authorizing the commissioner to obtain access to the applicant's
records in this or any other state in which the applicant has worked as a speech-language
pathology assistant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 81.

Minnesota Statutes 2016, section 148.5192, subdivision 1, is amended to read:


Subdivision 1.

Delegation requirements.

A licensed speech-language pathologist may
delegate duties to a speech-language pathology assistant in accordance with this section.
Duties may only be delegated to an individual who deleted text beginhas documented with a transcript from
an educational institution satisfactory completion of either:
deleted text end

deleted text begin (1) an associate degree from a speech-language pathology assistant program that is
accredited by the Higher Learning Commission of the North Central Association of Colleges
or its equivalent as approved by the commissioner; or
deleted text end

deleted text begin (2) a bachelor's degree in the discipline of communication sciences or disorders with
additional transcript credit in the area of instruction in assistant-level service delivery
practices and completion of at least 100 hours of supervised field work experience as a
speech-language pathology assistant student
deleted text endnew text begin is licensed under section 148.5185 or 148.5186new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 82.

Minnesota Statutes 2017 Supplement, section 148.5193, subdivision 1, is amended
to read:


Subdivision 1.

Number of contact hours required.

(a) An applicant for licensure
renewal new text beginas a speech-language pathologist or audiologist new text endmust meet the requirements for
continuing education stipulated by the American Speech-Language-Hearing Association
or the American Board of Audiology, or satisfy the requirements described in paragraphs
(b) to (e).

(b) Within one month following expiration of a license, an applicant for licensure renewal
as either a speech-language pathologist or an audiologist must provide evidence to the
commissioner of a minimum of 30 contact hours of continuing education obtained within
the two years immediately preceding licensure expiration. A minimum of 20 contact hours
of continuing education must be directly related to the licensee's area of licensure. Ten
contact hours of continuing education may be in areas generally related to the licensee's
area of licensure. Licensees who are issued licenses for a period of less than two years shall
prorate the number of contact hours required for licensure renewal based on the number of
months licensed during the biennial licensure period. Licensees shall receive contact hours
for continuing education activities only for the biennial licensure period in which the
continuing education activity was performed.

(c) An applicant for licensure renewal as both a speech-language pathologist and an
audiologist must attest to and document completion of a minimum of 36 contact hours of
continuing education offered by a continuing education sponsor within the two years
immediately preceding licensure renewal. A minimum of 15 contact hours must be received
in the area of speech-language pathology and a minimum of 15 contact hours must be
received in the area of audiology. Six contact hours of continuing education may be in areas
generally related to the licensee's areas of licensure. Licensees who are issued licenses for
a period of less than two years shall prorate the number of contact hours required for licensure
renewal based on the number of months licensed during the biennial licensure period.
Licensees shall receive contact hours for continuing education activities only for the biennial
licensure period in which the continuing education activity was performed.

(d) If the licensee is licensed by the Professional Educator Licensing and Standards
Board:

(1) activities that are approved in the categories of Minnesota Rules, part 8710.7200,
subpart 3, items A and B, and that relate to speech-language pathology, shall be considered:

(i) offered by a sponsor of continuing education; and

(ii) directly related to speech-language pathology;

(2) activities that are approved in the categories of Minnesota Rules, part 8710.7200,
subpart 3, shall be considered:

(i) offered by a sponsor of continuing education; and

(ii) generally related to speech-language pathology; and

(3) one clock hour as defined in Minnesota Rules, part 8710.7200, subpart 1, is equivalent
to 1.0 contact hours of continuing education.

(e) Contact hours may not be accumulated in advance and transferred to a future
continuing education period.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 83.

Minnesota Statutes 2016, section 148.5193, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Continuing education; speech-language pathology assistants. new text end

new text begin An applicant
for licensure renewal as a speech-language pathology assistant must meet the requirements
for continuing education established by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 84.

Minnesota Statutes 2016, section 148.5194, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Speech-language pathology assistant initial licensure and renewal fees.
new text end

new text begin The fee for initial speech-language pathology assistant licensure under section 148.5185 or
148.5186 is $130. The fee for licensure renewal is $120.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 85.

Minnesota Statutes 2016, section 148.5194, subdivision 8, is amended to read:


Subd. 8.

Penalty fees.

(a) The penalty fee for practicing speech-language pathology or
audiology or using protected titles without a current license after the credential has expired
and before it is renewed is the amount of the license renewal fee for any part of the first
month, plus the license renewal fee for any part of any subsequent month up to 36 months.new text begin
The penalty fee for a speech-language pathology assistant who practices speech-language
pathology assisting or uses protected titles without a current license after a license has
expired and before it is renewed is the amount of the license renewal fee for any part of the
first month, plus the license renewal fee for any part of any subsequent month up to 36
months.
new text end

(b) The penalty fee for applicants who engage in the unauthorized practice of
speech-language pathology or audiology or using protected titles before being issued a
license is the amount of the license application fee for any part of the first month, plus the
license application fee for any part of any subsequent month up to 36 months. new text beginThe penalty
fee for a speech-language pathology assistant who engages in the unauthorized practice of
speech-language pathology assisting or uses protected titles without being issued a license
is the amount of the license application fee for any part of the first month, plus the license
application fee for any part of any subsequent month up to 36 months.
new text endThis paragraph does
not apply to applicants not qualifying for a license who engage in the unauthorized practice
of speech language pathology or audiology.

(c) The penalty fee for practicing speech-language pathology or audiology and failing
to submit a continuing education report by the due date with the correct number or type of
hours in the correct time period is $100 plus $20 for each missing clock hour. new text beginThe penalty
fee for a licensed speech-language pathology assistant who fails to submit a continuing
education report by the due date with the correct number or type of hours in the correct time
period is $100 plus $20 for each missing clock hour.
new text end"Missing" means not obtained between
the effective and expiration dates of the certificate, the one-month period following the
certificate expiration date, or the 30 days following notice of a penalty fee for failing to
report all continuing education hours. The licensee must obtain the missing number of
continuing education hours by the next reporting due date.

(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for
conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty
fees. For conduct described in paragraph (a) or (b) occurring after August 1, 2005, and
exceeding six months, payment of a penalty fee does not preclude any disciplinary action
reasonably justified by the individual case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 86.

Minnesota Statutes 2016, section 148.5195, subdivision 3, is amended to read:


Subd. 3.

Grounds for disciplinary action by commissioner.

The commissioner may
take any of the disciplinary actions listed in subdivision 4 on proof that the individual has:

(1) intentionally submitted false or misleading information to the commissioner or the
advisory council;

(2) failed, within 30 days, to provide information in response to a written request by the
commissioner or advisory council;

(3) performed services of a speech-language pathologist deleted text beginordeleted text endnew text begin,new text end audiologistnew text begin, or
speech-language pathology assistant
new text end in an incompetent or negligent manner;

(4) violated sections 148.511 to 148.5198;

(5) failed to perform services with reasonable judgment, skill, or safety due to the use
of alcohol or drugs, or other physical or mental impairment;

(6) violated any state or federal law, rule, or regulation, and the violation is a felony or
misdemeanor, an essential element of which is dishonesty, or which relates directly or
indirectly to the practice of speech-language pathology deleted text beginordeleted text endnew text begin,new text end audiologynew text begin, or speech-language
pathology assisting
new text end. Conviction for violating any state or federal law which relates to
speech-language pathology deleted text beginordeleted text endnew text begin,new text end audiologynew text begin, or speech-language pathology assistingnew text end is
necessarily considered to constitute a violation, except as provided in chapter 364;

(7) aided or abetted another person in violating any provision of sections 148.511 to
148.5198;

(8) been or is being disciplined by another jurisdiction, if any of the grounds for the
discipline is the same or substantially equivalent to those under sections 148.511 to 148.5198;

(9) not cooperated with the commissioner or advisory council in an investigation
conducted according to subdivision 1;

(10) advertised in a manner that is false or misleading;

(11) engaged in conduct likely to deceive, defraud, or harm the public; or demonstrated
a willful or careless disregard for the health, welfare, or safety of a client;

(12) failed to disclose to the consumer any fee splitting or any promise to pay a portion
of a fee to any other professional other than a fee for services rendered by the other
professional to the client;

(13) engaged in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical
assistance laws;

(14) obtained money, property, or services from a consumer through the use of undue
influence, high pressure sales tactics, harassment, duress, deception, or fraud;

(15) performed services for a client who had no possibility of benefiting from the services;

(16) failed to refer a client for medical evaluation or to other health care professionals
when appropriate or when a client indicated symptoms associated with diseases that could
be medically or surgically treated;

(17) had the certification required by chapter 153A denied, suspended, or revoked
according to chapter 153A;

(18) used the term doctor of audiology, doctor of speech-language pathology, AuD, or
SLPD without having obtained the degree from an institution accredited by the North Central
Association of Colleges and Secondary Schools, the Council on Academic Accreditation
in Audiology and Speech-Language Pathology, the United States Department of Education,
or an equivalent;

(19) failed to comply with the requirements of section 148.5192 regarding supervision
of speech-language pathology assistants; or

(20) if the individual is an audiologist or certified hearing instrument dispenser:

(i) prescribed or otherwise recommended to a consumer or potential consumer the use
of a hearing instrument, unless the prescription from a physician or recommendation from
an audiologist or certified dispenser is in writing, is based on an audiogram that is delivered
to the consumer or potential consumer when the prescription or recommendation is made,
and bears the following information in all capital letters of 12-point or larger boldface type:
"THIS PRESCRIPTION OR RECOMMENDATION MAY BE FILLED BY, AND
HEARING INSTRUMENTS MAY BE PURCHASED FROM, THE LICENSED
AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";

(ii) failed to give a copy of the audiogram, upon which the prescription or
recommendation is based, to the consumer when the consumer requests a copy;

(iii) failed to provide the consumer rights brochure required by section 148.5197,
subdivision 3
;

(iv) failed to comply with restrictions on sales of hearing instruments in sections
148.5197, subdivision 3, and 148.5198;

(v) failed to return a consumer's hearing instrument used as a trade-in or for a discount
in the price of a new hearing instrument when requested by the consumer upon cancellation
of the purchase agreement;

(vi) failed to follow Food and Drug Administration or Federal Trade Commission
regulations relating to dispensing hearing instruments;

(vii) failed to dispense a hearing instrument in a competent manner or without appropriate
training;

(viii) delegated hearing instrument dispensing authority to a person not authorized to
dispense a hearing instrument under this chapter or chapter 153A;

(ix) failed to comply with the requirements of an employer or supervisor of a hearing
instrument dispenser trainee;

(x) violated a state or federal court order or judgment, including a conciliation court
judgment, relating to the activities of the individual's hearing instrument dispensing; or

(xi) failed to include on the audiogram the practitioner's printed name, credential type,
credential number, signature, and date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 87.

Minnesota Statutes 2017 Supplement, section 148.5196, subdivision 1, is amended
to read:


Subdivision 1.

Membership.

The commissioner shall appoint deleted text begin12deleted text endnew text begin 13new text end persons to a
Speech-Language Pathologist and Audiologist Advisory Council. The deleted text begin12deleted text endnew text begin 13new text end persons must
include:

(1) three public members, as defined in section 214.02. Two of the public members shall
be either persons receiving services of a speech-language pathologist or audiologist, or
family members of or caregivers to such persons, and at least one of the public members
shall be either a hearing instrument user or an advocate of one;

(2) three speech-language pathologists licensed under sections 148.511 to 148.5198,
one of whom is currently and has been, for the five years immediately preceding the
appointment, engaged in the practice of speech-language pathology in Minnesota and each
of whom is employed in a different employment setting including, but not limited to, private
practice, hospitals, rehabilitation settings, educational settings, and government agencies;

(3) one speech-language pathologist licensed under sections 148.511 to 148.5198, who
is currently and has been, for the five years immediately preceding the appointment,
employed by a Minnesota public school district or a Minnesota public school district
consortium that is authorized by Minnesota Statutes and who is licensed in speech-language
pathology by the Professional Educator Licensing and Standards Board;

(4) three audiologists licensed under sections 148.511 to 148.5198, two of whom are
currently and have been, for the five years immediately preceding the appointment, engaged
in the practice of audiology and the dispensing of hearing instruments in Minnesota and
each of whom is employed in a different employment setting including, but not limited to,
private practice, hospitals, rehabilitation settings, educational settings, industry, and
government agencies;

(5) one nonaudiologist hearing instrument dispenser recommended by a professional
association representing hearing instrument dispensers; deleted text beginand
deleted text end

(6) one physician licensed under chapter 147 and certified by the American Board of
Otolaryngology, Head and Neck Surgerynew text begin; and
new text end

new text begin (7) one speech-language pathology assistant licensed under section 148.5186new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 88.

Minnesota Statutes 2016, section 148.5196, subdivision 3, is amended to read:


Subd. 3.

Duties.

The advisory council shall:

(1) advise the commissioner regarding speech-language pathologist deleted text beginanddeleted text endnew text begin,new text end audiologistnew text begin,
and speech-language pathology assistant
new text end licensure standards;

(2) advise the commissioner regarding the delegation of duties to and the training required
for speech-language pathology assistants;

(3) advise the commissioner on enforcement of sections 148.511 to 148.5198;

(4) provide for distribution of information regarding speech-language pathologist deleted text beginanddeleted text endnew text begin,new text end
audiologistnew text begin, and speech-language pathology assistantnew text end licensure standards;

(5) review applications and make recommendations to the commissioner on granting or
denying licensure or licensure renewal;

(6) review reports of investigations relating to individuals and make recommendations
to the commissioner as to whether licensure should be denied or disciplinary action taken
against the individual;

(7) advise the commissioner regarding approval of continuing education activities
provided by sponsors using the criteria in section 148.5193, subdivision 2; and

(8) perform other duties authorized for advisory councils under chapter 214, or as directed
by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 89.

Minnesota Statutes 2016, section 148.995, subdivision 2, is amended to read:


Subd. 2.

Certified doula.

"Certified doula" means an individual who has received a
certification to perform doula services from the International Childbirth Education
Association, the Doulas of North America (DONA), the Association of Labor Assistants
and Childbirth Educators (ALACE), Birthworks, the Childbirth and Postpartum Professional
Association (CAPPA), Childbirth International, the International Center for Traditional
Childbearing, deleted text beginordeleted text end Commonsense Childbirth, Incnew text begin., or Welcome Baby Carenew text end.

Sec. 90.

Minnesota Statutes 2016, section 149A.40, subdivision 11, is amended to read:


Subd. 11.

Continuing education.

The commissioner shall require 15 continuing education
hours for renewal of a license to practice mortuary science. Nine of the hours must be in
the following areas: body preparation, care, deleted text beginordeleted text end handling, new text beginand cremation, new text end3 CE hours;
professional practices, 3 CE hours; and regulation and ethics, 3 CE hours. Continuing
education hours shall be reported to the commissioner every other year based on the licensee's
license number. Licensees whose license ends in an odd number must report CE hours at
renewal time every odd year. If a licensee's license ends in an even number, the licensee
must report the licensee's CE hours at renewal time every even year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to mortuary
science license renewals on or after that date.
new text end

Sec. 91.

Minnesota Statutes 2016, section 149A.95, subdivision 3, is amended to read:


Subd. 3.

Unlicensed personnel.

new text begin(a) new text endA licensed crematory may employ unlicensed
personnel, provided that all applicable provisions of this chapter are followed. It is the duty
of the licensed crematory to provide proper training deleted text beginfordeleted text endnew text begin tonew text end all unlicensed personnel and
new text begin ensure that unlicensed personnel performing cremations are in compliance with the
requirements in paragraph (b).
new text endThe licensed crematory shall be strictly accountable for
compliance with this chapter and other applicable state and federal regulations regarding
occupational and workplace health and safety.

new text begin (b) Unlicensed personnel performing cremations at a licensed crematory must:
new text end

new text begin (1) complete a certified crematory operator course that is approved by the commissioner
and that covers at least the following subjects:
new text end

new text begin (i) cremation and incinerator terminology;
new text end

new text begin (ii) combustion principles;
new text end

new text begin (iii) maintenance of and troubleshooting for cremation devices;
new text end

new text begin (iv) how to operate cremation devices;
new text end

new text begin (v) identification, the use of proper forms, and the record-keeping process for
documenting chain of custody of human remains;
new text end

new text begin (vi) guidelines for recycling, including but not limited to compliance, disclosure, recycling
procedures, and compensation;
new text end

new text begin (vii) legal and regulatory requirements regarding environmental issues, including specific
environmental regulations with which compliance is required; and
new text end

new text begin (viii) cremation ethics;
new text end

new text begin (2) obtain a crematory operator certification;
new text end

new text begin (3) publicly post the crematory operator certification at the licensed crematory where
the unlicensed personnel performs cremations; and
new text end

new text begin (4) maintain crematory operator certification through:
new text end

new text begin (i) recertification, if such recertification is required by the program through which the
unlicensed personnel is certified; or
new text end

new text begin (ii) if recertification is not required by the program, completion of at least seven hours
of continuing education credits in crematory operation every five years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to unlicensed
personnel performing cremations on or after that date.
new text end

Sec. 92. new text beginPHASE-IN OF LICENSURE OF PRESCRIBED PEDIATRIC EXTENDED
CARE CENTERS.
new text end

new text begin Subdivision 1. new text end

new text begin 2019-2020 licensure period. new text end

new text begin The commissioner of health shall phase in
the licensure of prescribed pediatric extended care centers (PPEC centers) under Minnesota
Statutes, chapter 144H, by issuing licenses for no more than two PPEC centers for the
licensure period January 1, 2019, through December 31, 2020. Beginning January 1, 2021,
the commissioner shall license additional PPEC centers if the commissioner determines
that the applicant and the center meet the licensing requirements of Minnesota Statutes,
chapter 144H.
new text end

new text begin Subd. 2. new text end

new text begin Quality measures; development and reporting. new text end

new text begin The commissioner of health,
in consultation with prescribed pediatric extended care centers licensed for the 2019-2020
licensure period, shall develop quality measures for PPEC centers, procedures for PPEC
centers to report quality measures to the commissioner, and methods for the commissioner
to make the results of the quality measures available to the public.
new text end

Sec. 93. new text beginOLDER ADULT SOCIAL ISOLATION WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; members. new text end

new text begin The commissioner of health or the
commissioner's designee shall convene an older adult social isolation working group that
consists of no more than 35 members including, but not limited to:
new text end

new text begin (1) one person diagnosed with Alzheimer's or dementia;
new text end

new text begin (2) one caregiver of a person diagnosed with Alzheimer's or dementia;
new text end

new text begin (3) the executive director of Giving Voice;
new text end

new text begin (4) one representative from the Mayo Clinic Alzheimer's Disease Research Center;
new text end

new text begin (5) one representative from AARP Minnesota;
new text end

new text begin (6) one representative from Little Brothers-Friends of the Elderly, Minneapolis/St. Paul;
new text end

new text begin (7) one representative from the Alzheimer's Association Minnesota-North Dakota Chapter;
new text end

new text begin (8) one representative from the American Heart Association Minnesota Chapter;
new text end

new text begin (9) one representative from the Minnesota HomeCare Association;
new text end

new text begin (10) two representatives from long-term care trade associations;
new text end

new text begin (11) one representative from the Minnesota Rural Health Association;
new text end

new text begin (12) the commissioner of health or the commissioner's designee;
new text end

new text begin (13) one representative from the Minnesota Board on Aging;
new text end

new text begin (14) one representative from the Commission of Deaf, Deafblind and Hard of Hearing
Minnesotans;
new text end

new text begin (15) one representative from the Minnesota Nurses Association;
new text end

new text begin (16) one representative from the Minnesota Council of Churches;
new text end

new text begin (17) one representative from the Minnesota Leadership Council on Aging;
new text end

new text begin (18) one representative from the Minnesota Association of Senior Services;
new text end

new text begin (19) one representative from Metro Meals on Wheels;
new text end

new text begin (20) one rural Minnesota geriatrician or family physician;
new text end

new text begin (21) at least two representatives from the University of Minnesota;
new text end

new text begin (22) one representative from one of the Minnesota Area Agencies on Aging;
new text end

new text begin (23) at least two members representing Minnesota rural communities;
new text end

new text begin (24) additional members representing communities of color;
new text end

new text begin (25) one representative from the National Alliance on Mental Illness; and
new text end

new text begin (26) one representative from the Citizens League.
new text end

new text begin Subd. 2. new text end

new text begin Duties; recommendations. new text end

new text begin The older adult social isolation working group
must assess the current and future impact of social isolation on the lives of Minnesotans
over age 55. The working group shall consider and make recommendations to the governor
and chairs and members of the health and human services committees in the house of
representatives and senate on the following issues:
new text end

new text begin (1) the public health impact of social isolation in the older adult population of Minnesota;
new text end

new text begin (2) identify existing Minnesota resources, services, and capacity to respond to the issue
of social isolation in older adults;
new text end

new text begin (3) needed policies or community responses, including but not limited to expanding
current services or developing future services after identifying gaps in service for rural
geographical areas;
new text end

new text begin (4) needed policies or community responses, including but not limited to the expansion
of culturally appropriate current services or developing future services after identifying
gaps in service for persons of color; and
new text end

new text begin (5) impact of social isolation on older adults with disabilities and needed policies or
community responses.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The working group must hold at least four public meetings beginning
August 10, 2018. To the extent possible, technology must be utilized to reach the greatest
number of interested persons throughout the state. The working group must complete the
required meeting schedule by December 10, 2018.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The commissioner of health must submit a report and the working
group's recommendations to the governor and chairs and members of the health and human
services committees in the house of representatives and senate no later than January 14,
2019.
new text end

new text begin Subd. 5. new text end

new text begin Sunset. new text end

new text begin The working group sunsets upon delivery of the required report to the
governor and legislative committees.
new text end

Sec. 94. new text beginRULEMAKING; WELL AND BORING RECORDS.
new text end

new text begin (a) The commissioner of health shall amend Minnesota Rules, part 4725.1851, subpart
1, to require the licensee, registrant, or property owner or lessee to submit the record of well
or boring construction or sealing within 60 days after completion of the work, rather than
within 30 days after completion of the work.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 95. new text beginRULEMAKING; SECURITY SCREENING SYSTEMS.
new text end

new text begin The commissioner of health may adopt permanent rules to implement Minnesota Statutes,
section 144.121, subdivision 9, by December 31, 2020. If the commissioner of health does
not adopt rules by December 31, 2020, rulemaking authority under this section is repealed.
Rulemaking authority under this section is not continuing authority to amend or repeal the
rule. Any additional action on rules once adopted must be pursuant to specific statutory
authority to take the additional action.
new text end

Sec. 96. new text beginADVISORY COUNCIL ON PANDAS AND PANS; INITIAL
APPOINTMENTS AND FIRST MEETING.
new text end

new text begin The appointing authorities shall appoint the first members of the advisory council on
PANDAS and PANS under Minnesota Statutes, section 144.131, no later than October 1,
2018. The commissioner of health shall convene the first meeting by November 1, 2018,
and the commissioner or the commissioner's designee shall act as chair until the advisory
council elects a chair at its first meeting. Notwithstanding the length of terms specified in
Minnesota Statutes, section 144.131, subdivision 3, at the first meeting of the advisory
council, the chair elected by the members shall determine by lot one-third of the advisory
council members whose terms shall expire on September 30 of the calendar year following
the year of first appointment, one-third of the advisory council members whose terms shall
expire on September 30 of the second calendar year following the year of first appointment,
and the remaining advisory council members whose terms shall expire on September 30 of
the third calendar year following the year of first appointment.
new text end

Sec. 97. new text beginVARIANCE TO REQUIREMENT FOR SANITARY DUMPING STATION.
new text end

new text begin Notwithstanding any law or rule to the contrary, the commissioner of health shall provide
a variance to the requirement to provide a sanitary dumping station under Minnesota Rules,
part 4630.0900, for a resort in Hubbard County that is located on an island and is landlocked,
making it impractical to build a sanitary dumping station for use by recreational camping
vehicles and recreational camping on the resort property. There must be an alternative
dumping station available within a 15-mile radius of the resort or a vendor that is available
to pump any self-contained liquid waste system that is located on the resort property.
new text end

Sec. 98. new text beginTRANSITION; HEALTH MAINTENANCE ORGANIZATIONS.
new text end

new text begin (a) Beginning January 1, 2019, the commissioner of health shall only issue new
certificates of authority for health maintenance organizations that are nonprofit corporations
organized under Minnesota Statutes, chapter 317A, or local governmental units. A certificate
of authority for a health maintenance organization that: (1) is not a nonprofit corporation
organized under Minnesota Statutes, chapter 317A, or a local governmental unit; and (2) is
issued before January 1, 2019, shall expire 30 days after the last date on which health
maintenance contracts issued by that health maintenance organization expire.
new text end

new text begin (b) A health maintenance organization that is not a nonprofit corporation organized
under Minnesota Statutes, chapter 317A, or a local governmental unit shall not offer, sell,
issue, or renew health maintenance contracts after September 30, 2018.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective contingent upon certification by the
legislative auditor under section 99, that the criteria in clause (2) of that section are satisfied,
but no earlier than July 1, 2018.
new text end

Sec. 99. new text beginANALYSIS AND CERTIFICATION BY THE LEGISLATIVE AUDITOR.
new text end

new text begin The legislative auditor shall analyze how enactment of Minnesota Statutes, section
62D.12, subdivision 8a, and of the amendments in this article to Minnesota Statutes, sections
62D.02, subdivision 4; 62D.03, subdivision 1; 62D.05, subdivision 1; 62D.06, subdivision
1; 62D.19; and 62E.02, subdivision 3, would affect competition and the number of health
plan options available in the state in the individual, small group, and Medicare markets.
Upon completion of this analysis, the legislative auditor shall certify that either:
new text end

new text begin (1) these amendments would result in reduced competition or fewer health plan options
available in the state in the individual, small group, or Medicare market; or
new text end

new text begin (2) these amendments would not result in reduced competition or fewer health plan
options available in the state in the individual, small group, and Medicare markets.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 100. new text beginREVISOR'S INSTRUCTIONS.
new text end

new text begin (a) The revisor of statutes shall change the terms "service plan or service agreement"
and "service agreement or service plan" to "service agreement" in the following sections of
Minnesota Statutes: sections 144A.442; 144D.045; 144G.03, subdivision 4, paragraph (c);
and 144G.04.
new text end

new text begin (b) The revisor of statutes shall change the term "service plan" to "service agreement"
and the term "service plans" to "service agreements" in the following sections of Minnesota
Statutes: sections 144A.44; 144A.45; 144A.475; 144A.4791; 144A.4792; 144A.4793;
144A.4794; 144D.04; and 144G.03, subdivision 4, paragraph (a).
new text end

Sec. 101. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2016, sections 144A.45, subdivision 6; and 144A.481, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2017 Supplement, section 146B.02, subdivision 7a, new text end new text begin is repealed.
new text end


ARTICLE 2

HEALTH CARE

Section 1.

Minnesota Statutes 2017 Supplement, section 13.69, subdivision 1, is amended
to read:


Subdivision 1.

Classifications.

(a) The following government data of the Department
of Public Safety are private data:

(1) medical data on driving instructors, licensed drivers, and applicants for parking
certificates and special license plates issued to physically disabled persons;

(2) other data on holders of a disability certificate under section 169.345, except that (i)
data that are not medical data may be released to law enforcement agencies, and (ii) data
necessary for enforcement of sections 169.345 and 169.346 may be released to parking
enforcement employees or parking enforcement agents of statutory or home rule charter
cities and towns;

(3) Social Security numbers in driver's license and motor vehicle registration records,
except that Social Security numbers must be provided to the Department of Revenue for
purposes of tax administration, the Department of Labor and Industry for purposes of
workers' compensation administration and enforcement, the judicial branch for purposes of
debt collection, and the Department of Natural Resources for purposes of license application
administrationnew text begin, and except that the last four digits of the Social Security number must be
provided to the Department of Human Services for purposes of recovery of Minnesota health
care program benefits paid
new text end; and

(4) data on persons listed as standby or temporary custodians under section 171.07,
subdivision 11
, except that the data must be released to:

(i) law enforcement agencies for the purpose of verifying that an individual is a designated
caregiver; or

(ii) law enforcement agencies who state that the license holder is unable to communicate
at that time and that the information is necessary for notifying the designated caregiver of
the need to care for a child of the license holder.

The department may release the Social Security number only as provided in clause (3)
and must not sell or otherwise provide individual Social Security numbers or lists of Social
Security numbers for any other purpose.

(b) The following government data of the Department of Public Safety are confidential
data: data concerning an individual's driving ability when that data is received from a member
of the individual's family.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 2.

Minnesota Statutes 2016, section 62A.30, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Mammograms. new text end

new text begin (a) For purposes of subdivision 2, coverage for a preventive
mammogram screening shall include digital breast tomosynthesis for enrollees at risk for
breast cancer, and shall be covered as a preventive item or service, as described under section
62Q.46.
new text end

new text begin (b) For purposes of this subdivision, "digital breast tomosynthesis" means a radiologic
procedure that involves the acquisition of projection images over the stationary breast to
produce cross-sectional digital three-dimensional images of the breast. "At risk for breast
cancer" means:
new text end

new text begin (1) having a family history with one or more first or second degree relatives with breast
cancer;
new text end

new text begin (2) testing positive for BRCA1 or BRCA2 mutations;
new text end

new text begin (3) having heterogeneously dense breasts or extremely dense breasts based on the Breast
Imaging Reporting and Data System established by the American College of Radiology; or
new text end

new text begin (4) having a previous diagnosis of breast cancer.
new text end

new text begin (c) This subdivision does not apply to coverage provided through a public health care
program under chapter 256B or 256L.
new text end

new text begin (d) Nothing in this subdivision limits the coverage of digital breast tomosynthesis in a
policy, plan, certificate, or contract referred to in subdivision 1 that is in effect prior to
January 1, 2019.
new text end

new text begin (e) Nothing in this subdivision prohibits a policy, plan, certificate, or contract referred
to in subdivision 1 from covering digital breast tomosynthesis for an enrollee who is not at
risk for breast cancer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to health
plans issued, sold, or renewed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 62A.65, subdivision 7, is amended to read:


Subd. 7.

Short-term coverage.

(a) For purposes of this section, "short-term coverage"
means an individual health plan that:

(1) is issued to provide coverage for a period of deleted text begin185 days ordeleted text end lessdeleted text begin, except that the health
plan may permit coverage to continue until the end of a period of hospitalization for a
condition for which the covered person was hospitalized on the day that coverage would
otherwise have ended
deleted text endnew text begin than 12 monthsnew text end;

(2) deleted text beginis nonrenewable, provided that the health carrier may provide coverage for one or
more subsequent periods that satisfy clause (1), if the total of the periods of coverage do
not exceed a total of 365 days out of any 555-day period, plus any additional days covered
as a result of hospitalization on the day that a period of coverage would otherwise have
ended
deleted text endnew text begin may be renewed for only one additional period meeting the requirements of clause
(1)
new text end;new text begin and
new text end

(3) does not cover any preexisting conditionsnew text begin for the first six months of coveragenew text end,
including ones that originated during a previous identical policy or contract with the same
health carrier where coverage was continuous between the previous and the current policy
or contractdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (4) is available with an immediate effective date without underwriting upon receipt of
a completed application indicating eligibility under the health carrier's eligibility
requirements, provided that coverage that includes optional benefits may be offered on a
basis that does not meet this requirement.
deleted text end

(b) Short-term coverage is not subject to subdivisions 2 and 5. Short-term coverage may
exclude as a preexisting condition any injury, illness, or condition for which the covered
person had medical treatment, symptoms, or any manifestations before the effective date
of the coverage, but dependent children born or placed for adoption during the policy period
must not be subject to this provision.

deleted text begin (c) Notwithstanding subdivision 3, and section 62A.021, a health carrier may combine
short-term coverage with its most commonly sold individual qualified plan, as defined in
section 62E.02, other than short-term coverage, for purposes of complying with the loss
ratio requirement.
deleted text end

deleted text begin (d) The 365-day coverage limitation provided in paragraph (a) applies to the total number
of days of short-term coverage that covers a person, regardless of the number of policies,
contracts, or health carriers that provide the coverage. A written application for short-term
coverage must ask the applicant whether the applicant has been covered by short-term
coverage by any health carrier within the 555 days immediately preceding the effective date
of the coverage being applied for. Short-term coverage issued in violation of the 365-day
limitation is valid until the end of its term and does not lose its status as short-term coverage,
in spite of the violation. A health carrier that knowingly issues short-term coverage in
violation of the 365-day limitation is subject to the administrative penalties otherwise
available to the commissioner of commerce or the commissioner of health, as appropriate.
deleted text end

Sec. 4.

Minnesota Statutes 2016, section 62Q.55, subdivision 5, is amended to read:


Subd. 5.

Coverage restrictions or limitations.

new text begin(a) new text endIf 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-network.

new text begin (b) If emergency services are provided by a nonparticipating provider:
new text end

new text begin (1) the nonparticipating provider shall not request payment from the enrollee in addition
to the applicable cost-sharing requirements authorized under paragraph (a); and
new text end

new text begin (2) the enrollee shall be held harmless and not liable for payment to the nonparticipating
provider that are in addition to the applicable cost-sharing requirements under paragraph
(a).
new text end

new text begin (c) A health plan company must attempt to negotiate the reimbursement, less any
applicable cost sharing requirements under paragraph (a), for the emergency services from
the nonparticipating provider. If a health plan company's and nonparticipating provider's
attempts to negotiate reimbursement for the emergency services do not result in a resolution,
the health plan company or provider may elect to refer the matter for binding arbitration.
The arbitrator must be chosen from the list created under section 62Q.556, subdivision 2,
paragraph (c). The arbitrator must consider the information described in section 62Q.556,
subdivision 2, paragraph (d), when reaching a decision. A nondisclosure agreement must
be executed by both parties prior to engaging an arbitrator in accordance with this
subdivision. The cost of arbitration must be shared equally between the parties.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to emergency
services provided on or after that date.
new text end

Sec. 5.

new text begin [256.0113] ELIGIBILITY VERIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Verification required; vendor contract. new text end

new text begin (a) The commissioner shall
ensure that medical assistance, MinnesotaCare, and Supplemental Nutrition Assistance
Program (SNAP) eligibility determinations through the MNsure information technology
system and through other agency eligibility determination systems include the computerized
verification of income, residency, identity, and when applicable, assets and compliance with
SNAP work requirements.
new text end

new text begin (b) The commissioner shall contract with a vendor to verify the eligibility of all persons
enrolled in medical assistance, MinnesotaCare, and SNAP during a specified audit period.
This contract shall be exempt from sections 16C.08, subdivision 2, clause (1); 16C.09,
paragraph (a), clause (1); 43A.047, paragraph (a), and any other law to the contrary.
new text end

new text begin (c) The contract must require the vendor to comply with enrollee data privacy
requirements and to use encryption to safeguard enrollee identity. The contract must also
provide penalties for vendor noncompliance.
new text end

new text begin (d) The contract must include a revenue sharing agreement, under which vendor
compensation is limited to a portion of any savings to the state resulting from the vendor's
implementation of eligibility verification initiatives under this section.
new text end

new text begin (e) The commissioner shall use existing resources to fund any agency administrative
and technology-related costs incurred as a result of implementing this section.
new text end

new text begin (f) All state savings resulting from implementation of the vendor contract under this
section, minus any payments to the vendor made under the terms of the revenue sharing
agreement, shall be deposited into the health care access fund.
new text end

new text begin Subd. 2. new text end

new text begin Verification process; vendor duties. new text end

new text begin (a) The verification process implemented
by the vendor must include but is not limited to data matches of the name, date of birth,
address, and Social Security number of each medical assistance, MinnesotaCare, and SNAP
enrollee against relevant information in federal and state data sources, including the federal
data hub established under the Affordable Care Act. In designing the verification process,
the vendor, to the extent feasible, shall incorporate procedures that are compatible and
coordinated with, and build upon or improve, existing procedures used by the MNsure
information technology system and other agency eligibility determination systems.
new text end

new text begin (b) The vendor, upon preliminary determination that an enrollee is eligible or ineligible,
shall notify the commissioner. Within 20 business days of notification, the commissioner
shall accept the preliminary determination or reject the preliminary determination with a
stated reason. The commissioner shall retain final authority over eligibility determinations.
The vendor shall keep a record of all preliminary determinations of ineligibility submitted
to the commissioner.
new text end

new text begin (c) The vendor shall recommend to the commissioner an eligibility verification process
that allows ongoing verification of enrollee eligibility under the MNsure information
technology system and other agency eligibility determination systems.
new text end

new text begin (d) The commissioner and the vendor, following the conclusion of the initial contract
period, shall jointly submit an eligibility verification audit report to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance. The report shall include but is not limited to information in the
form of unidentified summary data on preliminary determinations of eligibility or ineligibility
communicated by the vendor, the actions taken on those preliminary determinations by the
commissioner, and the commissioner's reasons for rejecting preliminary determinations by
the vendor. The report must also include the recommendations for ongoing verification of
enrollee eligibility required under paragraph (c).
new text end

new text begin (e) An eligibility verification vendor contract shall be awarded for an initial one-year
period, beginning January 1, 2019. The commissioner shall renew the contract for up to
three additional one-year periods and require additional eligibility verification audits, if the
commissioner or the legislative auditor determines that the MNsure information technology
system and other agency eligibility determination systems cannot effectively verify the
eligibility of medical assistance, MinnesotaCare, and SNAP enrollees.
new text end

Sec. 6.

Minnesota Statutes 2016, section 256.014, subdivision 2, is amended to read:


Subd. 2.

State systems account created.

new text begin(a) new text endA state systems account is created in the
state treasury. Money collected by the commissioner of human services for the programs
in subdivision 1 must be deposited in the account. Money in the state systems account and
federal matching money is appropriated to the commissioner of human services for purposes
of this section.new text begin Any unexpended balance in the appropriations for information systems
projects for MAXIS, PRISM, MMIS, ISDS, METS, or SSIS does not cancel and is available
for ongoing development and operations, subject to review by the Legislative Advisory
Commission under paragraphs (b) and (c).
new text end

new text begin (b) No unexpended balance under paragraph (a) may be expended by the commissioner
of human services until the commissioner of management and budget has submitted the
proposed expenditure to the members of the Legislative Advisory Commission for review
and recommendation. If the commission makes a positive recommendation or no
recommendation, or if the commission has not reviewed the request within 20 days after
the date the proposed expenditure was submitted, the commissioner of management and
budget may approve the proposed expenditure. If the commission recommends further
review of the proposed expenditure, the commissioner shall provide additional information
to the commission. If the commission makes a negative recommendation on the proposed
expenditure within ten days of receiving further information, the commissioner shall not
approve the proposed expenditure. If the commission makes a positive recommendation or
no recommendation within ten days of receiving further information, the commissioner may
approve the proposed expenditure.
new text end

new text begin (c) A recommendation of the commission must be made at a meeting of the commission
unless a written recommendation is signed by all members entitled to vote on the item as
specified in section 3.30, subdivision 2. A recommendation of the commission must be
made by a majority of the commission.
new text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 3b, is
amended to read:


Subd. 3b.

Telemedicine services.

(a) Medical assistance covers medically necessary
services and consultations delivered by a licensed health care provider via telemedicine in
the same manner as if the service or consultation was delivered in person. Coverage is
limited to three telemedicine services per enrollee per calendar weeknew text begin, except as provided
in paragraph (f)
new text end. Telemedicine services shall be paid at the full allowable rate.

(b) The commissioner shall establish criteria that a health care provider must attest to
in order to demonstrate the safety or efficacy of delivering a particular service via
telemedicine. The attestation may include that the health care provider:

(1) has identified the categories or types of services the health care provider will provide
via telemedicine;

(2) has written policies and procedures specific to telemedicine services that are regularly
reviewed and updated;

(3) has policies and procedures that adequately address patient safety before, during,
and after the telemedicine service is rendered;

(4) has established protocols addressing how and when to discontinue telemedicine
services; and

(5) has an established quality assurance process related to telemedicine services.

(c) As a condition of payment, a licensed health care provider must document each
occurrence of a health service provided by telemedicine to a medical assistance enrollee.
Health care service records for services provided by telemedicine must meet the requirements
set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must document:

(1) the type of service provided by telemedicine;

(2) the time the service began and the time the service ended, including an a.m. and p.m.
designation;

(3) the licensed health care provider's basis for determining that telemedicine is an
appropriate and effective means for delivering the service to the enrollee;

(4) the mode of transmission of the telemedicine service and records evidencing that a
particular mode of transmission was utilized;

(5) the location of the originating site and the distant site;

(6) if the claim for payment is based on a physician's telemedicine consultation with
another physician, the written opinion from the consulting physician providing the
telemedicine consultation; and

(7) compliance with the criteria attested to by the health care provider in accordance
with paragraph (b).

(d) For purposes of this subdivision, unless otherwise covered under this chapter,
"telemedicine" is defined as the delivery of health care services or consultations while the
patient is at an originating site and the licensed health care provider is at a distant site. A
communication between licensed health care providers, or a licensed health care provider
and a patient that consists solely of a telephone conversation, e-mail, or facsimile transmission
does not constitute telemedicine consultations or services. Telemedicine may be provided
by means of real-time two-way, interactive audio and visual communications, including the
application of secure video conferencing or store-and-forward technology to provide or
support health care delivery, which facilitate the assessment, diagnosis, consultation,
treatment, education, and care management of a patient's health care.

(e) For purposes of this section, "licensed health care provider" means a licensed health
care provider under section 62A.671, subdivision 6, new text begina community paramedic as defined
under section 144E.001, subdivision 5f,
new text end and a mental health practitioner defined under
section 245.462, subdivision 17, or 245.4871, subdivision 26, working under the general
supervision of a mental health professional; "health care provider" is defined under section
62A.671, subdivision 3; and "originating site" is defined under section 62A.671, subdivision
7
.

new text begin (f) The limit on coverage of three telemedicine services per enrollee per calendar week
does not apply if:
new text end

new text begin (1) the telemedicine services provided by the licensed health care provider are for the
treatment and control of tuberculosis; and
new text end

new text begin (2) the services are provided in a manner consistent with the recommendations and best
practices specified by the Centers for Disease Control and Prevention and the commissioner
of health.
new text end

Sec. 8.

Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 17d. new text end

new text begin Transportation services oversight. new text end

new text begin The commissioner shall contract with
a vendor or dedicate staff for oversight of providers of nonemergency medical transportation
services pursuant to the commissioner's authority in section 256B.04 and Minnesota Rules,
parts 9505.2160 to 9505.2245.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 9.

Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 17e. new text end

new text begin Transportation provider termination. new text end

new text begin (a) A terminated nonemergency
medical transportation provider, including all named individuals on the current enrollment
disclosure form and known or discovered affiliates of the nonemergency medical
transportation provider, is not eligible to enroll as a nonemergency medical transportation
provider for five years following the termination.
new text end

new text begin (b) After the five-year period in paragraph (a), if a provider seeks to reenroll as a
nonemergency medical transportation provider, the nonemergency medical transportation
provider must be placed on a one-year probation period. During a provider's probation
period the commissioner shall complete unannounced site visits and request documentation
to review compliance with program requirements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2016, section 256B.0625, subdivision 18d, is amended to
read:


Subd. 18d.

Advisory committee members.

(a) The Nonemergency Medical
Transportation Advisory Committee consists of:

(1) four voting members who represent counties, utilizing the rural urban commuting
area classification system. As defined in subdivision 17, these members shall be designated
as follows:

(i) two counties within the 11-county metropolitan area;

(ii) one county representing the rural area of the state; and

(iii) one county representing the super rural area of the state.

The Association of Minnesota Counties shall appoint one county within the 11-county
metropolitan area and one county representing the super rural area of the state. The Minnesota
Inter-County Association shall appoint one county within the 11-county metropolitan area
and one county representing the rural area of the state;

(2) three voting members who represent medical assistance recipients, including persons
with physical and developmental disabilities, persons with mental illness, seniors, children,
and low-income individuals;

(3) deleted text beginfourdeleted text endnew text begin fivenew text end voting members who represent providers that deliver nonemergency medical
transportation services to medical assistance enrolleesnew text begin, one of whom is a taxicab owner or
operator
new text end;

(4) two voting members of the house of representatives, one from the majority party and
one from the minority party, appointed by the speaker of the house, and two voting members
from the senate, one from the majority party and one from the minority party, appointed by
the Subcommittee on Committees of the Committee on Rules and Administration;

(5) one voting member who represents demonstration providers as defined in section
256B.69, subdivision 2;

(6) one voting member who represents an organization that contracts with state or local
governments to coordinate transportation services for medical assistance enrollees;

(7) one voting member who represents the Minnesota State Council on Disability;

(8) the commissioner of transportation or the commissioner's designee, who shall serve
as a voting member;

(9) one voting member appointed by the Minnesota Ambulance Association; and

(10) one voting member appointed by the Minnesota Hospital Association.

(b) Members of the advisory committee shall not be employed by the Department of
Human Services. Members of the advisory committee shall receive no compensation.

Sec. 11.

Minnesota Statutes 2016, section 256B.0625, subdivision 30, is amended to read:


Subd. 30.

Other clinic services.

(a) Medical assistance covers rural health clinic services,
federally qualified health center services, nonprofit community health clinic services, and
public health clinic services. Rural health clinic services and federally qualified health center
services mean services defined in United States Code, title 42, section 1396d(a)(2)(B) and
(C). Payment for rural health clinic and federally qualified health center services shall be
made according to applicable federal law and regulation.

(b) A federally qualified health center that is beginning initial operation shall submit an
estimate of budgeted costs and visits for the initial reporting period in the form and detail
required by the commissioner. A federally qualified health center that is already in operation
shall submit an initial report using actual costs and visits for the initial reporting period.
Within 90 days of the end of its reporting period, a federally qualified health center shall
submit, in the form and detail required by the commissioner, a report of its operations,
including allowable costs actually incurred for the period and the actual number of visits
for services furnished during the period, and other information required by the commissioner.
Federally qualified health centers that file Medicare cost reports shall provide the
commissioner with a copy of the most recent Medicare cost report filed with the Medicare
program intermediary for the reporting year which support the costs claimed on their cost
report to the state.

(c) In order to continue cost-based payment under the medical assistance program
according to paragraphs (a) and (b), a federally qualified health center or rural health clinic
must apply for designation as an essential community provider within six months of final
adoption of rules by the Department of Health according to section 62Q.19, subdivision 7.
For those federally qualified health centers and rural health clinics that have applied for
essential community provider status within the six-month time prescribed, medical assistance
payments will continue to be made according to paragraphs (a) and (b) for the first three
years after application. For federally qualified health centers and rural health clinics that
either do not apply within the time specified above or who have had essential community
provider status for three years, medical assistance payments for health services provided
by these entities shall be according to the same rates and conditions applicable to the same
service provided by health care providers that are not federally qualified health centers or
rural health clinics.

(d) Effective July 1, 1999, the provisions of paragraph (c) requiring a federally qualified
health center or a rural health clinic to make application for an essential community provider
designation in order to have cost-based payments made according to paragraphs (a) and (b)
no longer apply.

(e) Effective January 1, 2000, payments made according to paragraphs (a) and (b) shall
be limited to the cost phase-out schedule of the Balanced Budget Act of 1997.

(f) Effective January 1, 2001, each federally qualified health center and rural health
clinic may elect to be paid either under the prospective payment system established in United
States Code, title 42, section 1396a(aa), or under an alternative payment methodology
consistent with the requirements of United States Code, title 42, section 1396a(aa), and
approved by the Centers for Medicare and Medicaid Services. The alternative payment
methodology shall be 100 percent of cost as determined according to Medicare cost
principles.

(g) For purposes of this section, "nonprofit community clinic" is a clinic that:

(1) has nonprofit status as specified in chapter 317A;

(2) has tax exempt status as provided in Internal Revenue Code, section 501(c)(3);

(3) is established to provide health services to low-income population groups, uninsured,
high-risk and special needs populations, underserved and other special needs populations;

(4) employs professional staff at least one-half of which are familiar with the cultural
background of their clients;

(5) charges for services on a sliding fee scale designed to provide assistance to
low-income clients based on current poverty income guidelines and family size; and

(6) does not restrict access or services because of a client's financial limitations or public
assistance status and provides no-cost care as needed.

deleted text begin (h) Effective for services provided on or after January 1, 2015, all claims for payment
of clinic services provided by federally qualified health centers and rural health clinics shall
be paid by the commissioner. the commissioner shall determine the most feasible method
for paying claims from the following options:
deleted text end

deleted text begin (1) federally qualified health centers and rural health clinics submit claims directly to
the commissioner for payment, and the commissioner provides claims information for
recipients enrolled in a managed care or county-based purchasing plan to the plan, on a
regular basis; or
deleted text end

deleted text begin (2) federally qualified health centers and rural health clinics submit claims for recipients
enrolled in a managed care or county-based purchasing plan to the plan, and those claims
are submitted by the plan to the commissioner for payment to the clinic.
deleted text end

new text begin (h) Federally qualified health centers and rural health clinics shall submit claims directly
to the commissioner for payment, and the commissioner shall provide claims information
for recipients enrolled in a managed care plan or county-based purchasing plan to the plan
on a regular basis as determined by the commissioner.
new text end

(i) For clinic services provided prior to January 1, 2015, the commissioner shall calculate
and pay monthly the proposed managed care supplemental payments to clinics, and clinics
shall conduct a timely review of the payment calculation data in order to finalize all
supplemental payments in accordance with federal law. Any issues arising from a clinic's
review must be reported to the commissioner by January 1, 2017. Upon final agreement
between the commissioner and a clinic on issues identified under this subdivision, and in
accordance with United States Code, title 42, section 1396a(bb), no supplemental payments
for managed care plan or county-based purchasing plan claims for services provided prior
to January 1, 2015, shall be made after June 30, 2017. If the commissioner and clinics are
unable to resolve issues under this subdivision, the parties shall submit the dispute to the
arbitration process under section 14.57.

(j) The commissioner shall seek a federal waiver, authorized under section 1115 of the
Social Security Act, to obtain federal financial participation at the 100 percent federal
matching percentage available to facilities of the Indian Health Service or tribal organization
in accordance with section 1905(b) of the Social Security Act for expenditures made to
organizations dually certified under Title V of the Indian Health Care Improvement Act,
Public Law 94-437, and as a federally qualified health center under paragraph (a) that
provides services to American Indian and Alaskan Native individuals eligible for services
under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to services
provided on or after that date.
new text end

Sec. 12.

new text begin [256B.0759] DIRECT CONTRACTING PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall establish a direct contracting
pilot program to test alternative and innovative methods of delivering care through
community-based collaborative care networks to medical assistance and MinnesotaCare
enrollees. The pilot program shall be designed to coordinate care delivery to enrollees who
demonstrate a combination of medical, economic, behavioral health, cultural, and geographic
risk factors, including persons determined to be at risk of substance abuse and opioid
addiction. The commissioner shall issue a request for proposals to select care networks to
deliver care through the pilot program for a three-year period beginning January 1, 2020.
new text end

new text begin Subd. 2. new text end

new text begin Eligible individuals. new text end

new text begin (a) The pilot program shall serve individuals who:
new text end

new text begin (1) are eligible for medical assistance under section 256B.055 or MinnesotaCare under
chapter 256L;
new text end

new text begin (2) reside in the service area of the care network;
new text end

new text begin (3) have a combination of multiple risk factors identified by the care network and
approved by the commissioner;
new text end

new text begin (4) have elected to participate in the pilot project as an alternative to receiving services
under fee-for-service or through a managed care or county-based purchasing plan or
integrated health partnership; and
new text end

new text begin (5) agree to participate in risk mitigation strategies as provided in subdivision 4, clause
(4), if the individual is determined to be at risk of opioid addiction or substance abuse.
new text end

new text begin (b) The commissioner may identify individuals who are potentially eligible to be enrolled
with a care network based on zip code or other geographic designation, utilization history,
or other factors indicating whether an individual resides in the service area of a care network.
The commissioner shall coordinate pilot program enrollment with the enrollment and
procurement process for managed care and county-based purchasing plans and integrated
health partnerships.
new text end

new text begin Subd. 3. new text end

new text begin Selection of care networks. new text end

new text begin Participation in the pilot program is limited to no
more than six care networks. The commissioner shall ensure that the care networks selected
serve different geographic areas of the state. The commissioner shall consider the following
criteria when selecting care networks to participate in the program:
new text end

new text begin (1) the ability of the care network to provide or arrange for the full range of health care
services required to be provided under section 256B.69, including but not limited to primary
care, inpatient hospital care, specialty care, behavioral health services, and chemical
dependency and substance abuse treatment services;
new text end

new text begin (2) at least 25,000 individuals reside in the service area of the care network;
new text end

new text begin (3) the care network serves a high percentage of patients who are enrolled in Minnesota
health care programs or are uninsured compared to the overall Minnesota population; and
new text end

new text begin (4) the care network can demonstrate the capacity to improve health outcomes and reduce
total cost of care for the population in its service area through better patient engagement,
coordination of care, and the provision of specialized services to address risk factors related
to opioid addiction and substance abuse, and address nonclinical risk factors and barriers
to access.
new text end

new text begin Subd. 4. new text end

new text begin Requirements for participating care networks. new text end

new text begin (a) A care network selected
to participate in the pilot program must:
new text end

new text begin (1) accept a capitation rate for enrollees equal to the capitation rate that would otherwise
apply to the enrollees under section 256B.69;
new text end

new text begin (2) comply with all requirements in section 256B.69 related to performance targets,
capitation rate withholds, and administrative expenses;
new text end

new text begin (3) maintain adequate reserves and demonstrate the ability to bear risk, based upon
criteria established by the commissioner under the request for proposals, or demonstrate to
the commissioner that this requirement has been met through a contract with a health plan
company, third-party administrator, stop-loss insurer, or other entity; and
new text end

new text begin (4) assess all enrollees for risk factors related to opioid addiction and substance abuse
and, based upon the professional judgment of the health care provider, require enrollees
determined to be at risk to enter into a patient provider agreement, submit to urine drug
screening, and participate in other risk mitigation strategies; and
new text end

new text begin (5) participate in quality of care and financial reporting initiatives, in the form and manner
specified by the commissioner.
new text end

new text begin (b) An existing integrated health partnership that meets the criteria in this section is
eligible to participate in the pilot program while continuing as an integrated health
partnership.
new text end

new text begin Subd. 5. new text end

new text begin Requirements for the commissioner. new text end

new text begin (a) The commissioner shall provide all
participating care networks with enrollee utilization and cost information similar to that
provided by the commissioner to integrated health partnerships.
new text end

new text begin (b) The commissioner, in consultation with the commissioner of health and care networks,
shall design and administer the pilot program in a manner that allows the testing of new
care coordination models and quality-of-care measures to determine the extent to which the
care delivered by the pilot program, relative to the care delivered under fee-for-service and
by managed care and county-based purchasing plans and integrated health partnerships:
new text end

new text begin (1) improves outcomes and reduces the total cost of care for the population served; and
new text end

new text begin (2) reduces administrative burdens and costs for health care providers and state agencies.
new text end

new text begin (c) The commissioner, based on the analysis under paragraph (b), shall evaluate the pilot
program and present recommendations as to whether the pilot program should be continued
or expanded to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services policy and finance by February 15, 2022.
new text end

Sec. 13.

Minnesota Statutes 2016, section 256B.69, subdivision 5a, is amended to read:


Subd. 5a.

Managed care contracts.

(a) Managed care contracts under this section and
section 256L.12 shall be entered into or renewed on a calendar year basis. The commissioner
may issue separate contracts with requirements specific to services to medical assistance
recipients age 65 and older.

(b) A prepaid health plan providing covered health services for eligible persons pursuant
to chapters 256B and 256L is responsible for complying with the terms of its contract with
the commissioner. Requirements applicable to managed care programs under chapters 256B
and 256L established after the effective date of a contract with the commissioner take effect
when the contract is next issued or renewed.

(c) The commissioner shall withhold five percent of managed care plan payments under
this section and county-based purchasing plan payments under section 256B.692 for the
prepaid medical assistance program pending completion of performance targets. Each
performance target must be quantifiable, objective, measurable, and reasonably attainable,
except in the case of a performance target based on a federal or state law or rule. Criteria
for assessment of each performance target must be outlined in writing prior to the contract
effective date. Clinical or utilization performance targets and their related criteria must
consider evidence-based research and reasonable interventions when available or applicable
to the populations served, and must be developed with input from external clinical experts
and stakeholders, including managed care plans, county-based purchasing plans, and
providers. The managed care or county-based purchasing plan must demonstrate, to the
commissioner's satisfaction, that the data submitted regarding attainment of the performance
target is accurate. The commissioner shall periodically change the administrative measures
used as performance targets in order to improve plan performance across a broader range
of administrative services. The performance targets must include measurement of plan
efforts to contain spending on health care services and administrative activities. The
commissioner may adopt plan-specific performance targets that take into account factors
affecting only one plan, including characteristics of the plan's enrollee population. The
withheld funds must be returned no sooner than July of the following year if performance
targets in the contract are achieved. The commissioner may exclude special demonstration
projects under subdivision 23.

(d) The commissioner shall require that managed care plans use the assessment and
authorization processes, forms, timelines, standards, documentation, and data reporting
requirements, protocols, billing processes, and policies consistent with medical assistance
fee-for-service or the Department of Human Services contract requirements consistent with
medical assistance fee-for-service or the Department of Human Services contract
requirements for all personal care assistance services under section 256B.0659.

(e) Effective for services rendered on or after January 1, 2012, the commissioner shall
include as part of the performance targets described in paragraph (c) a reduction in the health
plan's emergency department utilization rate for medical assistance and MinnesotaCare
enrollees, as determined by the commissioner. For 2012, the reduction shall be based on
the health plan's utilization in 2009. To earn the return of the withhold each subsequent
year, the managed care plan or county-based purchasing plan must achieve a qualifying
reduction of no less than ten percent of the plan's emergency department utilization rate for
medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described
in subdivisions 23 and 28, compared to the previous measurement year until the final
performance target is reached. When measuring performance, the commissioner must
consider the difference in health risk in a managed care or county-based purchasing plan's
membership in the baseline year compared to the measurement year, and work with the
managed care or county-based purchasing plan to account for differences that they agree
are significant.

The withheld funds must be returned no sooner than July 1 and no later than July 31 of
the following calendar year if the managed care plan or county-based purchasing plan
demonstrates to the satisfaction of the commissioner that a reduction in the utilization rate
was achieved. The commissioner shall structure the withhold so that the commissioner
returns a portion of the withheld funds in amounts commensurate with achieved reductions
in utilization less than the targeted amount.

The withhold described in this paragraph shall continue for each consecutive contract
period until the plan's emergency room utilization rate for state health care program enrollees
is reduced by 25 percent of the plan's emergency room utilization rate for medical assistance
and MinnesotaCare enrollees for calendar year 2009. Hospitals shall cooperate with the
health plans in meeting this performance target and shall accept payment withholds that
may be returned to the hospitals if the performance target is achieved.

(f) Effective for services rendered on or after January 1, 2012, the commissioner shall
include as part of the performance targets described in paragraph (c) a reduction in the plan's
hospitalization admission rate for medical assistance and MinnesotaCare enrollees, as
determined by the commissioner. To earn the return of the withhold each year, the managed
care plan or county-based purchasing plan must achieve a qualifying reduction of no less
than five percent of the plan's hospital admission rate for medical assistance and
MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and
28, compared to the previous calendar year until the final performance target is reached.
When measuring performance, the commissioner must consider the difference in health risk
in a managed care or county-based purchasing plan's membership in the baseline year
compared to the measurement year, and work with the managed care or county-based
purchasing plan to account for differences that they agree are significant.

The withheld funds must be returned no sooner than July 1 and no later than July 31 of
the following calendar year if the managed care plan or county-based purchasing plan
demonstrates to the satisfaction of the commissioner that this reduction in the hospitalization
rate was achieved. The commissioner shall structure the withhold so that the commissioner
returns a portion of the withheld funds in amounts commensurate with achieved reductions
in utilization less than the targeted amount.

The withhold described in this paragraph shall continue until there is a 25 percent
reduction in the hospital admission rate compared to the hospital admission rates in calendar
year 2011, as determined by the commissioner. The hospital admissions in this performance
target do not include the admissions applicable to the subsequent hospital admission
performance target under paragraph (g). Hospitals shall cooperate with the plans in meeting
this performance target and shall accept payment withholds that may be returned to the
hospitals if the performance target is achieved.

(g) Effective for services rendered on or after January 1, 2012, the commissioner shall
include as part of the performance targets described in paragraph (c) a reduction in the plan's
hospitalization admission rates for subsequent hospitalizations within 30 days of a previous
hospitalization of a patient regardless of the reason, for medical assistance and MinnesotaCare
enrollees, as determined by the commissioner. To earn the return of the withhold each year,
the managed care plan or county-based purchasing plan must achieve a qualifying reduction
of the subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees,
excluding enrollees in programs described in subdivisions 23 and 28, of no less than five
percent compared to the previous calendar year until the final performance target is reached.

The withheld funds must be returned no sooner than July 1 and no later than July 31 of
the following calendar year if the managed care plan or county-based purchasing plan
demonstrates to the satisfaction of the commissioner that a qualifying reduction in the
subsequent hospitalization rate was achieved. The commissioner shall structure the withhold
so that the commissioner returns a portion of the withheld funds in amounts commensurate
with achieved reductions in utilization less than the targeted amount.

The withhold described in this paragraph must continue for each consecutive contract
period until the plan's subsequent hospitalization rate for medical assistance and
MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and
28, is reduced by 25 percent of the plan's subsequent hospitalization rate for calendar year
2011. Hospitals shall cooperate with the plans in meeting this performance target and shall
accept payment withholds that must be returned to the hospitals if the performance target
is achieved.

(h) Effective for services rendered on or after January 1, 2013, through December 31,
2013, the commissioner shall withhold 4.5 percent of managed care plan payments under
this section and county-based purchasing plan payments under section 256B.692 for the
prepaid medical assistance program. The withheld funds must be returned no sooner than
July 1 and no later than July 31 of the following year. The commissioner may exclude
special demonstration projects under subdivision 23.

(i) Effective for services rendered on or after January 1, 2014, the commissioner shall
withhold three percent of managed care plan payments under this section and county-based
purchasing plan payments under section 256B.692 for the prepaid medical assistance
program. The withheld funds must be returned no sooner than July 1 and no later than July
31 of the following year. The commissioner may exclude special demonstration projects
under subdivision 23.

(j) A managed care plan or a county-based purchasing plan under section 256B.692 may
include as admitted assets under section 62D.044 any amount withheld under this section
that is reasonably expected to be returned.

(k) Contracts between the commissioner and a prepaid health plan are exempt from the
set-aside and preference provisions of section 16C.16, subdivisions 6, paragraph (a), and
7.

(l) The return of the withhold under paragraphs (h) and (i) is not subject to the
requirements of paragraph (c).

(m) Managed care plans and county-based purchasing plans shall maintain current and
fully executed agreements for all subcontractors, including bargaining groups, for
administrative services that are expensed to the state's public health care programs.
Subcontractor agreements determined to be material, as defined by the commissioner after
taking into account state contracting and relevant statutory requirements, must be in the
form of a written instrument or electronic document containing the elements of offer,
acceptance, consideration, payment terms, scope, duration of the contract, and how the
subcontractor services relate to state public health care programs. Upon request, the
commissioner shall have access to all subcontractor documentation under this paragraph.
Nothing in this paragraph shall allow release of information that is nonpublic data pursuant
to section 13.02.

new text begin (n) Effective for services provided on or after January 1, 2019, through December 31,
2019, the commissioner shall withhold two percent of the capitation payment provided to
managed care plans under this section, and county-based purchasing plans under section
256B.692, for each medical assistance enrollee. The withheld funds must be returned no
sooner than July 1 and no later than July 31 of the following year, for capitation payments
for enrollees for whom the plan has submitted to the commissioner a verification of coverage
form completed and signed by the enrollee. The verification of coverage form must be
developed by the commissioner and made available to managed care and county-based
purchasing plans. The form must require the enrollee to provide the enrollee's name and
street address and the name of the managed care or county-based purchasing plan selected
by or assigned to the enrollee and must include a signature block that allows the enrollee
to attest that the information provided is accurate. A plan shall request that all enrollees
complete the verification of coverage form and shall submit all completed forms to the
commissioner by February 28, 2019. If a completed form for an enrollee is not received by
the commissioner by that date:
new text end

new text begin (1) the commissioner shall not return to the plan funds withheld for that enrollee;
new text end

new text begin (2) the commissioner shall cease making capitation payments to the plan for that enrollee,
effective with the April 2019 coverage month; and
new text end

new text begin (3) the commissioner shall disenroll the enrollee from medical assistance, subject to any
enrollee appeal.
new text end

new text begin (o) The commissioner may establish and administer a single preferred drug list for
medical assistance and MinnesotaCare enrollees receiving services through fee-for-service,
integrated health partnerships, managed care, or county-based purchasing, only if the
commissioner first studies this change and then obtains legislative approval in the form of
enacted legislation authorizing the change. In conducting the study, the commissioner shall
consult with interested and affected stakeholders including but not limited to managed care
organizations, county-based purchasers, integrated health partnerships, health care providers,
and enrollees. The commissioner shall report to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services policy and
finance on the anticipated impact of the proposed change on: the state budget, access to
services, quality of both outcomes and enrollee experience, and administrative efficiency.
The report must also include an assessment of possible unintended consequences of the use
of a single preferred drug list.
new text end

Sec. 14. new text beginENCOUNTER REPORTING OF 340B ELIGIBLE DRUGS.
new text end

new text begin (a) The commissioner of human services, in consultation with federally qualified health
centers, managed care organizations, and contract pharmacies, shall develop
recommendations for a process to identify and report at point of sale the 340B drugs that
are dispensed to enrollees of managed care organizations who are patients of a federally
qualified health center, and to exclude these claims from the Medicaid Drug Rebate Program
and ensure that duplicate discounts for drugs do not occur. In developing this process, the
commissioner shall assess the impact of allowing federally qualified health centers to utilize
the 340B Drug Pricing Program drug discounts if a federally qualified health center utilizes
a contract pharmacy for a patient enrolled in the prepaid medical assistance program.
new text end

new text begin (b) By March 1, 2019, the commissioner shall report the recommendations to the chairs
and ranking minority members of the house of representatives and senate committees with
jurisdiction over medical assistance.
new text end

Sec. 15. new text beginRECONCILIATION OF MINNESOTACARE PREMIUMS.
new text end

new text begin Subdivision 1. new text end

new text begin Reconciliation required. new text end

new text begin (a) The commissioner of human services shall
reconcile all MinnesotaCare premiums paid or due for health coverage provided during the
period January 1, 2014, through December 31, 2017, by July 1, 2018. Based on this
reconciliation, the commissioner shall notify each MinnesotaCare enrollee or former enrollee
of any amount owed as premiums, refund to the enrollee or former enrollee any premium
overpayment, and enter into a payment arrangement with the enrollee or former enrollee as
necessary.
new text end

new text begin (b) The commissioner of human services is prohibited from using agency staff and
resources to plan, develop, or promote any proposal that would offer a health insurance
product on the individual market that would offer consumers similar benefits and networks
as the standard MinnesotaCare program, until the commissioner of management and budget
has determined under subdivision 2 that the commissioner is in compliance with the
requirements of this section.
new text end

new text begin Subd. 2. new text end

new text begin Determination of compliance; contingent transfer. new text end

new text begin The commissioner of
management and budget shall determine whether the commissioner of human services has
complied with the requirements of subdivision 1. If the commissioner of management and
budget determines that the commissioner of human services is not in compliance with
subdivision 1, the commissioner of management and budget shall transfer $10,000 from
the central office operations account of the Department of Human Services to the premium
security plan account established under Minnesota Statutes, section 62E.25, for each business
day of noncompliance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16. new text beginCONTRACT TO RECOVER THIRD-PARTY LIABILITY.
new text end

new text begin The commissioner shall contract with a vendor to implement a third-party liability
recovery program for medical assistance and MinnesotaCare. Under the terms of the contract,
the vendor shall be reimbursed using a percentage of the money recovered through the
third-party liability recovery program. All money recovered that remains after reimbursement
of the vendor is available for operation of the medical assistance and MinnesotaCare
programs. The use of this money must be authorized in law by the legislature.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 17. new text beginSTUDY AND REPORT ON DISPARITIES BETWEEN GEOGRAPHIC
RATING AREAS IN INDIVIDUAL AND SMALL GROUP MARKET HEALTH
INSURANCE RATES.
new text end

new text begin Subdivision 1. new text end

new text begin Study and recommendations. new text end

new text begin (a) As permitted by the availability of
resources, the legislative auditor is requested to study disparities between Minnesota's nine
geographic rating areas in individual and small group market health insurance rates and
recommend ways to reduce or eliminate rate disparities between the geographic rating areas
and provide for stability of the individual and small group health insurance markets in the
state. In the study, if conducted, the legislative auditor shall:
new text end

new text begin (1) identify the factors that cause higher individual and small group market health
insurance rates in certain geographic rating areas, and determine the extent to which each
identified factor contributes to the higher rates;
new text end

new text begin (2) identify the impact of referral centers on individual and small group market health
insurance rates in southeastern Minnesota, and identify ways to reduce the rate disparity
between southeastern Minnesota and the metropolitan area, taking into consideration the
patterns of referral center usage by patients in those regions;
new text end

new text begin (3) determine the extent to which individuals and small employers located in a geographic
rating area with higher health insurance rates than surrounding geographic rating areas have
obtained health insurance in a lower-cost geographic rating area, identify the strategies that
individuals and small employers use to obtain health insurance in a lower-cost geographic
rating area, and measure the effects of this practice on the rates of the individuals and small
employers remaining in the geographic rating area with higher health insurance rates; and
new text end

new text begin (4) develop proposals to redraw the boundaries of Minnesota's geographic rating areas,
and calculate the effect each proposal would have on rates in each of the proposed rating
areas. The legislative auditor shall examine at least three options for redrawing the boundaries
of Minnesota's geographic rating areas, at least one of which must reduce the number of
geographic rating areas. All options for redrawing Minnesota's geographic rating areas
considered by the legislative auditor must be designed:
new text end

new text begin (i) with the purposes of reducing or eliminating rate disparities between geographic
rating areas and providing for stability of the individual and small group health insurance
markets in the state;
new text end

new text begin (ii) with consideration of the composition of existing provider networks and referral
patterns in regions of the state; and
new text end

new text begin (iii) in compliance with the requirements for geographic rating areas in Code of Federal
Regulations, title 45, section 147.102(b), and other applicable federal law and guidance.
new text end

new text begin (b) The legislative auditor may secure de-identified data necessary to complete the study
and recommendations according to this subdivision directly from health carriers. For purposes
of this paragraph "de-identified" means a process to remove all identifiable information
regarding an individual or group from data. Data classified as nonpublic data or private data
on individuals, as defined in section 13.02, subdivisions 9 and 12, remains classified as
such.
new text end

new text begin (c) The legislative auditor may recommend one or more proposals for redrawing
Minnesota's geographic rating areas if the legislative auditor determines that the proposal
would reduce or eliminate individual and small group market health insurance rate disparities
between the geographic rating areas and provide for stability of the individual and small
group health insurance markets in the state.
new text end

new text begin Subd. 2. new text end

new text begin Contract. new text end

new text begin The legislative auditor may contract with another entity for technical
assistance in conducting the study and developing recommendations according to subdivision
1.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The legislative auditor is requested to complete the study and
recommendations by January 1, 2019, and to submit a report on the study and
recommendations by that date to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care and health insurance.
new text end

Sec. 18. new text beginTESTIMONY ON USE OF DIGITAL BREAST TOMOSYNTHESIS BY
MEMBERS OF THE STATE EMPLOYEE GROUP INSURANCE PROGRAM.
new text end

new text begin The director of the state employee group insurance program must prepare and submit
written testimony to the house of representatives and senate committees with jurisdiction
over health and human services and state government finance regarding the impact of
Minnesota Statutes, section 62A.30, subdivision 4. The director must provide data on actual
utilization of the coverage under Minnesota Statutes, section 62A.30, subdivision 4 by
members of the state employee group insurance program from January 1, 2019, to June 30,
2019. The director may make recommendations for legislation addressing any issues relating
to the coverage required by Minnesota Statutes, section 62A.30, subdivision 4. The testimony
required under this section is due by December 31, 2019.
new text end

Sec. 19. new text beginMENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY WORK
GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) A mental health and substance use
disorder parity work group is established and shall include the following members:
new text end

new text begin (1) two members representing health plan companies that offer health plans in the
individual market, appointed by the commissioner of commerce;
new text end

new text begin (2) two members representing health plan companies that offer health plans in the group
markets, appointed by the commissioner of commerce;
new text end

new text begin (3) the commissioner of health or a designee;
new text end

new text begin (4) the commissioner of commerce or a designee;
new text end

new text begin (5) the commissioner of management and budget or a designee;
new text end

new text begin (6) two members representing employers, appointed by the commissioner of commerce;
new text end

new text begin (7) two members who are providers representing the mental health and substance use
disorder community, appointed by the commissioner of commerce; and
new text end

new text begin (8) two members who are advocates representing the mental health and substance use
disorder community, appointed by the commissioner of commerce.
new text end

new text begin (b) Members of the work group must have expertise in standards for evidence-based
care, benefit design, or knowledge relating to the analysis of mental health and substance
use disorder parity under federal and state law, including nonquantitative treatment
limitations.
new text end

new text begin Subd. 2. new text end

new text begin First appointments; first meeting; chair. new text end

new text begin Appointing authorities shall appoint
members to the work group by July 1, 2018. The commissioner of commerce or a designee
shall convene the first meeting of the work group on or before August 1, 2018. The
commissioner of commerce or the commissioner's designee shall act as chair.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The mental health and substance use disorder parity work group shall:
new text end

new text begin (1) develop recommendations on the most effective approach to determine and
demonstrate mental health and substance use disorder parity, in accordance with state and
federal law for individual and group health plans offered in Minnesota; and
new text end

new text begin (2) report recommendations to the legislature.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin (a) By February 15, 2019, the work group shall submit a report with
recommendations to the chairs and ranking minority members of the legislative committees
with jurisdiction over health care policy and finance.
new text end

new text begin (b) The report must include the following:
new text end

new text begin (1) a summary of completed state enforcement actions relating to individual and group
health plans offered in Minnesota during the preceding 12-month period regarding
compliance with parity in mental health and substance use disorders benefits in accordance
with state and federal law and a summary of the results of completed state enforcement
actions. Data that is protected under state or federal law as nonpublic, private, or confidential
shall remain nonpublic, private, or confidential. This summary must include:
new text end

new text begin (i) the number of formal enforcement actions taken;
new text end

new text begin (ii) the benefit classifications examined in each enforcement action; and
new text end

new text begin (iii) the subject matter of each enforcement action, including quantitative and
nonquantitative treatment limitations;
new text end

new text begin (2) detailed information about any regulatory actions the commissioner of health or
commissioner of commerce has taken as a result of a completed state enforcement action
pertaining to health plan compliance with Minnesota Statutes, sections 62Q.47 and 62Q.53,
and United States Code, title 42, section 18031(j);
new text end

new text begin (3) a description of the work group's recommendations on educating the public about
alcoholism, mental health, or chemical dependency parity protections under state and federal
law; and
new text end

new text begin (4) recommendations on the most effective approach to determine and demonstrate
mental health and substance use disorder parity, in accordance with state and federal law
for individual and group health plans offered in Minnesota.
new text end

new text begin (c) In developing the report and recommendations, the work group may consult with
the Substance Abuse and Mental Health Services Agency and the National Association of
Insurance Commissioners for the latest developments on evaluation of mental health and
substance use disorder parity.
new text end

new text begin (d) The report must be written in plain language and must be made available to the public
by being posted on the Web sites of the Department of Health and Department of Commerce.
The work group may make the report publicly available in additional ways, at its discretion.
new text end

new text begin (e) The report must include any draft legislation necessary to implement the
recommendations of the work group.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The mental health and substance use disorder parity work group
expires February 16, 2019, or the day after submitting the report required in this section,
whichever is earlier.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 62A.65, subdivision 7a, new text end new text begin is repealed.
new text end


ARTICLE 3

CHEMICAL AND MENTAL HEALTH

Section 1.

Minnesota Statutes 2016, section 13.851, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Mental health screening. new text end

new text begin The treatment of data collected by a sheriff or local
corrections agency related to individuals who may have a mental illness is governed by
section 641.15, subdivision 3a.
new text end

Sec. 2.

Minnesota Statutes 2016, section 245A.04, subdivision 7, is amended to read:


Subd. 7.

Grant of license; license extension.

(a) If the commissioner determines that
the program complies with all applicable rules and laws, the commissioner shall issue a
license new text beginconsistent with this section or, if applicable, a temporary change of ownership license
under section 245A.043
new text end. At minimum, the license shall state:

(1) the name of the license holder;

(2) the address of the program;

(3) the effective date and expiration date of the license;

(4) the type of license;

(5) the maximum number and ages of persons that may receive services from the program;
and

(6) any special conditions of licensure.

(b) The commissioner may issue deleted text beginan initialdeleted text end new text beginanew text end license for a period not to exceed two years
if:

(1) the commissioner is unable to conduct the evaluation or observation required by
subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet operational;

(2) certain records and documents are not available because persons are not yet receiving
services from the program; and

(3) the applicant complies with applicable laws and rules in all other respects.

(c) A decision by the commissioner to issue a license does not guarantee that any person
or persons will be placed or cared for in the licensed program. deleted text beginA license shall not be
transferable to another individual, corporation, partnership, voluntary association, other
organization, or controlling individual or to another location.
deleted text end

deleted text begin (d) A license holder must notify the commissioner and obtain the commissioner's approval
before making any changes that would alter the license information listed under paragraph
(a).
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end Except as provided in paragraphs deleted text begin(g)deleted text endnew text begin (f)new text end and deleted text begin(h)deleted text endnew text begin (g)new text end, the commissioner shall not
issue or reissue a license if the applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set aside and no variance has been
granted;

(2) been denied a license within the past two years;

(3) had a license new text beginissued under this chapternew text end revoked within the past five years;

(4) an outstanding debt related to a license fee, licensing fine, or settlement agreement
for which payment is delinquent; or

(5) failed to submit the information required of an applicant under subdivision 1,
paragraph (f) or (g), after being requested by the commissioner.

When a license new text beginissued under this chapternew text end is revoked under clause (1) or (3), the license
holder and controlling individual may not hold any license under chapter 245A or 245D for
five years following the revocation, and other licenses held by the applicant, license holder,
or controlling individual shall also be revoked.

deleted text begin (f)deleted text endnew text begin (e)new text end The commissioner shall not issue or reissue a license new text beginunder this chapternew text end if an
individual living in the household where the deleted text beginlicenseddeleted text end services will be provided as specified
under section 245C.03, subdivision 1, has been disqualified and the disqualification has not
been set aside and no variance has been granted.

deleted text begin (g)deleted text endnew text begin (f)new text end Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license new text beginissued
under this chapter
new text end has been suspended or revoked and the suspension or revocation is under
appeal, the program may continue to operate pending a final order from the commissioner.
If the license under suspension or revocation will expire before a final order is issued, a
temporary provisional license may be issued provided any applicable license fee is paid
before the temporary provisional license is issued.

deleted text begin (h)deleted text endnew text begin (g)new text end Notwithstanding paragraph deleted text begin(g)deleted text endnew text begin (f)new text end, when a revocation is based on the
disqualification of a controlling individual or license holder, and the controlling individual
or license holder is ordered under section 245C.17 to be immediately removed from direct
contact with persons receiving services or is ordered to be under continuous, direct
supervision when providing direct contact services, the program may continue to operate
only if the program complies with the order and submits documentation demonstrating
compliance with the order. If the disqualified individual fails to submit a timely request for
reconsideration, or if the disqualification is not set aside and no variance is granted, the
order to immediately remove the individual from direct contact or to be under continuous,
direct supervision remains in effect pending the outcome of a hearing and final order from
the commissioner.

deleted text begin (i)deleted text endnew text begin (h)new text end For purposes of reimbursement for meals only, under the Child and Adult Care
Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A,
part 226, relocation within the same county by a licensed family day care provider, shall
be considered an extension of the license for a period of no more than 30 calendar days or
until the new license is issued, whichever occurs first, provided the county agency has
determined the family day care provider meets licensure requirements at the new location.

deleted text begin (j)deleted text endnew text begin (i)new text end Unless otherwise specified by statute, all licenses new text beginissued under this chapternew text end expire
at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must
apply for and be granted a new license to operate the program or the program must not be
operated after the expiration date.

deleted text begin (k)deleted text endnew text begin (j)new text end The commissioner shall not issue or reissue a license new text beginunder this chapternew text end if it has
been determined that a tribal licensing authority has established jurisdiction to license the
program or service.

Sec. 3.

Minnesota Statutes 2016, section 245A.04, is amended by adding a subdivision to
read:


new text begin Subd. 7a. new text end

new text begin Notification required. new text end

new text begin (a) A license holder must notify the commissioner and
obtain the commissioner's approval before making any change that would alter the license
information listed under subdivision 7, paragraph (a).
new text end

new text begin (b) At least 30 days before the effective date of a change, the license holder must notify
the commissioner in writing of any change:
new text end

new text begin (1) to the license holder's controlling individual as defined in section 245A.02, subdivision
5a;
new text end

new text begin (2) to license holder information on file with the secretary of state;
new text end

new text begin (3) in the location of the program or service licensed under this chapter; and
new text end

new text begin (4) in the federal or state tax identification number associated with the license holder.
new text end

new text begin (c) When a license holder notifies the commissioner of a change to the business structure
governing the licensed program or services but is not selling the business, the license holder
must provide amended articles of incorporation and other documentation of the change and
any other information requested by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 4.

new text begin [245A.043] LICENSE APPLICATION AFTER CHANGE OF OWNERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer prohibited. new text end

new text begin A license issued under this chapter is only valid
for a premises and individual, organization, or government entity identified by the
commissioner on the license. A license is not transferable or assignable.
new text end

new text begin Subd. 2. new text end

new text begin Change of ownership. new text end

new text begin If the commissioner determines that there will be a
change of ownership, the commissioner shall require submission of a new license application.
A change of ownership occurs when:
new text end

new text begin (1) the license holder sells or transfers 100 percent of the property, stock, or assets;
new text end

new text begin (2) the license holder merges with another organization;
new text end

new text begin (3) the license holder consolidates with two or more organizations, resulting in the
creation of a new organization;
new text end

new text begin (4) there is a change in the federal tax identification number associated with the license
holder; or
new text end

new text begin (5) there is a turnover of each controlling individual associated with the license within
a 12-month period. A change to the license holder's controlling individuals, including a
change due to a transfer of stock, is not a change of ownership if at least one controlling
individual who was listed on the license for at least 12 consecutive months continues to be
a controlling individual after the reported change.
new text end

new text begin Subd. 3. new text end

new text begin Change of ownership requirements. new text end

new text begin (a) A license holder who intends to
change the ownership of the program or service under subdivision 2 to a party that intends
to assume operation without an interruption in service longer than 60 days after acquiring
the program or service must provide the commissioner with written notice of the proposed
sale or change, on a form provided by the commissioner, at least 60 days before the
anticipated date of the change in ownership. For purposes of this subdivision and subdivision
4, "party" means the party that intends to operate the service or program.
new text end

new text begin (b) The party must submit a license application under this chapter on a form and in the
manner prescribed by the commissioner at least 30 days before the change of ownership is
complete and must include documentation to support the upcoming change. The form and
manner of the application prescribed by the commissioner shall require only information
which is specifically required by statute or rule. The party must comply with background
study requirements under chapter 245C and shall pay the application fee required in section
245A.10. A party that intends to assume operation without an interruption in service longer
than 60 days after acquiring the program or service is exempt from the requirements of
Minnesota Rules, part 9530.6800.
new text end

new text begin (c) The commissioner may develop streamlined application procedures when the party
is an existing license holder under this chapter and is acquiring a program licensed under
this chapter or service in the same service class as one or more licensed programs or services
the party operates and those licenses are in substantial compliance according to the licensing
standards in this chapter and applicable rules. For purposes of this subdivision, "substantial
compliance" means within the past 12 months the commissioner did not: (i) issue a sanction
under section 245A.07 against a license held by the party or (ii) make a license held by the
party conditional according to section 245A.06.
new text end

new text begin (d) Except when a temporary change of ownership license is issued pursuant to
subdivision 4, the existing license holder is solely responsible for operating the program
according to applicable rules and statutes until a license under this chapter is issued to the
party.
new text end

new text begin (e) If a licensing inspection of the program or service was conducted within the previous
12 months and the existing license holder's license record demonstrates substantial
compliance with the applicable licensing requirements, the commissioner may waive the
party's inspection required by section 245A.04, subdivision 4. The party must submit to the
commissioner proof that the premises was inspected by a fire marshal or that the fire marshal
deemed that an inspection was not warranted and proof that the premises was inspected for
compliance with the building code or that no inspection was deemed warranted.
new text end

new text begin (f) If the party is seeking a license for a program or service that has an outstanding
correction order, the party must submit a letter with the license application identifying how
and within what length of time the party shall resolve the outstanding correction order and
come into full compliance with the licensing requirements.
new text end

new text begin (g) Any action taken under section 245A.06 or 245A.07 against the existing license
holder's license at the time the party is applying for a license, including when the existing
license holder is operating under a conditional license or is subject to a revocation, shall
remain in effect until the commissioner determines that the grounds for the action are
corrected or no longer exist.
new text end

new text begin (h) The commissioner shall evaluate the application of the party according to section
245A.04, subdivision 6. Pursuant to section 245A.04, subdivision 7, if the commissioner
determines that the party complies with applicable laws and rules, the commissioner may
issue a license or a temporary change of ownership license.
new text end

new text begin (i) The commissioner may deny an application as provided in section 245A.05. An
applicant whose application was denied by the commissioner may appeal the denial according
to section 245A.05.
new text end

new text begin (j) This subdivision does not apply to a licensed program or service located in a home
where the license holder resides.
new text end

new text begin Subd. 4. new text end

new text begin Temporary change of ownership license. new text end

new text begin (a) After receiving the party's
application and upon the written request of the existing license holder and the party, the
commissioner may issue a temporary change of ownership license to the party while the
commissioner evaluates the party's application. Until a decision is made to grant or deny a
license under this chapter, the existing license holder and the party shall both be responsible
for operating the program or service according to applicable laws and rules, and the sale or
transfer of the license holder's ownership interest in the licensed program or service does
not terminate the existing license.
new text end

new text begin (b) The commissioner may establish criteria to issue a temporary change of ownership
license, if a license holder's death, divorce, or other event affects the ownership of the
program, when an applicant seeks to assume operation of the program or service to ensure
continuity of the program or service while a license application is evaluated. This subdivision
applies to any program or service licensed under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2016, section 245C.22, subdivision 4, is amended to read:


Subd. 4.

Risk of harm; set aside.

(a) The commissioner may set aside the disqualification
if the commissioner finds that the individual has submitted sufficient information to
demonstrate that the individual does not pose a risk of harm to any person served by the
applicant, license holder, or other entities as provided in this chapter.

(b) In determining whether the individual has met the burden of proof by demonstrating
the individual does not pose a risk of harm, the commissioner shall consider:

(1) the nature, severity, and consequences of the event or events that led to the
disqualification;

(2) whether there is more than one disqualifying event;

(3) the age and vulnerability of the victim at the time of the event;

(4) the harm suffered by the victim;

(5) vulnerability of persons served by the program;

(6) the similarity between the victim and persons served by the program;

(7) the time elapsed without a repeat of the same or similar event;

(8) documentation of successful completion by the individual studied of training or
rehabilitation pertinent to the event; and

(9) any other information relevant to reconsideration.

(c) If the individual requested reconsideration on the basis that the information relied
upon to disqualify the individual was incorrect or inaccurate and the commissioner determines
that the information relied upon to disqualify the individual is correct, the commissioner
must also determine if the individual poses a risk of harm to persons receiving services in
accordance with paragraph (b).

new text begin (d) For an individual in the chemical dependency field, the commissioner must set aside
the disqualification if the following criteria are met:
new text end

new text begin (1) the individual submits sufficient documentation to demonstrate that the individual
is a nonviolent controlled substance offender under section 244.0513, subdivision 2, clauses
(1), (2), and (6);
new text end

new text begin (2) the individual is disqualified exclusively for one or more offenses listed under section
152.021, subdivision 2 or 2a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024; or
152.025;
new text end

new text begin (3) the individual provided documentation of successful completion of treatment, at least
one year prior to the date of the request for reconsideration, at a program licensed under
chapter 245G;
new text end

new text begin (4) the individual provided documentation demonstrating abstinence from controlled
substances, as defined in section 152.01, subdivision 4, for the period one year prior to the
date of the request for reconsideration; and
new text end

new text begin (5) the individual is seeking employment in the chemical dependency field.
new text end

Sec. 6.

Minnesota Statutes 2017 Supplement, section 245C.22, subdivision 5, is amended
to read:


Subd. 5.

Scope of set-aside.

(a) If the commissioner sets aside a disqualification under
this section, the disqualified individual remains disqualified, but may hold a license and
have direct contact with or access to persons receiving services. Except as provided in
paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the
licensed program, applicant, or agency specified in the set aside notice under section 245C.23.
For personal care provider organizations, the commissioner's set-aside may further be limited
to a specific individual who is receiving services. For new background studies required
under section 245C.04, subdivision 1, paragraph (h), if an individual's disqualification was
previously set aside for the license holder's program and the new background study results
in no new information that indicates the individual may pose a risk of harm to persons
receiving services from the license holder, the previous set-aside shall remain in effect.

(b) If the commissioner has previously set aside an individual's disqualification for one
or more programs or agencies, and the individual is the subject of a subsequent background
study for a different program or agency, the commissioner shall determine whether the
disqualification is set aside for the program or agency that initiated the subsequent
background study. A notice of a set-aside under paragraph (c) shall be issued within 15
working days if all of the following criteria are met:

(1) the subsequent background study was initiated in connection with a program licensed
or regulated under the same provisions of law and rule for at least one program for which
the individual's disqualification was previously set aside by the commissioner;

(2) the individual is not disqualified for an offense specified in section 245C.15,
subdivision 1 deleted text beginor 2deleted text end;

(3) new text beginthe individual is not disqualified for an offense specified in section 245C.15,
subdivision 2, unless the individual is employed in the chemical dependency field;
new text end

new text begin (4) new text endthe commissioner has received no new information to indicate that the individual
may pose a risk of harm to any person served by the program; and

deleted text begin (4)deleted text end new text begin(5) new text endthe previous set-aside was not limited to a specific person receiving services.

(c) When a disqualification is set aside under paragraph (b), the notice of background
study results issued under section 245C.17, in addition to the requirements under section
245C.17, shall state that the disqualification is set aside for the program or agency that
initiated the subsequent background study. The notice must inform the individual that the
individual may request reconsideration of the disqualification under section 245C.21 on the
basis that the information used to disqualify the individual is incorrect.

Sec. 7.

Minnesota Statutes 2017 Supplement, section 245G.03, subdivision 1, is amended
to read:


Subdivision 1.

License requirements.

(a) An applicant for a license to provide substance
use disorder treatment must comply with the general requirements in chapters 245A and
245C, sections 626.556 and 626.557, and Minnesota Rules, chapter 9544.

(b) new text beginThe assessment of need process under Minnesota Rules, parts 9530.6800 and
9530.6810, is not applicable to programs licensed under this chapter. However, the
commissioner may deny issuance of a license to an applicant if the commissioner determines
that the services currently available in the local area are sufficient to meet local need and
the addition of new services would be detrimental to individuals seeking these services.
new text end

new text begin (c) new text endThe commissioner may grant variances to the requirements in this chapter that do
not affect the client's health or safety if the conditions in section 245A.04, subdivision 9,
are met.

Sec. 8.

Minnesota Statutes 2017 Supplement, section 254A.03, subdivision 3, is amended
to read:


Subd. 3.

Rules for substance use disorder care.

(a) The commissioner of human
services shall establish by rule criteria to be used in determining the appropriate level of
chemical dependency care for each recipient of public assistance seeking treatment for
substance misuse or substance use disorder. Upon federal approval of a comprehensive
assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding
the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, an eligible vendor of
comprehensive assessments under section 254B.05 may determine and approve the
appropriate level of substance use disorder treatment for a recipient of public assistance.
The process for determining an individual's financial eligibility for the consolidated chemical
dependency treatment fund or determining an individual's enrollment in or eligibility for a
publicly subsidized health plan is not affected by the individual's choice to access a
comprehensive assessment for placement.

(b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.

new text begin (c) A structured assessment for alcohol or substance use disorder that is provided to a
recipient of public assistance by a primary care clinic, hospital, or other medical setting
establishes medical necessity and approval for an initial set of substance use disorder services
identified in section 254B.05, subdivision 5, when the screen result is positive for alcohol
or substance misuse. The initial set of services approved for a recipient whose screen result
is positive shall include four hours of individual or group substance use disorder treatment,
two hours of substance use disorder care coordination, and two hours of substance use
disorder peer support services. A recipient must obtain an assessment pursuant to paragraph
(a) to be approved for additional treatment services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018, contingent on federal
approval. The commissioner of human services shall notify the revisor of statutes when
federal approval is obtained or denied.
new text end

Sec. 9.

Minnesota Statutes 2016, section 254B.02, subdivision 1, is amended to read:


Subdivision 1.

Chemical dependency treatment allocation.

The chemical dependency
treatment appropriation shall be placed in a special revenue account. deleted text beginThe commissioner
shall annually transfer funds from the chemical dependency fund to pay for operation of
the drug and alcohol abuse normative evaluation system and to pay for all costs incurred
by adding two positions for licensing of chemical dependency treatment and rehabilitation
programs located in hospitals for which funds are not otherwise appropriated.
deleted text end The deleted text beginremainder
of the
deleted text end money in the special revenue account must be used according to the requirements in
this chapter.

Sec. 10.

Minnesota Statutes 2017 Supplement, section 254B.03, subdivision 2, is amended
to read:


Subd. 2.

Chemical dependency fund payment.

(a) Payment from the chemical
dependency fund is limited to payments for services other than detoxification licensed under
Minnesota Rules, parts 9530.6510 to 9530.6590, that, if located outside of federally
recognized tribal lands, would be required to be licensed by the commissioner as a chemical
dependency treatment or rehabilitation program under sections 245A.01 to 245A.16, and
services other than detoxification provided in another state that would be required to be
licensed as a chemical dependency program if the program were in the state. Out of state
vendors must also provide the commissioner with assurances that the program complies
substantially with state licensing requirements and possesses all licenses and certifications
required by the host state to provide chemical dependency treatment. Vendors receiving
payments from the chemical dependency fund must not require co-payment from a recipient
of benefits for services provided under this subdivision. The vendor is prohibited from using
the client's public benefits to offset the cost of services paid under this section. The vendor
shall not require the client to use public benefits for room or board costs. This includes but
is not limited to cash assistance benefits under chapters 119B, 256D, and 256J, or SNAP
benefits. Retention of SNAP benefits is a right of a client receiving services through the
consolidated chemical dependency treatment fund or through state contracted managed care
entities. Payment from the chemical dependency fund shall be made for necessary room
and board costs provided by vendors certified according to section 254B.05, or in a
community hospital licensed by the commissioner of health according to sections 144.50
to 144.56 to a client who is:

(1) determined to meet the criteria for placement in a residential chemical dependency
treatment program according to rules adopted under section 254A.03, subdivision 3; and

(2) concurrently receiving a chemical dependency treatment service in a program licensed
by the commissioner and reimbursed by the chemical dependency fund.

(b) A county may, from its own resources, provide chemical dependency services for
which state payments are not made. A county may elect to use the same invoice procedures
and obtain the same state payment services as are used for chemical dependency services
for which state payments are made under this section if county payments are made to the
state in advance of state payments to vendors. When a county uses the state system for
payment, the commissioner shall make monthly billings to the county using the most recent
available information to determine the anticipated services for which payments will be made
in the coming month. Adjustment of any overestimate or underestimate based on actual
expenditures shall be made by the state agency by adjusting the estimate for any succeeding
month.

(c) The commissioner shall coordinate chemical dependency services and determine
whether there is a need for any proposed expansion of chemical dependency treatment
services. deleted text beginThe commissioner shall deny vendor certification to any provider that has not
received prior approval from the commissioner for the creation of new programs or the
expansion of existing program capacity. The commissioner shall consider the provider's
capacity to obtain clients from outside the state based on plans, agreements, and previous
utilization history, when determining the need for new treatment services
deleted text endnew text begin The commissioner
may deny vendor certification to a provider if the commissioner determines that the services
currently available in the local area are sufficient to meet local need and that the addition
of new services would be detrimental to individuals seeking these services
new text end.

Sec. 11.

Minnesota Statutes 2017 Supplement, section 256.045, subdivision 3, is amended
to read:


Subd. 3.

State agency hearings.

(a) State agency hearings are available for the following:

(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or the
federal Food Stamp Act whose application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed
to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by a
lead investigative agency to have maltreated a vulnerable adult under section 626.557 after
they have exercised their right to administrative reconsideration under section 626.557;

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section 626.556 is denied or not
acted upon with reasonable promptness, regardless of funding source;

(6) any person to whom a right of appeal according to this section is given by other
provision of law;

(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver
under section 256B.15;

(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(9) except as provided under chapter 245A, an individual or facility determined to have
maltreated a minor under section 626.556, after the individual or facility has exercised the
right to administrative reconsideration under section 626.556;

(10) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
individual has committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) or (9) and a disqualification under this clause in which the
basis for a disqualification is serious or recurring maltreatment, shall be consolidated into
a single fair hearing. In such cases, the scope of review by the human services judge shall
include both the maltreatment determination and the disqualification. The failure to exercise
the right to an administrative reconsideration shall not be a bar to a hearing under this section
if federal law provides an individual the right to a hearing to dispute a finding of
maltreatment;

(11) any person with an outstanding debt resulting from receipt of public assistance,
medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt;

(12) a person issued a notice of service termination under section 245D.10, subdivision
3a, from residential supports and services as defined in section 245D.03, subdivision 1,
paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;

(13) an individual disability waiver recipient based on a denial of a request for a rate
exception under section 256B.4914; deleted text beginor
deleted text end

(14) a person issued a notice of service termination under section 245A.11, subdivision
11, that is not otherwise subject to appeal under subdivision 4adeleted text begin.deleted text endnew text begin; or
new text end

new text begin (15) a county disputes cost of care under section 246.54 based on administrative or other
delay of a client's discharge from a state-operated facility after notification to a county that
the client no longer meets medical criteria for the state-operated facility, when the county
has developed a viable discharge plan.
new text end

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10),
is the only administrative appeal to the final agency determination specifically, including
a challenge to the accuracy and completeness of data under section 13.04. Hearings requested
under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or
after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a contested case
proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),
clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A
hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only
available when there is no district court action pending. If such action is filed in district
court while an administrative review is pending that arises out of some or all of the events
or circumstances on which the appeal is based, the administrative review must be suspended
until the judicial actions are completed. If the district court proceedings are completed,
dismissed, or overturned, the matter may be considered in an administrative hearing.

(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

(d) The scope of hearings involving claims to foster care payments under paragraph (a),
clause (5), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.

(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to
whether the proposed termination of services is authorized under section 245D.10,
subdivision 3a
, paragraph (b), or 245A.11, subdivision 11, and whether the requirements
of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a,
paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of
termination of services, the scope of the hearing shall also include whether the case
management provider has finalized arrangements for a residential facility, a program, or
services that will meet the assessed needs of the recipient by the effective date of the service
termination.

(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing under this section, except if assisting a recipient as provided in subdivision
4.

(g) An applicant or recipient is not entitled to receive social services beyond the services
prescribed under chapter 256M or other social services the person is eligible for under state
law.

(h) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in state
or federal law.

(i) Unless federal or Minnesota law specifies a different time frame in which to file an
appeal, an individual or organization specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving written notice of the action,
decision, or final disposition, or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision
13, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.

Sec. 12.

Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 56a, is
amended to read:


Subd. 56a.

deleted text beginPost-arrestdeleted text end new text beginOfficer-involved new text endcommunity-based deleted text beginservicedeleted text end new text begincare new text endcoordination.

(a) Medical assistance covers deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based deleted text beginservicedeleted text end new text begincare
new text end coordination for an individual who:

(1) has deleted text beginbeen identified as havingdeleted text end new text beginscreened positive for benefiting from treatment for new text enda
mental illness or substance use disorder using a deleted text beginscreeningdeleted text end tool approved by the commissioner;

(2) does not require the security of a public detention facility and is not considered an
inmate of a public institution as defined in Code of Federal Regulations, title 42, section
435.1010;

(3) meets the eligibility requirements in section 256B.056; and

(4) has agreed to participate in deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based deleted text beginservicedeleted text end
new text begin care new text endcoordination deleted text beginthrough a diversion contract in lieu of incarcerationdeleted text end.

(b) deleted text beginPost-arrestdeleted text endnew text begin Officer-involvednew text end community-based deleted text beginservicedeleted text end new text begincare new text endcoordination means
navigating services to address a client's mental health, chemical health, social, economic,
and housing needs, or any other activity targeted at reducing the incidence of jail utilization
and connecting individuals with existing covered services available to them, including, but
not limited to, targeted case management, waiver case management, or care coordination.

(c) deleted text beginPost-arrestdeleted text end new text beginOfficer-involved new text endcommunity-based deleted text beginservicedeleted text end new text begincare new text endcoordination must be
provided by an individual who is an employee of deleted text begina countydeleted text end or is under contract with a countynew text begin,
or is an employee of or under contract with an Indian health service facility or facility owned
and operated by a tribe or a tribal organization operating under Public Law 93-638 as a 638
facility
new text end to provide deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based new text begincare new text endcoordination and is
qualified under one of the following criteria:

(1) a licensed mental health professional as defined in section 245.462, subdivision 18,
clauses (1) to (6);

(2) a mental health practitioner as defined in section 245.462, subdivision 17, working
under the clinical supervision of a mental health professional; deleted text beginor
deleted text end

(3) a certified peer specialist under section 256B.0615, working under the clinical
supervision of a mental health professionalnew text begin;
new text end

new text begin (4) an individual qualified as an alcohol and drug counselor under section 254G.11,
subdivision 5; or
new text end

new text begin (5) a recovery peer qualified under section 245G.11, subdivision 8, working under the
supervision of an individual qualified as an alcohol and drug counselor under section
245G.11, subdivision 5
new text end.

(d) Reimbursement is allowed for up to 60 days following the initial determination of
eligibility.

(e) Providers of deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based deleted text beginservicedeleted text end new text begincare new text endcoordination
shall annually report to the commissioner on the number of individuals served, and number
of the community-based services that were accessed by recipients. The commissioner shall
ensure that services and payments provided under deleted text beginpost-arrestdeleted text end new text beginofficer-involved
new text end community-based deleted text beginservicedeleted text end new text begincare new text endcoordination do not duplicate services or payments provided
under section 256B.0625, subdivision 20, 256B.0753, 256B.0755, or 256B.0757.

(f) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of cost for
post-arrest community-based service coordination services shall be provided by the county
providing the services, from sources other than federal funds or funds used to match other
federal funds.

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a) to (e) are effective retroactively from March 1,
2018.
new text end

Sec. 13.

Minnesota Statutes 2016, section 641.15, subdivision 3a, is amended to read:


Subd. 3a.

Intake procedure; approved mental health screening.

As part of its intake
procedure for new deleted text beginprisonersdeleted text endnew text begin inmatesnew text end, the sheriff or local corrections shall use a mental health
screening tool approved by the commissioner of corrections in consultation with the
commissioner of human services and local corrections staff to identify persons who may
have mental illness.new text begin Names of persons who have screened positive or may have a mental
illness may be shared with the local county social services agency. The jail may refer an
offender to county personnel of the welfare system, as defined in section 13.46, subdivision
1, paragraph (c), in order to arrange for services upon discharge and may share private data
as necessary to carry out the following:
new text end

new text begin (1) providing assistance in filling out an application for medical assistance or
MinnesotaCare;
new text end

new text begin (2) making a referral for case management as outlined under section 245.467, subdivision
4;
new text end

new text begin (3) providing assistance in obtaining a state photo identification;
new text end

new text begin (4) securing a timely appointment with a psychiatrist or other appropriate community
mental health provider;
new text end

new text begin (5) providing prescriptions for a 30-day supply of all necessary medications; or
new text end

new text begin (6) behavioral health service coordination.
new text end

Sec. 14.

Laws 2017, First Special Session chapter 6, article 8, section 71, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective for services provided on July 1, 2017,
through deleted text beginApril 30, 2019, and expires May 1, 2019deleted text endnew text begin June 30, 2019, and expires July 1, 2019new text end.

Sec. 15.

Laws 2017, First Special Session chapter 6, article 8, section 72, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective for services provided on July 1, 2017,
through deleted text beginApril 30, 2019, and expires May 1, 2019deleted text endnew text begin June 30, 2019, and expires July 1, 2019new text end.

Sec. 16.

Laws 2017, First Special Session chapter 6, article 8, section 74, is amended to
read:


Sec. 74. CHILDREN'S MENTAL HEALTH REPORT AND
RECOMMENDATIONS.

The commissioner of human services shall conduct a comprehensive analysis of
Minnesota's continuum of intensive mental health services and shall develop
recommendations for a sustainable and community-driven continuum of care for children
with serious mental health needs, including children currently being served in residential
treatment. The commissioner's analysis shall include, but not be limited to:

(1) data related to access, utilization, efficacy, and outcomes for Minnesota's current
system of residential mental health treatment for a child with a severe emotional disturbance;

(2) potential expansion of the state's psychiatric residential treatment facility (PRTF)
capacity, including increasing the number of PRTF beds and conversion of existing children's
mental health residential treatment programs into PRTFs;

(3) the capacity need for PRTF and other group settings within the state if adequate
community-based alternatives are accessible, equitable, and effective statewide;

(4) recommendations for expanding alternative community-based service models to
meet the needs of a child with a serious mental health disorder who would otherwise require
residential treatment and potential service models that could be utilized, including data
related to access, utilization, efficacy, and outcomes;

(5) models of care used in other states; and

(6) analysis and specific recommendations for the design and implementation of new
service models, including analysis to inform rate setting as necessary.

The analysis shall be supported and informed by extensive stakeholder engagement.
Stakeholders include individuals who receive services, family members of individuals who
receive services, providers, counties, health plans, advocates, and others. Stakeholder
engagement shall include interviews with key stakeholders, intentional outreach to individuals
who receive services and the individual's family members, and regional listening sessions.

The commissioner shall provide a report with specific recommendations and timelines
for implementation to the legislative committees with jurisdiction over children's mental
health policy and finance by deleted text beginNovember 15, 2018deleted text endnew text begin January 15, 2019new text end.


ARTICLE 4

OPIOIDS AND PRESCRIPTION DRUGS

Section 1.

Minnesota Statutes 2016, section 8.31, subdivision 1, is amended to read:


Subdivision 1.

Investigate offenses against provisions of certain designated sections;
assist in enforcement.

The attorney general shall investigate violations of the law of this
state respecting unfair, discriminatory, and other unlawful practices in business, commerce,
or trade, and specifically, but not exclusively, new text beginprohibition against price gouging for essential
off-patent or generic drugs (section 151.462),
new text endthe Nonprofit Corporation Act (sections
317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition (sections
325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to 325D.16),
the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other laws against
false or fraudulent advertising, the antidiscrimination acts contained in section 325D.67,
the act against monopolization of food products (section 325D.68), the act regulating
telephone advertising services (section 325E.39), the Prevention of Consumer Fraud Act
(sections 325F.68 to 325F.70), and chapter 53A regulating currency exchanges and assist
in the enforcement of those laws as in this section provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 2.

new text begin [62Q.184] STEP THERAPY OVERRIDE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Clinical practice guideline" means a systematically developed statement to assist
health care providers and enrollees in making decisions about appropriate health care services
for specific clinical circumstances and conditions developed independently of a health plan
company, pharmaceutical manufacturer, or any entity with a conflict of interest.
new text end

new text begin (c) "Clinical review criteria" means the written screening procedures, decision abstracts,
clinical protocols, and clinical practice guidelines used by a health plan company to determine
the medical necessity and appropriateness of health care services.
new text end

new text begin (d) "Health plan company" has the meaning given in section 62Q.01, subdivision 4, but
does not include a managed care organization or county-based purchasing plan participating
in a public program under chapters 256B or 256L, or an integrated health partnership under
section 256B.0755.
new text end

new text begin (e) "Step therapy protocol" means a protocol or program that establishes the specific
sequence in which prescription drugs for a specified medical condition, including
self-administered and physician-administered drugs, are medically appropriate for a particular
enrollee and are covered under a health plan.
new text end

new text begin (f) "Step therapy override" means that the step therapy protocol is overridden in favor
of coverage of the selected prescription drug of the prescribing health care provider because
at least one of the conditions of subdivision 3, paragraph (a), exists.
new text end

new text begin Subd. 2. new text end

new text begin Establishment of a step therapy protocol. new text end

new text begin A health plan company shall
consider available recognized evidence-based and peer-reviewed clinical practice guidelines
when establishing a step therapy protocol. Upon written request of an enrollee, a health plan
company shall provide any clinical review criteria applicable to a specific prescription drug
covered by the health plan.
new text end

new text begin Subd. 3. new text end

new text begin Step therapy override process; transparency. new text end

new text begin (a) When coverage of a
prescription drug for the treatment of a medical condition is restricted for use by a health
plan company through the use of a step therapy protocol, enrollees and prescribing health
care providers shall have access to a clear, readily accessible, and convenient process to
request a step therapy override. The process shall be made easily accessible on the health
plan company's Web site. A health plan company may use its existing medical exceptions
process to satisfy this requirement. A health plan company shall grant an override to the
step therapy protocol if at least one of the following conditions exist:
new text end

new text begin (1) the prescription drug required under the step therapy protocol is contraindicated
pursuant to the pharmaceutical manufacturer's prescribing information for the drug or, due
to a documented adverse event with a previous use or a documented medical condition,
including a comorbid condition, is likely to do any of the following:
new text end

new text begin (i) cause an adverse reaction to the enrollee;
new text end

new text begin (ii) decrease the ability of the enrollee to achieve or maintain reasonable functional
ability in performing daily activities; or
new text end

new text begin (iii) cause physical or mental harm to the enrollee;
new text end

new text begin (2) the enrollee has had a trial of the required prescription drug covered by their current
or previous health plan, or another prescription drug in the same pharmacologic class or
with the same mechanism of action, and was adherent during such trial for a period of time
sufficient to allow for a positive treatment outcome, and the prescription drug was
discontinued by the enrollee's health care provider due to lack of effectiveness, or an adverse
event. This clause does not prohibit a health plan company from requiring an enrollee to
try another drug in the same pharmacologic class or with the same mechanism of action if
that therapy sequence is supported by the evidence-based and peer-reviewed clinical practice
guideline, Food and Drug Administration label, or pharmaceutical manufacturer's prescribing
information; or
new text end

new text begin (3) the enrollee is currently receiving a positive therapeutic outcome on a prescription
drug for the medical condition under consideration if, while on their current health plan or
the immediately preceding health plan, the enrollee received coverage for the prescription
drug and the enrollee's prescribing health care provider gives documentation to the health
plan company that the change in prescription drug required by the step therapy protocol is
expected to be ineffective or cause harm to the enrollee based on the known characteristics
of the specific enrollee and the known characteristics of the required prescription drug.
new text end

new text begin (b) Upon granting a step therapy override, a health plan company shall authorize coverage
for the prescription drug if the prescription drug is a covered prescription drug under the
enrollee's health plan.
new text end

new text begin (c) The enrollee, or the prescribing health care provider if designated by the enrollee,
may appeal the denial of a step therapy override by a health plan company using the
complaint procedure under sections 62Q.68 to 62Q.73.
new text end

new text begin (d) In a denial of an override request and any subsequent appeal, a health plan company's
decision must specifically state why the step therapy override request did not meet the
condition under paragraph (a) cited by the prescribing health care provider in requesting
the step therapy override and information regarding the procedure to request external review
of the denial pursuant to section 62Q.73. A denial of a request for a step therapy override
that is upheld on appeal is a final adverse determination for purposes of section 62Q.73 and
is eligible for a request for external review by an enrollee pursuant to section 62Q.73.
new text end

new text begin (e) A health plan company shall respond to a step therapy override request or an appeal
within five days of receipt of a complete request. In cases where exigent circumstances
exist, a health plan company shall respond within 72 hours of receipt of a complete request.
If a health plan company does not send a response to the enrollee or prescribing health care
provider if designated by the enrollee within the time allotted, the override request or appeal
is granted and binding on the health plan company.
new text end

new text begin (f) Step therapy override requests must be accessible to and submitted by health care
providers, and accepted by group purchasers electronically through secure electronic
transmission, as described under section 62J.497, subdivision 5.
new text end

new text begin (g) Nothing in this section prohibits a health plan company from:
new text end

new text begin (1) requesting relevant documentation from an enrollee's medical record in support of
a step therapy override request; or
new text end

new text begin (2) requiring an enrollee to try a generic equivalent drug pursuant to section 151.21, or
a biosimilar, as defined under United States Code, title 42, section 262(i)(2), prior to
providing coverage for the equivalent branded prescription drug.
new text end

new text begin (h) This section shall not be construed to allow the use of a pharmaceutical sample for
the primary purpose of meeting the requirements for a step therapy override.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to health
plans offered, issued, or sold on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 151.071, subdivision 2, is amended to read:


Subd. 2.

Grounds for disciplinary action.

The following conduct is prohibited and is
grounds for disciplinary action:

(1) failure to demonstrate the qualifications or satisfy the requirements for a license or
registration contained in this chapter or the rules of the board. The burden of proof is on
the applicant to demonstrate such qualifications or satisfaction of such requirements;

(2) obtaining a license by fraud or by misleading the board in any way during the
application process or obtaining a license by cheating, or attempting to subvert the licensing
examination process. Conduct that subverts or attempts to subvert the licensing examination
process includes, but is not limited to: (i) conduct that violates the security of the examination
materials, such as removing examination materials from the examination room or having
unauthorized possession of any portion of a future, current, or previously administered
licensing examination; (ii) conduct that violates the standard of test administration, such as
communicating with another examinee during administration of the examination, copying
another examinee's answers, permitting another examinee to copy one's answers, or
possessing unauthorized materials; or (iii) impersonating an examinee or permitting an
impersonator to take the examination on one's own behalf;

(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a pharmacist
or pharmacy license, or applicant for a pharmacy technician or pharmacist intern registration,
conviction of a felony reasonably related to the practice of pharmacy. Conviction as used
in this subdivision includes a conviction of an offense that if committed in this state would
be deemed a felony without regard to its designation elsewhere, or a criminal proceeding
where a finding or verdict of guilt is made or returned but the adjudication of guilt is either
withheld or not entered thereon. The board may delay the issuance of a new license or
registration if the applicant has been charged with a felony until the matter has been
adjudicated;

(4) for a facility, other than a pharmacy, licensed or registered by the board, if an owner
or applicant is convicted of a felony reasonably related to the operation of the facility. The
board may delay the issuance of a new license or registration if the owner or applicant has
been charged with a felony until the matter has been adjudicated;

(5) for a controlled substance researcher, conviction of a felony reasonably related to
controlled substances or to the practice of the researcher's profession. The board may delay
the issuance of a registration if the applicant has been charged with a felony until the matter
has been adjudicated;

(6) disciplinary action taken by another state or by one of this state's health licensing
agencies:

(i) revocation, suspension, restriction, limitation, or other disciplinary action against a
license or registration in another state or jurisdiction, failure to report to the board that
charges or allegations regarding the person's license or registration have been brought in
another state or jurisdiction, or having been refused a license or registration by any other
state or jurisdiction. The board may delay the issuance of a new license or registration if an
investigation or disciplinary action is pending in another state or jurisdiction until the
investigation or action has been dismissed or otherwise resolved; and

(ii) revocation, suspension, restriction, limitation, or other disciplinary action against a
license or registration issued by another of this state's health licensing agencies, failure to
report to the board that charges regarding the person's license or registration have been
brought by another of this state's health licensing agencies, or having been refused a license
or registration by another of this state's health licensing agencies. The board may delay the
issuance of a new license or registration if a disciplinary action is pending before another
of this state's health licensing agencies until the action has been dismissed or otherwise
resolved;

(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation of
any order of the board, of any of the provisions of this chapter or any rules of the board or
violation of any federal, state, or local law or rule reasonably pertaining to the practice of
pharmacy;

(8) for a facility, other than a pharmacy, licensed by the board, violations of any order
of the board, of any of the provisions of this chapter or the rules of the board or violation
of any federal, state, or local law relating to the operation of the facility;

(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm the
public, or demonstrating a willful or careless disregard for the health, welfare, or safety of
a patient; or pharmacy practice that is professionally incompetent, in that it may create
unnecessary danger to any patient's life, health, or safety, in any of which cases, proof of
actual injury need not be established;

(10) aiding or abetting an unlicensed person in the practice of pharmacy, except that it
is not a violation of this clause for a pharmacist to supervise a properly registered pharmacy
technician or pharmacist intern if that person is performing duties allowed by this chapter
or the rules of the board;

(11) for an individual licensed or registered by the board, adjudication as mentally ill
or developmentally disabled, or as a chemically dependent person, a person dangerous to
the public, a sexually dangerous person, or a person who has a sexual psychopathic
personality, by a court of competent jurisdiction, within or without this state. Such
adjudication shall automatically suspend a license for the duration thereof unless the board
orders otherwise;

(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as specified
in the board's rules. In the case of a pharmacy technician, engaging in conduct specified in
board rules that would be unprofessional if it were engaged in by a pharmacist or pharmacist
intern or performing duties specifically reserved for pharmacists under this chapter or the
rules of the board;

(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on
duty except as allowed by a variance approved by the board;

(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and safety
to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other
type of material or as a result of any mental or physical condition, including deterioration
through the aging process or loss of motor skills. In the case of registered pharmacy
technicians, pharmacist interns, or controlled substance researchers, the inability to carry
out duties allowed under this chapter or the rules of the board with reasonable skill and
safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or
any other type of material or as a result of any mental or physical condition, including
deterioration through the aging process or loss of motor skills;

(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical gas
distributor, or controlled substance researcher, revealing a privileged communication from
or relating to a patient except when otherwise required or permitted by law;

(16) for a pharmacist or pharmacy, improper management of patient records, including
failure to maintain adequate patient records, to comply with a patient's request made pursuant
to sections 144.291 to 144.298, or to furnish a patient record or report required by law;

(17) fee splitting, including without limitation:

(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate,
kickback, or other form of remuneration, directly or indirectly, for the referral of patients;
and

(ii) referring a patient to any health care provider as defined in sections 144.291 to
144.298 in which the licensee or registrant has a financial or economic interest as defined
in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the
licensee's or registrant's financial or economic interest in accordance with section 144.6521;

(18) engaging in abusive or fraudulent billing practices, including violations of the
federal Medicare and Medicaid laws or state medical assistance laws or rules;

(19) engaging in conduct with a patient that is sexual or may reasonably be interpreted
by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
to a patient;

(20) failure to make reports as required by section 151.072 or to cooperate with an
investigation of the board as required by section 151.074;

(21) knowingly providing false or misleading information that is directly related to the
care of a patient unless done for an accepted therapeutic purpose such as the dispensing and
administration of a placebo;

(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:

(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
of section 609.215, subdivision 1 or 2;

(ii) a copy of the record of a judgment of contempt of court for violating an injunction
issued under section 609.215, subdivision 4;

(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or

(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.
The board shall investigate any complaint of a violation of section 609.215, subdivision 1
or 2;

(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license. For
a pharmacist intern, pharmacy technician, or controlled substance researcher, performing
duties permitted to such individuals by this chapter or the rules of the board under a lapsed
or nonrenewed registration. For a facility required to be licensed under this chapter, operation
of the facility under a lapsed or nonrenewed license or registration; deleted text beginand
deleted text end

(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or discharge
from the health professionals services program for reasons other than the satisfactory
completion of the programnew text begin; and
new text end

new text begin (25) for a manufacturer or wholesale drug distributor, a violation of section 151.462new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2016, section 151.214, subdivision 2, is amended to read:


Subd. 2.

No prohibition on disclosure.

No contracting agreement between an
employer-sponsored health plan or health plan company, or its contracted pharmacy benefit
manager, and a resident or nonresident pharmacy deleted text beginregistereddeleted text endnew text begin licensednew text end under this chapter,
may prohibit deleted text beginthedeleted text endnew text begin:
new text end

new text begin (1) anew text end pharmacy from disclosing to patients information a pharmacy is required or given
the option to provide under subdivision 1new text begin; or
new text end

new text begin (2) a pharmacist from informing a patient when the amount the patient is required to
pay under the patient's health plan for a particular drug is greater than the amount the patient
would be required to pay for the same drug if purchased out-of-pocket at the pharmacy's
usual and customary price
new text end.

Sec. 5.

new text begin [151.462] PROHIBITION AGAINST PRICE GOUGING FOR ESSENTIAL
OFF-PATENT OR GENERIC DRUGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following definitions
apply.
new text end

new text begin (b) "Essential off-patent or generic drug" means any prescription drug:
new text end

new text begin (1) for which all exclusive marketing rights, if any, granted under the federal Food,
Drug, and Cosmetic Act, United States Code, title 21, chapter 9; section 351 of the federal
Public Health Service Act, United States Code, title 42, section 262; and federal patent law
have expired;
new text end

new text begin (2) that has been designated by the board or commissioner of human services as an
essential medicine due to its efficacy in treating a life-threatening health condition or a
chronic health condition that substantially impairs an individual's ability to engage in
activities of daily living;
new text end

new text begin (3) that is actively manufactured and marketed for sale in the United States by three or
fewer manufacturers; and
new text end

new text begin (4) that is made available for sale in the state of Minnesota.
new text end

new text begin Essential off-patent or generic drug includes any drug-device combination product used for
the delivery of a drug for which all exclusive marketing rights, if any, granted under the
federal Food, Drug, and Cosmetic Act, section 351 of the federal Public Health Service
Act, and federal patent law have expired.
new text end

new text begin (c) "Health plan company" has the meaning provided in section 62Q.01, subdivision 4.
new text end

new text begin (d) "Price gouging" means an unconscionable increase in the price of a prescription
drug.
new text end

new text begin (e) "Unconscionable increase" means an increase in the price of a prescription drug that:
new text end

new text begin (1) is excessive and not justified by the cost of producing the drug or the cost of
appropriate expansion of access to the drug to promote public health; and
new text end

new text begin (2) results in consumers for whom the drug has been prescribed, the commissioner of
human services, and health plan companies having no meaningful choice about whether to
purchase the drug at an excessive price because of:
new text end

new text begin (i) the importance of the drug to the health of the consumer; and
new text end

new text begin (ii) insufficient competition in the market for the drug.
new text end

new text begin (f) "Wholesale acquisition cost" has the meaning given in United States Code, title 42,
section 1395w-3a.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin A manufacturer or wholesale drug distributor may not engage in
price gouging in the sale of an essential off-patent or generic drug. It is not a violation of
this subdivision for a wholesale drug distributor to increase the price of an essential off-patent
or generic drug if the price increase is directly attributable to additional costs for the drug
imposed on the wholesale drug distributor by the manufacturer of the drug.
new text end

new text begin Subd. 3. new text end

new text begin Notification of attorney general. new text end

new text begin (a) The board, the commissioner of human
services, or a health plan company may notify the attorney general of any increase in the
price of an essential off-patent or generic drug when:
new text end

new text begin (1) the price increase, by itself or in combination with other price increases:
new text end

new text begin (i) would result in an increase of 50 percent or more, compared to the preceding one-year
period, in the wholesale acquisition cost of the drug or other relevant measure of drug cost;
or
new text end

new text begin (ii) would result in an increase of 50 percent or more in the price paid by the medical
assistance or MinnesotaCare programs, or the health plan company, for the drug compared
to the preceding one-year period; and
new text end

new text begin (2)(i) a 30-day supply of the maximum recommended dosage of the drug for any
indication, according to the label for the drug approved under the federal Food, Drug, and
Cosmetic Act, would cost more than $80 at the drug's wholesale acquisition cost;
new text end

new text begin (ii) a full course of treatment with the drug, according to the label for the drug approved
under the federal Food, Drug, and Cosmetic Act, would cost more than $80 at the drug's
wholesale acquisition cost; or
new text end

new text begin (iii) if the drug is made available to consumers only in quantities that do not correspond
to a 30-day supply, a full course of treatment, or a single dose, it would cost more than $80
at the drug's wholesale acquisition cost to obtain a 30-day supply or a full course of treatment.
new text end

new text begin The commissioner of human services and the health plan company shall notify the board
of any notification to the attorney general provided under this paragraph.
new text end

new text begin (b) On request of the attorney general, the manufacturer of an essential off-patent or
generic drug identified in a notice under paragraph (a) shall, within 45 days after the request,
submit a statement to the attorney general:
new text end

new text begin (1) itemizing the components of the cost of producing the drug;
new text end

new text begin (2) identifying the circumstances and timing of any increase in materials or manufacturing
costs that caused any increase in the price of the drug within the one-year period preceding
the date of the price increase;
new text end

new text begin (3) identifying the circumstances and timing of any expenditures made by the
manufacturer to expand access to the drug and explaining any improvement in public health
associated with those expenditures; and
new text end

new text begin (4) providing any other information that the manufacturer believes to be relevant to a
determination of whether a violation of this section has occurred.
new text end

new text begin (c) The attorney general may require a manufacturer or a wholesale drug distributor to
produce any records or other documents that may be relevant to a determination of whether
a violation of this section has occurred. The attorney general or a person may use the powers
and procedures provided in this section or section 8.31.
new text end

new text begin (d) The attorney general may not bring an action for a remedy under paragraph (c) unless
the attorney general has provided the manufacturer or wholesale drug distributor an
opportunity to meet with the attorney general to offer a justification for the increase in the
price of the essential off-patent or generic drug.
new text end

new text begin (e) The attorney general shall make any information provided by a health plan company,
manufacturer, or wholesale drug distributor under paragraphs (a), (b), and (c) available to
the board upon request. Any information provided by a health plan company, manufacturer,
or wholesale drug distributor to the attorney general under paragraphs (a), (b), and (c) shall
be treated as nonpublic data under section 13.02, subdivision 9, unless the nonpublic
classification of the information is waived by the health plan company, manufacturer, or
wholesale drug distributor.
new text end

new text begin (f) In any action brought by the attorney general under paragraph (c), a person who is
alleged to have violated a requirement of this section may not assert as a defense that the
person did not deal directly with a consumer residing in the state.
new text end

new text begin Subd. 4. new text end

new text begin Private right of action. new text end

new text begin In addition to remedies otherwise provided by law,
any person injured by a violation of this section may bring a civil action and recover damages,
together with costs and disbursements, including costs of investigation and reasonable
attorney fees, and receive other equitable relief as determined by the court. The court may,
as appropriate, enter a consent judgment or decree without the finding of illegality. Any
civil action brought under this subdivision is for the benefit of the public.
new text end

new text begin Subd. 5. new text end

new text begin Personal financial liability. new text end

new text begin Notwithstanding section 3.736, the attorney general
shall be personally financially liable for all legal costs to the state resulting from any legal
proceeding that results in a state or federal court ruling that this section is not constitutional.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective contingent upon certification by the
attorney general under section 12, that the criteria in clause (1) of that section are satisfied,
but no earlier than July 1, 2018.
new text end

Sec. 6.

new text begin [151.555] PRESCRIPTION DRUG REPOSITORY PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Central repository" means a wholesale distributor that meets the requirements under
subdivision 3 and enters into a contract with the Board of Pharmacy in accordance with this
section.
new text end

new text begin (c) "Distribute" means to deliver, other than by administering or dispensing.
new text end

new text begin (d) "Donor" means:
new text end

new text begin (1) a health care facility as defined in this subdivision;
new text end

new text begin (2) a skilled nursing facility licensed under chapter 144A;
new text end

new text begin (3) an assisted living facility registered under chapter 144D where there is centralized
storage of drugs and 24-hour on-site licensed nursing coverage provided seven days a week;
new text end

new text begin (4) a pharmacy licensed under section 151.19, and located either in the state or outside
the state;
new text end

new text begin (5) a drug wholesaler licensed under section 151.47; or
new text end

new text begin (6) a drug manufacturer licensed under section 151.252.
new text end

new text begin (e) "Drug" means any prescription drug that has been approved for medical use in the
United States, is listed in the United States Pharmacopoeia or National Formulary, and
meets the criteria established under this section for donation. This definition includes cancer
drugs and antirejection drugs, but does not include controlled substances, as defined in
section 152.01, subdivision 4, or a prescription drug that can only be dispensed to a patient
registered with the drug's manufacturer in accordance with federal Food and Drug
Administration requirements.
new text end

new text begin (f) "Health care facility" means:
new text end

new text begin (1) a physician's office or health care clinic where licensed practitioners provide health
care to patients;
new text end

new text begin (2) a hospital licensed under section 144.50;
new text end

new text begin (3) a pharmacy licensed under section 151.19 and located in Minnesota; or
new text end

new text begin (4) a nonprofit community clinic, including a federally qualified health center; a rural
health clinic; public health clinic; or other community clinic that provides health care utilizing
a sliding fee scale to patients who are low-income, uninsured, or underinsured.
new text end

new text begin (g) "Local repository" means a health care facility that elects to accept donated drugs
and medical supplies and meets the requirements of subdivision 4.
new text end

new text begin (h) "Medical supplies" or "supplies" means any prescription and nonprescription medical
supply needed to administer a prescription drug.
new text end

new text begin (i) "Original, sealed, unopened, tamper-evident packaging" means packaging that is
sealed, unopened, and tamper-evident, including a manufacturer's original unit dose or
unit-of-use container, a repackager's original unit dose or unit-of-use container, or unit-dose
packaging prepared by a licensed pharmacy according to the standards of Minnesota Rules,
part 6800.3750.
new text end

new text begin (j) "Practitioner" has the meaning given in section 151.01, subdivision 23, except that
it does not include a veterinarian.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin By January 1, 2019, the Board of Pharmacy shall establish a
drug repository program, through which donors may donate a drug or medical supply for
use by an individual who meets the eligibility criteria specified under subdivision 5. The
board shall contract with a central repository that meets the requirements of subdivision 3
to implement and administer the prescription drug repository program.
new text end

new text begin Subd. 3. new text end

new text begin Central repository requirements. new text end

new text begin (a) The board shall publish a request for
proposal for participants who meet the requirements of this subdivision and are interested
in acting as the central repository for the drug repository program. The board shall follow
all applicable state procurement procedures in the selection process.
new text end

new text begin (b) To be eligible to act as the central repository, the participant must be a wholesale
drug distributor located in Minnesota, licensed pursuant to section 151.47, and in compliance
with all applicable federal and state statutes, rules, and regulations.
new text end

new text begin (c) The central repository shall be subject to inspection by the board pursuant to section
151.06, subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Local repository requirements. new text end

new text begin (a) To be eligible for participation in the drug
repository program, a health care facility must agree to comply with all applicable federal
and state laws, rules, and regulations pertaining to the drug repository program, drug storage,
and dispensing. The facility must also agree to maintain in good standing any required state
license or registration that may apply to the facility.
new text end

new text begin (b) A local repository may elect to participate in the program by submitting the following
information to the central repository on a form developed by the board and made available
on the board's Web site:
new text end

new text begin (1) the name, street address, and telephone number of the health care facility and any
state-issued license or registration number issued to the facility, including the issuing state
agency;
new text end

new text begin (2) the name and telephone number of a responsible pharmacist or practitioner who is
employed by or under contract with the health care facility; and
new text end

new text begin (3) a statement signed and dated by the responsible pharmacist or practitioner indicating
that the health care facility meets the eligibility requirements under this section and agrees
to comply with this section.
new text end

new text begin (c) Participation in the drug repository program is voluntary. A local repository may
withdraw from participation in the drug repository program at any time by providing written
notice to the central repository on a form developed by the board and made available on
the board's Web site. The central repository shall provide the board with a copy of the
withdrawal notice within ten business days from the date of receipt of the withdrawal notice.
new text end

new text begin Subd. 5. new text end

new text begin Individual eligibility and application requirements. new text end

new text begin (a) To be eligible for
the drug repository program, an individual must submit to a local repository an intake
application form that is signed by the individual and attests that the individual:
new text end

new text begin (1) is a resident of Minnesota;
new text end

new text begin (2) is uninsured, has no prescription drug coverage, or is underinsured;
new text end

new text begin (3) acknowledges that the drugs or medical supplies to be received through the program
may have been donated; and
new text end

new text begin (4) consents to a waiver of the child-resistant packaging requirements of the federal
Poison Prevention Packaging Act.
new text end

new text begin (b) Upon determining that an individual is eligible for the program, the local repository
shall furnish the individual with an identification card. The card shall be valid for one year
from the date of issuance and may be used at any local repository. A new identification card
may be issued upon expiration once the individual submits a new application form.
new text end

new text begin (c) The local repository shall send a copy of the intake application form to the central
repository by regular mail, facsimile, or secured e-mail within ten days from the date the
application is approved by the local repository.
new text end

new text begin (d) The board shall develop and make available on the board's Web site an application
form and the format for the identification card.
new text end

new text begin Subd. 6. new text end

new text begin Standards and procedures for accepting donations of drugs and supplies.
new text end

new text begin (a) A donor may donate prescription drugs or medical supplies to the central repository or
a local repository if the drug or supply meets the requirements of this section as determined
by a pharmacist or practitioner who is employed by or under contract with the central
repository or a local repository.
new text end

new text begin (b) A prescription drug is eligible for donation under the drug repository program if the
following requirements are met:
new text end

new text begin (1) the donation is accompanied by a drug repository donor form described under
paragraph (d) that is signed by an individual who is authorized by the donor to attest to the
donor's knowledge in accordance with paragraph (d);
new text end

new text begin (2) the drug's expiration date is at least six months after the date the drug was donated.
If a donated drug bears an expiration date that is less than six months from the donation
date, the drug may be accepted and distributed if the drug is in high demand and can be
dispensed for use by a patient before the drug's expiration date;
new text end

new text begin (3) the drug is in its original, sealed, unopened, tamper-evident packaging that includes
the expiration date. Single-unit-dose drugs may be accepted if the single-unit-dose packaging
is unopened;
new text end

new text begin (4) the drug or the packaging does not have any physical signs of tampering, misbranding,
deterioration, compromised integrity, or adulteration;
new text end

new text begin (5) the drug does not require storage temperatures other than normal room temperature
as specified by the manufacturer or United States Pharmacopoeia, unless the drug is being
donated directly by its manufacturer, a wholesale drug distributor, or a pharmacy located
in Minnesota; and
new text end

new text begin (6) the prescription drug is not a controlled substance.
new text end

new text begin (c) A medical supply is eligible for donation under the drug repository program if the
following requirements are met:
new text end

new text begin (1) the supply has no physical signs of tampering, misbranding, or alteration and there
is no reason to believe it has been adulterated, tampered with, or misbranded;
new text end

new text begin (2) the supply is in its original, unopened, sealed packaging;
new text end

new text begin (3) the donation is accompanied by a drug repository donor form described under
paragraph (d) that is signed by an individual who is authorized by the donor to attest to the
donor's knowledge in accordance with paragraph (d); and
new text end

new text begin (4) if the supply bears an expiration date, the date is at least six months later than the
date the supply was donated. If the donated supply bears an expiration date that is less than
six months from the date the supply was donated, the supply may be accepted and distributed
if the supply is in high demand and can be dispensed for use by a patient before the supply's
expiration date.
new text end

new text begin (d) The board shall develop the drug repository donor form and make it available on the
board's Web site. The form must state that to the best of the donor's knowledge the donated
drug or supply has been properly stored and that the drug or supply has never been opened,
used, tampered with, adulterated, or misbranded.
new text end

new text begin (e) Donated drugs and supplies may be shipped or delivered to the premises of the central
repository or a local repository, and shall be inspected by a pharmacist or an authorized
practitioner who is employed by or under contract with the repository and who has been
designated by the repository to accept donations. A drop box must not be used to deliver
or accept donations.
new text end

new text begin (f) The central repository and local repository shall inventory all drugs and supplies
donated to the repository. For each drug, the inventory must include the drug's name, strength,
quantity, manufacturer, expiration date, and the date the drug was donated. For each medical
supply, the inventory must include a description of the supply, its manufacturer, the date
the supply was donated, and, if applicable, the supply's brand name and expiration date.
new text end

new text begin Subd. 7. new text end

new text begin Standards and procedures for inspecting and storing donated prescription
drugs and supplies.
new text end

new text begin (a) A pharmacist or authorized practitioner who is employed by or
under contract with the central repository or a local repository shall inspect all donated
prescription drugs and supplies to determine, to the extent reasonably possible in the
professional judgment of the pharmacist or practitioner, that the drug or supply is not
adulterated or misbranded, has not been tampered with, is safe and suitable for dispensing,
and meets the requirements for donation. The pharmacist or practitioner who inspects the
drugs or supplies shall sign an inspection record stating that the requirements for donation
have been met. If a local repository receives drugs and supplies from the central repository,
the local repository does not need to reinspect the drugs and supplies.
new text end

new text begin (b) The central repository and local repositories shall store donated drugs and supplies
in a secure storage area under environmental conditions appropriate for the drug or supply
being stored. Donated drugs and supplies may not be stored with nondonated inventory. If
donated drugs or supplies are not inspected immediately upon receipt, a repository must
quarantine the donated drugs or supplies separately from all dispensing stock until the
donated drugs or supplies have been inspected and approved for dispensing under the
program.
new text end

new text begin (c) The central repository and local repositories shall dispose of all prescription drugs
and medical supplies that are not suitable for donation in compliance with applicable federal
and state statutes, regulations, and rules concerning hazardous waste.
new text end

new text begin (d) In the event that controlled substances or prescription drugs that can only be dispensed
to a patient registered with the drug's manufacturer are shipped or delivered to a central or
local repository for donation, the shipment delivery must be documented by the repository
and returned immediately to the donor or the donor's representative that provided the drugs.
new text end

new text begin (e) Each repository must develop drug and medical supply recall policies and procedures.
If a repository receives a recall notification, the repository shall destroy all of the drug or
medical supply in its inventory that is the subject of the recall and complete a record of
destruction form in accordance with paragraph (f). If a drug or medical supply that is the
subject of a Class I or Class II recall has been dispensed, the repository shall immediately
notify the recipient of the recalled drug or medical supply. A drug that potentially is subject
to a recall need not be destroyed if its packaging bears a lot number and that lot of the drug
is not subject to the recall. If no lot number is on the drug's packaging, it must be destroyed.
new text end

new text begin (f) A record of destruction of donated drugs and supplies that are not dispensed under
subdivision 8, are subject to a recall under paragraph (e), or are not suitable for donation
shall be maintained by the repository for at least five years. For each drug or supply
destroyed, the record shall include the following information:
new text end

new text begin (1) the date of destruction;
new text end

new text begin (2) the name, strength, and quantity of the drug destroyed; and
new text end

new text begin (3) the name of the person or firm that destroyed the drug.
new text end

new text begin Subd. 8. new text end

new text begin Dispensing requirements. new text end

new text begin (a) Donated drugs and supplies may be dispensed
if the drugs or supplies are prescribed by a practitioner for use by an eligible individual and
are dispensed by a pharmacist or practitioner. A repository shall dispense drugs and supplies
to eligible individuals in the following priority order: (1) individuals who are uninsured;
(2) individuals with no prescription drug coverage; and (3) individuals who are underinsured.
A repository shall dispense donated prescription drugs in compliance with applicable federal
and state laws and regulations for dispensing prescription drugs, including all requirements
relating to packaging, labeling, record keeping, drug utilization review, and patient
counseling.
new text end

new text begin (b) Before dispensing or administering a drug or supply, the pharmacist or practitioner
shall visually inspect the drug or supply for adulteration, misbranding, tampering, and date
of expiration. Drugs or supplies that have expired or appear upon visual inspection to be
adulterated, misbranded, or tampered with in any way must not be dispensed or administered.
new text end

new text begin (c) Before a drug or supply is dispensed or administered to an individual, the individual
must sign a drug repository recipient form acknowledging that the individual understands
the information stated on the form. The board shall develop the form and make it available
on the board's Web site. The form must include the following information:
new text end

new text begin (1) that the drug or supply being dispensed or administered has been donated and may
have been previously dispensed;
new text end

new text begin (2) that a visual inspection has been conducted by the pharmacist or practitioner to ensure
that the drug or supply has not expired, has not been adulterated or misbranded, and is in
its original, unopened packaging; and
new text end

new text begin (3) that the dispensing pharmacist, the dispensing or administering practitioner, the
central repository or local repository, the Board of Pharmacy, and any other participant of
the drug repository program cannot guarantee the safety of the drug or medical supply being
dispensed or administered and that the pharmacist or practitioner has determined that the
drug or supply is safe to dispense or administer based on the accuracy of the donor's form
submitted with the donated drug or medical supply and the visual inspection required to be
performed by the pharmacist or practitioner before dispensing or administering.
new text end

new text begin Subd. 9. new text end

new text begin Handling fees. new text end

new text begin (a) The central or local repository may charge the individual
receiving a drug or supply a handling fee of no more than 250 percent of the medical
assistance program dispensing fee for each drug or medical supply dispensed or administered
by that repository.
new text end

new text begin (b) A repository that dispenses or administers a drug or medical supply through the drug
repository program shall not receive reimbursement under the medical assistance program
or the MinnesotaCare program for that dispensed or administered drug or supply.
new text end

new text begin Subd. 10. new text end

new text begin Distribution of donated drugs and supplies. new text end

new text begin (a) The central repository and
local repositories may distribute drugs and supplies donated under the drug repository
program to other participating repositories for use pursuant to this program.
new text end

new text begin (b) A local repository that elects not to dispense donated drugs or supplies must transfer
all donated drugs and supplies to the central repository. A copy of the donor form that was
completed by the original donor under subdivision 6 must be provided to the central
repository at the time of transfer.
new text end

new text begin Subd. 11. new text end

new text begin Forms and record-keeping requirements. new text end

new text begin (a) The following forms developed
for the administration of this program shall be utilized by the participants of the program
and shall be available on the board's Web site:
new text end

new text begin (1) intake application form described under subdivision 5;
new text end

new text begin (2) local repository participation form described under subdivision 4;
new text end

new text begin (3) local repository withdrawal form described under subdivision 4;
new text end

new text begin (4) drug repository donor form described under subdivision 6;
new text end

new text begin (5) record of destruction form described under subdivision 7; and
new text end

new text begin (6) drug repository recipient form described under subdivision 8.
new text end

new text begin (b) All records, including drug inventory, inspection, and disposal of donated prescription
drugs and medical supplies must be maintained by a repository for a minimum of five years.
Records required as part of this program must be maintained pursuant to all applicable
practice acts.
new text end

new text begin (c) Data collected by the drug repository program from all local repositories shall be
submitted quarterly or upon request to the central repository. Data collected may consist of
the information, records, and forms required to be collected under this section.
new text end

new text begin (d) The central repository shall submit reports to the board as required by the contract
or upon request of the board.
new text end

new text begin Subd. 12. new text end

new text begin Liability. new text end

new text begin (a) The manufacturer of a drug or supply is not subject to criminal
or civil liability for injury, death, or loss to a person or to property for causes of action
described in clauses (1) and (2). A manufacturer is not liable for:
new text end

new text begin (1) the intentional or unintentional alteration of the drug or supply by a party not under
the control of the manufacturer; or
new text end

new text begin (2) the failure of a party not under the control of the manufacturer to transfer or
communicate product or consumer information or the expiration date of the donated drug
or supply.
new text end

new text begin (b) A health care facility participating in the program, a pharmacist dispensing a drug
or supply pursuant to the program, a practitioner dispensing or administering a drug or
supply pursuant to the program, or a donor of a drug or medical supply is immune from
civil liability for an act or omission that causes injury to or the death of an individual to
whom the drug or supply is dispensed and no disciplinary action by a health-related licensing
board shall be taken against a pharmacist or practitioner so long as the drug or supply is
donated, accepted, distributed, and dispensed according to the requirements of this section.
This immunity does not apply if the act or omission involves reckless, wanton, or intentional
misconduct, or malpractice unrelated to the quality of the drug or medical supply.
new text end

Sec. 7.

Minnesota Statutes 2016, section 151.71, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Lowest cost to consumers. new text end

new text begin (a) A health plan company or pharmacy benefits
manager shall not require an individual to make a payment at the point of sale for a covered
prescription medication in an amount greater than the allowable cost to consumers, as
defined in paragraph (b).
new text end

new text begin (b) For purposes of paragraph (a), "allowable cost to consumers" means the lowest of:
(1) the applicable co-payment for the prescription medication; or (2) the amount an individual
would pay for the prescription medication if the individual purchased the prescription
medication without using a health plan benefit.
new text end

Sec. 8.

Minnesota Statutes 2017 Supplement, section 152.105, subdivision 2, is amended
to read:


Subd. 2.

Sheriff to maintain collection receptacle.

The sheriff of each county shall
maintain or contract for the maintenance of at least one collection receptacle for the disposal
of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs,
as permitted by federal law. For purposes of this section, "legend drug" has the meaning
given in section 151.01, subdivision 17. The collection receptacle must comply with federal
law. In maintaining and operating the collection receptacle, the sheriff shall follow all
applicable provisions of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305,
1307, and 1317, as amended through May 1, 2017.new text begin The sheriff of each county may meet
the requirements of this subdivision though the use of an alternative method for the disposal
of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs
that has been approved by the Board of Pharmacy. This may include making available to
the public, without charge, at-home prescription drug deactivation and disposal products
that render drugs and medications inert and irretrievable.
new text end

Sec. 9.

Minnesota Statutes 2016, section 152.11, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Limitations on the dispensing of opioid prescription drug orders. new text end

new text begin (a) No
prescription drug order for an opioid drug listed in Schedule II may be dispensed by a
pharmacist or other dispenser more than 30 days after the date on which the prescription
drug order was issued.
new text end

new text begin (b) No prescription drug order for an opioid drug listed in Schedules III through V may
be initially dispensed by a pharmacist or other dispenser more than 30 days after the date
on which the prescription drug order was issued. No prescription drug order for an opioid
drug listed in Schedules III through V may be refilled by a pharmacist or other dispenser
more than 45 days after the previous date on which it was dispensed.
new text end

new text begin (c) For purposes of this section, "dispenser" has the meaning given in section 152.126,
subdivision 1.
new text end

Sec. 10. new text beginSTUDENT HEALTH INITIATIVE TO LIMIT OPIOID HARM.
new text end

new text begin Subdivision 1. new text end

new text begin Grant awards. new text end

new text begin The commissioner of human services, in consultation
with the commissioner of education, the Board of Trustees of the Minnesota State Colleges
and Universities, the Board of Directors of the Minnesota Private College Council, and the
regents of the University of Minnesota, shall develop and administer a program to award
grants to secondary school students in grades 7 through 12 and undergraduate students
attending a Minnesota postsecondary educational institution, and their community partner
or partners, to conduct opioid awareness and opioid abuse prevention activities. If a grant
proposal includes more than one community partner, the proposal must designate a primary
community partner. Grant applications must be submitted by the primary community partner
and any grant award must be managed by the primary community partner on behalf of
secondary school and undergraduate student applicants and grantees. Grants shall be awarded
for a fiscal year and are onetime.
new text end

new text begin Subd. 2. new text end

new text begin Grant criteria. new text end

new text begin (a) Grant dollars may be used for opioid awareness campaigns
and events, education related to opioid addiction and abuse prevention, initiatives to limit
inappropriate opioid prescriptions, peer education programs targeted to students at high risk
of opioid addiction and abuse, and other related initiatives as approved by the commissioner.
Grant projects must include one or more of the following components as they relate to opioid
abuse and prevention and the role of the community partner: high-risk populations, law
enforcement, education, clinical services, or social services.
new text end

new text begin (b) The commissioner of human services shall seek to provide grant funding for at least
one proposal that addresses opioid abuse in the American Indian community.
new text end

new text begin Subd. 3. new text end

new text begin Community partners. new text end

new text begin For purposes of the grant program, community partners
may include but are not limited to public health agencies; local law enforcement; community
health centers; medical clinics; emergency medical service professionals; schools and
postsecondary educational institutions; opioid addiction, advocacy, and recovery
organizations; tribal governments; local chambers of commerce; and city councils and
county boards.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The commissioner of human services shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services policy and finance, K-12 education policy and finance, and higher education
policy and finance by September 1, 2019, on the implementation of the grant program and
the grants awarded under this section.
new text end

new text begin Subd. 5. new text end

new text begin Federal grants. new text end

new text begin (a) The commissioner of human services shall apply for any
federal grant funding that aligns with the purposes of this section. The commissioner shall
submit to the legislature any changes to the program established under this section that are
necessary to comply with the terms of the federal grant.
new text end

new text begin (b) The commissioner shall notify the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy and finance,
K-12 education policy and finance, and higher education policy and finance of any grant
applications submitted and any federal actions taken related to the grant applications.
new text end

Sec. 11. new text beginOPIOID OVERDOSE REDUCTION PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of health shall provide grants to
ambulance services to fund activities by community paramedic teams to reduce opioid
overdoses in the state. Under this pilot program, ambulance services shall develop and
implement projects in which community paramedics connect with patients who are discharged
from a hospital or emergency department following an opioid overdose episode, develop
personalized care plans for those patients in consultation with the ambulance service medical
director, and provide follow-up services to those patients.
new text end

new text begin Subd. 2. new text end

new text begin Priority areas; services. new text end

new text begin (a) In a project developed under this section, an
ambulance service must target community paramedic team services to portions of the service
area with high levels of opioid use, high death rates from opioid overdoses, and urgent needs
for interventions.
new text end

new text begin (b) In a project developed under this section, a community paramedic team shall:
new text end

new text begin (1) provide services to patients released from a hospital following an opioid overdose
episode and place priority on serving patients who were administered the opiate antagonist
naloxone hydrochloride by emergency medical services personnel in response to a 911 call
during the opioid overdose episode;
new text end

new text begin (2) provide the following evaluations during an initial home visit: a home safety
assessment including whether there is a need to dispose of prescription drugs that are expired
or no longer needed; medication reconciliation; an HIV risk assessment; instruction on the
use of naloxone hydrochloride; and a basic needs assessment;
new text end

new text begin (3) provide patients with health assessments, medication management, chronic disease
monitoring and education, and assistance in following hospital discharge orders; and
new text end

new text begin (4) work with a multidisciplinary team to address the overall physical and mental health
needs of patients and health needs related to substance use disorder treatment.
new text end

new text begin Subd. 3. new text end

new text begin Evaluation. new text end

new text begin An ambulance service that receives a grant under this section must
evaluate the extent to which the project was successful in reducing the number of opioid
overdoses and opioid overdose deaths among patients who received services and in reducing
the inappropriate use of opioids by patients who received services. The commissioner of
health shall develop specific evaluation measures and reporting timelines for ambulance
services receiving grants. Ambulance services must submit the information required by the
commissioner to the commissioner and the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services by December 1,
2019.
new text end

Sec. 12. new text beginCERTIFICATION BY THE ATTORNEY GENERAL.
new text end

new text begin The attorney general shall analyze whether implementation of Minnesota Statutes, section
151.462, would be constitutional under the United States Constitution and the Minnesota
Constitution. Upon completion of this analysis, the attorney general shall certify that either:
new text end

new text begin (1) implementation of the section would be constitutional; or
new text end

new text begin (2) implementation of the section would not be constitutional.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 151.55, new text end new text begin is repealed.
new text end


ARTICLE 5

COMMUNITY SUPPORTS AND CONTINUING CARE

Section 1.

Minnesota Statutes 2017 Supplement, section 245A.03, subdivision 7, is
amended to read:


Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult
foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter
for a physical location that will not be the primary residence of the license holder for the
entire period of licensure. If a license is issued during this moratorium, and the license
holder changes the license holder's primary residence away from the physical location of
the foster care license, the commissioner shall revoke the license according to section
245A.07. The commissioner shall not issue an initial license for a community residential
setting licensed under chapter 245D. When approving an exception under this paragraph,
the commissioner shall consider the resource need determination process in paragraph (h),
the availability of foster care licensed beds in the geographic area in which the licensee
seeks to operate, the results of a person's choices during their annual assessment and service
plan review, and the recommendation of the local county board. The determination by the
commissioner is final and not subject to appeal. Exceptions to the moratorium include:

(1) foster care settings that are required to be registered under chapter 144D;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);

(3) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,
or regional treatment center; restructuring of state-operated services that limits the capacity
of state-operated facilities; or allowing movement to the community for people who no
longer require the level of care provided in state-operated facilities as provided under section
256B.092, subdivision 13, or 256B.49, subdivision 24;

(4) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for persons requiring hospital level care;

(5) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner for the transition of people from personal care assistance to
the home and community-based services;

(6) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner for the transition of people from the residential care waiver
services to foster care services. This exception applies only when:

(i) the person's case manager provided the person with information about the choice of
service, service provider, and location of service to help the person make an informed choice;
and

(ii) the person's foster care services are less than or equal to the cost of the person's
services delivered in the residential care waiver service setting as determined by the lead
agency; deleted text beginor
deleted text end

(7) new foster care licenses or community residential setting licenses for people receiving
services under chapter 245D and residing in an unlicensed setting before May 1, 2017, and
for which a license is required. This exception does not apply to people living in their own
home. For purposes of this clause, there is a presumption that a foster care or community
residential setting license is required for services provided to three or more people in a
dwelling unit when the setting is controlled by the provider. A license holder subject to this
exception may rebut the presumption that a license is required by seeking a reconsideration
of the commissioner's determination. The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter 14. The exception is available
until June 30, deleted text begin2018deleted text endnew text begin 2019new text end. This exception is available when:

(i) the person's case manager provided the person with information about the choice of
service, service provider, and location of service, including in the person's home, to help
the person make an informed choice; and

(ii) the person's services provided in the licensed foster care or community residential
setting are less than or equal to the cost of the person's services delivered in the unlicensed
setting as determined by the lead agencydeleted text begin.deleted text endnew text begin; or
new text end

new text begin (8) a vacancy in a setting granted an exception under clause (7) may receive an exception
created by a person receiving services under chapter 245D and residing in the unlicensed
setting between January 1, 2017, and May 1, 2017, for which a vacancy occurs between
January 1, 2017, and the date of the exception request. This exception is available when the
lead agency provides documentation to the commissioner on the eligibility criteria being
met. This exception is available until June 30, 2019.
new text end

(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings as defined under this subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the area in which
the licensee seeks to operate, and the recommendation of the local county board. The
determination by the commissioner must be final. A determination of need is not required
for a change in ownership at the same address.

(c) When an adult resident served by the program moves out of a foster home that is not
the primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.

(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) shall be exempt if the license holder's beds are occupied by
residents whose primary diagnosis is mental illness and the license holder is certified under
the requirements in subdivision 6a or section 245D.33.

(e) A resource need determination process, managed at the state level, using the available
reports required by section 144A.351, and other data and information shall be used to
determine where the reduced capacity determined under section 256B.493 will be
implemented. The commissioner shall consult with the stakeholders described in section
144A.351, and employ a variety of methods to improve the state's capacity to meet the
informed decisions of those people who want to move out of corporate foster care or
community residential settings, long-term service needs within budgetary limits, including
seeking proposals from service providers or lead agencies to change service type, capacity,
or location to improve services, increase the independence of residents, and better meet
needs identified by the long-term services and supports reports and statewide data and
information.

(f) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.

(g) License holders of foster care homes identified under paragraph (f) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under section 256B.0915, 256B.092, or 256B.49, must inform the human services
licensing division that the license holder provides or intends to provide these waiver-funded
services.

(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493. Annually, by August 1, the commissioner shall provide
information and data on capacity of licensed long-term services and supports, actions taken
under the subdivision to manage statewide long-term services and supports resources, and
any recommendations for change to the legislative committees with jurisdiction over the
health and human services budget.

(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 245A.11, subdivision 2a, is amended
to read:


Subd. 2a.

Adult foster care and community residential setting license capacity.

(a)
The commissioner shall issue adult foster care and community residential setting licenses
with a maximum licensed capacity of four beds, including nonstaff roomers and boarders,
except that the commissioner may issue a license with a capacity of five beds, including
roomers and boarders, according to paragraphs (b) to (g).

(b) The license holder may have a maximum license capacity of five if all persons in
care are age 55 or over and do not have a serious and persistent mental illness or a
developmental disability.

(c) The commissioner may grant variances to paragraph (b) to allow a facility with a
licensed capacity of up to five persons to admit an individual under the age of 55 if the
variance complies with section 245A.04, subdivision 9, and approval of the variance is
recommended by the county in which the licensed facility is located.

(d) The commissioner may grant variances to paragraph (a) to allow the use of an
additional bed, up to five, for emergency crisis services for a person with serious and
persistent mental illness or a developmental disability, regardless of age, if the variance
complies with section 245A.04, subdivision 9, and approval of the variance is recommended
by the county in which the licensed facility is located.

(e) The commissioner may grant a variance to paragraph (b) to allow for the use of an
additional bed, up to five, for respite services, as defined in section 245A.02, for persons
with disabilities, regardless of age, if the variance complies with sections 245A.03,
subdivision 7
, and 245A.04, subdivision 9, and approval of the variance is recommended
by the county in which the licensed facility is located. Respite care may be provided under
the following conditions:

(1) staffing ratios cannot be reduced below the approved level for the individuals being
served in the home on a permanent basis;

(2) no more than two different individuals can be accepted for respite services in any
calendar month and the total respite days may not exceed 120 days per program in any
calendar year;

(3) the person receiving respite services must have his or her own bedroom, which could
be used for alternative purposes when not used as a respite bedroom, and cannot be the
room of another person who lives in the facility; and

(4) individuals living in the facility must be notified when the variance is approved. The
provider must give 60 days' notice in writing to the residents and their legal representatives
prior to accepting the first respite placement. Notice must be given to residents at least two
days prior to service initiation, or as soon as the license holder is able if they receive notice
of the need for respite less than two days prior to initiation, each time a respite client will
be served, unless the requirement for this notice is waived by the resident or legal guardian.

(f) The commissioner may issue an adult foster care or community residential setting
license with a capacity of five adults if the fifth bed does not increase the overall statewide
capacity of licensed adult foster care or community residential setting beds in homes that
are not the primary residence of the license holder, as identified in a plan submitted to the
commissioner by the county, when the capacity is recommended by the county licensing
agency of the county in which the facility is located and if the recommendation verifies
that:

(1) the facility meets the physical environment requirements in the adult foster care
licensing rule;

(2) the five-bed living arrangement is specified for each resident in the resident's:

(i) individualized plan of care;

(ii) individual service plan under section 256B.092, subdivision 1b, if required; or

(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105,
subpart 19, if required;

(3) the license holder obtains written and signed informed consent from each resident
or resident's legal representative documenting the resident's informed choice to remain
living in the home and that the resident's refusal to consent would not have resulted in
service termination; and

(4) the facility was licensed for adult foster care before deleted text beginMarch 1, 2011deleted text endnew text begin June 30, 2016new text end.

(g) The commissioner shall not issue a new adult foster care license under paragraph (f)
after June 30, deleted text begin2019deleted text endnew text begin 2021new text end. The commissioner shall allow a facility with an adult foster care
license issued under paragraph (f) before June 30, deleted text begin2019deleted text endnew text begin 2021new text end, to continue with a capacity
of five adults if the license holder continues to comply with the requirements in paragraph
(f).

Sec. 3.

Minnesota Statutes 2017 Supplement, section 245D.03, subdivision 1, is amended
to read:


Subdivision 1.

Applicability.

(a) The commissioner shall regulate the provision of home
and community-based services to persons with disabilities and persons age 65 and older
pursuant to this chapter. The licensing standards in this chapter govern the provision of
basic support services and intensive support services.

(b) Basic support services provide the level of assistance, supervision, and care that is
necessary to ensure the health and welfare of the person and do not include services that
are specifically directed toward the training, treatment, habilitation, or rehabilitation of the
person. Basic support services include:

(1) in-home and out-of-home respite care services as defined in section 245A.02,
subdivision 15, and under the brain injury, community alternative care, community access
for disability inclusion, developmental deleted text begindisabilitydeleted text end new text begindisabilitiesnew text end, and elderly waiver plans,
excluding out-of-home respite care provided to children in a family child foster care home
licensed under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care
license holder complies with the requirements under section 245D.06, subdivisions 5, 6, 7,
and 8, or successor provisions; and section 245D.061 or successor provisions, which must
be stipulated in the statement of intended use required under Minnesota Rules, part
2960.3000, subpart 4;

(2) adult companion services as defined under the brain injury, community access for
disability inclusion, new text begincommunity alternative care, new text endand elderly waiver plans, excluding adult
companion services provided under the Corporation for National and Community Services
Senior Companion Program established under the Domestic Volunteer Service Act of 1973,
Public Law 98-288;

(3) personal support as defined under the developmental deleted text begindisabilitydeleted text end new text begindisabilitiesnew text end waiver
plan;

(4) 24-hour emergency assistance, personal emergency response as defined under the
community access for disability inclusion and developmental deleted text begindisabilitydeleted text end new text begindisabilitiesnew text end waiver
plans;

(5) night supervision services as defined under the brain injurynew text begin, community access for
disability inclusion, community alternative care, and developmental disabilities
new text end waiver deleted text beginplandeleted text endnew text begin
plans
new text end;

(6) homemaker services as defined under the community access for disability inclusion,
brain injury, community alternative care, developmental deleted text begindisabilitydeleted text end new text begindisabilitiesnew text end, and elderly
waiver plans, excluding providers licensed by the Department of Health under chapter 144A
and those providers providing cleaning services only; and

(7) individual community living support under section 256B.0915, subdivision 3j.

(c) Intensive support services provide assistance, supervision, and care that is necessary
to ensure the health and welfare of the person and services specifically directed toward the
training, habilitation, or rehabilitation of the person. Intensive support services include:

(1) intervention services, including:

(i) deleted text beginbehavioraldeleted text endnew text begin positivenew text end support services as defined under the brain injury deleted text beginanddeleted text endnew text begin,new text end community
access for disability inclusionnew text begin, community alternative care, and developmental disabilitiesnew text end
waiver plans;

(ii) in-home or out-of-home crisis respite services as defined under the new text beginbrain injury,
community access for disability inclusion, community alternative care, and
new text enddevelopmental
deleted text begin disabilitydeleted text end new text begindisabilitiesnew text end waiver deleted text beginplandeleted text endnew text begin plansnew text end; and

(iii) specialist services as defined under the current new text beginbrain injury, community access for
disability inclusion, community alternative care, and
new text enddevelopmental deleted text begindisabilitydeleted text end new text begindisabilitiesnew text end
waiver deleted text beginplandeleted text endnew text begin plansnew text end;

(2) in-home support services, including:

(i) in-home family support and supported living services as defined under the
developmental deleted text begindisabilitydeleted text end new text begindisabilitiesnew text end waiver plan;

(ii) independent living services training as defined under the brain injury and community
access for disability inclusion waiver plans;

(iii) semi-independent living services; and

(iv) individualized home supports services as defined under the brain injury, community
alternative care, and community access for disability inclusion waiver plans;

(3) residential supports and services, including:

(i) supported living services as defined under the developmental deleted text begindisabilitydeleted text end new text begindisabilitiesnew text end
waiver plan provided in a family or corporate child foster care residence, a family adult
foster care residence, a community residential setting, or a supervised living facility;

(ii) foster care services as defined in the brain injury, community alternative care, and
community access for disability inclusion waiver plans provided in a family or corporate
child foster care residence, a family adult foster care residence, or a community residential
setting; and

(iii) residential services provided to more than four persons with developmental
disabilities in a supervised living facility, including ICFs/DD;

(4) day services, including:

(i) structured day services as defined under the brain injury waiver plan;

(ii) day training and habilitation services under sections 252.41 to 252.46, and as defined
under the developmental deleted text begindisabilitydeleted text end new text begindisabilitiesnew text end waiver plan; and

(iii) prevocational services as defined under the brain injury and community access for
disability inclusion waiver plans; and

(5) employment exploration services as defined under the brain injury, community
alternative care, community access for disability inclusion, and developmental deleted text begindisabilitydeleted text end
new text begin disabilitiesnew text end waiver plans;

(6) employment development services as defined under the brain injury, community
alternative care, community access for disability inclusion, and developmental deleted text begindisabilitydeleted text end
new text begin disabilitiesnew text end waiver plans; and

(7) employment support services as defined under the brain injury, community alternative
care, community access for disability inclusion, and developmental deleted text begindisabilitydeleted text end new text begindisabilitiesnew text end
waiver plans.

Sec. 4.

Minnesota Statutes 2016, section 245D.071, subdivision 5, is amended to read:


Subd. 5.

Service plan review and evaluation.

(a) The license holder must give the
person or the person's legal representative and case manager an opportunity to participate
in the ongoing review and development of the service plan and the methods used to support
the person and accomplish outcomes identified in subdivisions 3 and 4. new text beginAt least once per
year, or within 30 days of a written request by the person, the person's legal representative,
or the case manager,
new text endthe license holder, in coordination with the person's support team or
expanded support team, must meet with the person, the person's legal representative, and
the case manager, and participate in service plan review meetings following stated timelines
established in the person's coordinated service and support plan or coordinated service and
support plan addendum deleted text beginor within 30 days of a written request by the person, the person's
legal representative, or the case manager, at a minimum of once per year
deleted text end. The purpose of
the service plan review is to determine whether changes are needed to the service plan based
on the assessment information, the license holder's evaluation of progress towards
accomplishing outcomes, or other information provided by the support team or expanded
support team.

new text begin (b) At least once per year, the license holder, in coordination with the person's support
team or expanded support team, must meet with the person, the person's legal representative,
and the case manager to discuss how technology might be used to meet the person's desired
outcomes. The coordinated service and support plan or support plan addendum must include
a summary of this discussion. The summary must include a statement regarding any decision
made related to the use of technology and a description of any further research that must
be completed before a decision regarding the use of technology can be made. Nothing in
this paragraph requires the coordinated service and support plan to include the use of
technology for the provision of services.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end The license holder must summarize the person's status and progress toward
achieving the identified outcomes and make recommendations and identify the rationale
for changing, continuing, or discontinuing implementation of supports and methods identified
in subdivision 4 in a report available at the time of the progress review meeting. The report
must be sent at least five working days prior to the progress review meeting if requested by
the team in the coordinated service and support plan or coordinated service and support
plan addendum.

deleted text begin (c)deleted text endnew text begin (d)new text end The license holder must send the coordinated service and support plan addendum
to the person, the person's legal representative, and the case manager by mail within ten
working days of the progress review meeting. Within ten working days of the mailing of
the coordinated service and support plan addendum, the license holder must obtain dated
signatures from the person or the person's legal representative and the case manager to
document approval of any changes to the coordinated service and support plan addendum.

deleted text begin (d)deleted text endnew text begin (e)new text end If, within ten working days of submitting changes to the coordinated service and
support plan and coordinated service and support plan addendum, the person or the person's
legal representative or case manager has not signed and returned to the license holder the
coordinated service and support plan or coordinated service and support plan addendum or
has not proposed written modifications to the license holder's submission, the submission
is deemed approved and the coordinated service and support plan addendum becomes
effective and remains in effect until the legal representative or case manager submits a
written request to revise the coordinated service and support plan addendum.

Sec. 5.

Minnesota Statutes 2016, section 245D.091, subdivision 2, is amended to read:


Subd. 2.

deleted text beginBehaviordeleted text endnew text begin Positive supportnew text end professional qualifications.

A deleted text beginbehaviordeleted text endnew text begin positive
support
new text end professional providing deleted text beginbehavioraldeleted text endnew text begin positivenew text end support services as identified in section
245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the
following areas as required under the brain injury deleted text beginanddeleted text endnew text begin,new text end community access for disability
inclusionnew text begin, community alternative care, and developmental disabilitiesnew text end waiver plans or
successor plans:

(1) ethical considerations;

(2) functional assessment;

(3) functional analysis;

(4) measurement of behavior and interpretation of data;

(5) selecting intervention outcomes and strategies;

(6) behavior reduction and elimination strategies that promote least restrictive approved
alternatives;

(7) data collection;

(8) staff and caregiver training;

(9) support plan monitoring;

(10) co-occurring mental disorders or neurocognitive disorder;

(11) demonstrated expertise with populations being served; and

(12) must be a:

(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board
of Psychology competencies in the above identified areas;

(ii) clinical social worker licensed as an independent clinical social worker under chapter
148D, or a person with a master's degree in social work from an accredited college or
university, with at least 4,000 hours of post-master's supervised experience in the delivery
of clinical services in the areas identified in clauses (1) to (11);

(iii) physician licensed under chapter 147 and certified by the American Board of
Psychiatry and Neurology or eligible for board certification in psychiatry with competencies
in the areas identified in clauses (1) to (11);

(iv) licensed professional clinical counselor licensed under sections 148B.29 to 148B.39
with at least 4,000 hours of post-master's supervised experience in the delivery of clinical
services who has demonstrated competencies in the areas identified in clauses (1) to (11);

(v) person with a master's degree from an accredited college or university in one of the
behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services with demonstrated competencies in the areas
identified in clauses (1) to (11); deleted text beginor
deleted text end

(vi)new text begin person with a master's degree or PhD in one of the behavioral sciences or related
fields with demonstrated expertise in positive support services, as determined by the person's
case manager based on the person's needs as outlined in the person's community support
plan; or
new text end

new text begin (vii)new text end registered nurse who is licensed under sections 148.171 to 148.285, and who is
certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and
mental health nursing by a national nurse certification organization, or who has a master's
degree in nursing or one of the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services.

Sec. 6.

Minnesota Statutes 2016, section 245D.091, subdivision 3, is amended to read:


Subd. 3.

deleted text beginBehaviordeleted text endnew text begin Positive supportnew text end analyst qualifications.

(a) A deleted text beginbehaviordeleted text endnew text begin positive
support
new text end analyst providing deleted text beginbehavioraldeleted text endnew text begin positivenew text end support services as identified in section
245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the
following areas as required under the brain injury deleted text beginanddeleted text endnew text begin,new text end community access for disability
inclusionnew text begin, community alternative care, and developmental disabilitiesnew text end waiver plans or
successor plans:

(1) have obtained a baccalaureate degree, master's degree, or PhD in a social services
discipline; deleted text beginor
deleted text end

(2) meet the qualifications of a mental health practitioner as defined in section 245.462,
subdivision 17
deleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) be a board certified behavior analyst or board certified assistant behavior analyst by
the Behavior Analyst Certification Board, Incorporated.
new text end

(b) In addition, a deleted text beginbehaviordeleted text endnew text begin positive supportnew text end analyst must:

(1) have four years of supervised experience deleted text beginworking with individuals who exhibit
challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder
deleted text endnew text begin
conducting functional behavior assessments and designing, implementing, and evaluating
effectiveness of positive practices behavior support strategies for people who exhibit
challenging behaviors as well as co-occurring mental disorders and neurocognitive disorder
new text end;

(2) have received deleted text beginten hours of instruction in functional assessment and functional analysis;deleted text endnew text begin
training prior to hire or within 90 calendar days of hire that includes:
new text end

new text begin (i) ten hours of instruction in functional assessment and functional analysis;
new text end

new text begin (ii) 20 hours of instruction in the understanding of the function of behavior;
new text end

new text begin (iii) ten hours of instruction on design of positive practices behavior support strategies;
new text end

new text begin (iv) 20 hours of instruction preparing written intervention strategies, designing data
collection protocols, training other staff to implement positive practice strategies,
summarizing and reporting program evaluation data, analyzing program evaluation data to
identify design flaws in behavioral interventions or failures in implementation fidelity, and
recommending enhancements based on evaluation data; and
new text end

new text begin (v) eight hours of instruction on principles of person-centered thinking;
new text end

deleted text begin (3) have received 20 hours of instruction in the understanding of the function of behavior;
deleted text end

deleted text begin (4) have received ten hours of instruction on design of positive practices behavior support
strategies;
deleted text end

deleted text begin (5) have received 20 hours of instruction on the use of behavior reduction approved
strategies used only in combination with behavior positive practices strategies;
deleted text end

deleted text begin (6)deleted text endnew text begin (3)new text end be determined by a deleted text beginbehaviordeleted text endnew text begin positive supportnew text end professional to have the training
and prerequisite skills required to provide positive practice strategies as well as behavior
reduction approved and permitted intervention to the person who receives deleted text beginbehavioraldeleted text endnew text begin positivenew text end
support; and

deleted text begin (7)deleted text endnew text begin (4)new text end be under the direct supervision of a deleted text beginbehaviordeleted text endnew text begin positive supportnew text end professional.

new text begin (c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraph (b).
new text end

Sec. 7.

Minnesota Statutes 2016, section 245D.091, subdivision 4, is amended to read:


Subd. 4.

deleted text beginBehaviordeleted text endnew text begin Positive supportnew text end specialist qualifications.

(a) A deleted text beginbehaviordeleted text endnew text begin positive
support
new text end specialist providing deleted text beginbehavioraldeleted text endnew text begin positivenew text end support services as identified in section
245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the
following areas as required under the brain injury deleted text beginanddeleted text endnew text begin,new text end community access for disability
inclusionnew text begin, community alternative care, and developmental disabilitiesnew text end waiver plans or
successor plans:

(1) have an associate's degree in a social services discipline; or

(2) have two years of supervised experience working with individuals who exhibit
challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder.

(b) In addition, a behavior specialist must:

(1) have receivednew text begin training prior to hire or within 90 calendar days of hire that includes:
new text end

new text begin (i)new text end a minimum of four hours of training in functional assessment;

deleted text begin (2) have receiveddeleted text endnew text begin (ii)new text end 20 hours of instruction in the understanding of the function of
behavior;

deleted text begin (3) have receiveddeleted text endnew text begin (iii)new text end ten hours of instruction on design of positive practices behavioral
support strategies;new text begin and
new text end

new text begin (iv) eight hours of instruction on principles of person-centered thinking;
new text end

deleted text begin (4)deleted text endnew text begin (2)new text end be determined by a deleted text beginbehaviordeleted text endnew text begin positive supportnew text end professional to have the training
and prerequisite skills required to provide positive practices strategies as well as behavior
reduction approved intervention to the person who receives deleted text beginbehavioraldeleted text endnew text begin positivenew text end support;
and

deleted text begin (5)deleted text endnew text begin (3)new text end be under the direct supervision of a deleted text beginbehaviordeleted text endnew text begin positive supportnew text end professional.

new text begin (c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraphs (a) and (b).
new text end

Sec. 8.

Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 65. new text end

new text begin Prescribed pediatric extended care center services. new text end

new text begin Medical assistance
covers prescribed pediatric extended care center basic services as defined under section
144H.01, subdivision 2. The commissioner shall set two payment rates for basic services
provided at prescribed pediatric extended care centers licensed under chapter 144H: (1) a
$250 half-day rate per child attending a prescribed pediatric extended care center for less
than four hours per day; and (2) a $500 full-day rate per child attending a prescribed pediatric
extended care center for four hours or more per day. The rates established in this subdivision
may be reevaluated by the commissioner two years after the effective date of this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 9.

Minnesota Statutes 2016, section 256B.0659, subdivision 11, is amended to read:


Subd. 11.

Personal care assistant; requirements.

(a) A personal care assistant must
meet the following requirements:

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of
age with these additional requirements:

(i) supervision by a qualified professional every 60 days; and

(ii) employment by only one personal care assistance provider agency responsible for
compliance with current labor laws;

(2) be employed by a personal care assistance provider agency;

(3) enroll with the department as a personal care assistant after clearing a background
study. Except as provided in subdivision 11a, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study on
the personal care assistant under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:

(i) not disqualified under section 245C.14; or

(ii) is disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;

(4) be able to effectively communicate with the recipient and personal care assistance
provider agency;

(5) be able to provide covered personal care assistance services according to the recipient's
personal care assistance care plan, respond appropriately to recipient needs, and report
changes in the recipient's condition to the supervising qualified professional or physician;

(6) not be a consumer of personal care assistance services;

(7) maintain daily written records including, but not limited to, time sheets under
subdivision 12;

(8) effective January 1, 2010, complete standardized training as determined by the
commissioner before completing enrollment. The training must be available in languages
other than English and to those who need accommodations due to disabilities. Personal care
assistant training must include successful completion of the following training components:
basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic
roles and responsibilities of personal care assistants including information about assistance
with lifting and transfers for recipients, emergency preparedness, orientation to positive
behavioral practices, fraud issues, and completion of time sheets. Upon completion of the
training components, the personal care assistant must demonstrate the competency to provide
assistance to recipients;

(9) complete training and orientation on the needs of the recipient; and

(10) be limited to providing and being paid for up to 275 hours per month of personal
care assistance services regardless of the number of recipients being served or the number
of personal care assistance provider agencies enrolled with. The number of hours worked
per day shall not be disallowed by the department unless in violation of the law.

(b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).

(c) Persons who do not qualify as a personal care assistant include parents, stepparents,
and legal guardians of minors; spouses; paid legal guardians of adults; family foster care
providers, except as otherwise allowed in section 256B.0625, subdivision 19a; and staff of
a residential setting.

new text begin (d) Personal care services qualify for the enhanced rate described in subdivision 17a if
the personal care assistant providing the services:
new text end

new text begin (1) provides services, according to the care plan in subdivision 7, to a recipient who
qualifies for 12 or more hours per day of PCA services; and
new text end

new text begin (2) satisfies the current requirements of Medicare for training and competency or
competency evaluation of home health aides or nursing assistants, as provided in the Code
of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state approved
training or competency requirements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 10.

Minnesota Statutes 2016, section 256B.0659, is amended by adding a subdivision
to read:


new text begin Subd. 17a. new text end

new text begin Enhanced rate. new text end

new text begin An enhanced rate of 105 percent of the rate paid for PCA
services shall be paid for services provided to persons who qualify for 12 or more hours of
PCA service per day when provided by a PCA who meets the requirements of subdivision
11, paragraph (d). The enhanced rate for PCA services includes, and is not in addition to,
any rate adjustments implemented by the commissioner on July 1, 2018, to comply with
the terms of a collective bargaining agreement between the state of Minnesota and an
exclusive representative of individual providers under section 179A.54 that provides for
wage increases for individual providers who serve participants assessed to need 12 or more
hours of PCA services per day.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 11.

Minnesota Statutes 2016, section 256B.0659, subdivision 21, is amended to read:


Subd. 21.

Requirements for provider enrollment of personal care assistance provider
agencies.

(a) All personal care assistance provider agencies must provide, at the time of
enrollment, reenrollment, and revalidation as a personal care assistance provider agency in
a format determined by the commissioner, information and documentation that includes,
but is not limited to, the following:

(1) the personal care assistance provider agency's current contact information including
address, telephone number, and e-mail address;

(2) proof of surety bond coverage. Upon new enrollment, or if the provider's Medicaid
revenue in the previous calendar year is up to and including $300,000, the provider agency
must purchase a surety bond of $50,000. If the Medicaid revenue in the previous year is
over $300,000, the provider agency must purchase a surety bond of $100,000. The surety
bond must be in a form approved by the commissioner, must be renewed annually, and must
allow for recovery of costs and fees in pursuing a claim on the bond;

(3) proof of fidelity bond coverage in the amount of $20,000;

(4) proof of workers' compensation insurance coverage;

(5) proof of liability insurance;

(6) a description of the personal care assistance provider agency's organization identifying
the names of all owners, managing employees, staff, board of directors, and the affiliations
of the directors, owners, or staff to other service providers;

(7) a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of employees; training requirements; service delivery; and
employee and consumer safety including process for notification and resolution of consumer
grievances, identification and prevention of communicable diseases, and employee
misconduct;

(8) copies of all other forms the personal care assistance provider agency uses in the
course of daily business including, but not limited to:

(i) a copy of the personal care assistance provider agency's time sheet if the time sheet
varies from the standard time sheet for personal care assistance services approved by the
commissioner, and a letter requesting approval of the personal care assistance provider
agency's nonstandard time sheet;

(ii) the personal care assistance provider agency's template for the personal care assistance
care plan; and

(iii) the personal care assistance provider agency's template for the written agreement
in subdivision 20 for recipients using the personal care assistance choice option, if applicable;

(9) a list of all training and classes that the personal care assistance provider agency
requires of its staff providing personal care assistance services;

(10) documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this sectionnew text begin, including the requirements
under subdivision 11, paragraph (d), if enhanced PCA services are provided and submitted
for an enhanced rate under subdivision 17a
new text end;

(11) documentation of the agency's marketing practices;

(12) disclosure of ownership, leasing, or management of all residential properties that
is used or could be used for providing home care services;

(13) documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance services for
employee personal care assistant wages and benefits: 72.5 percent of revenue in the personal
care assistance choice option and 72.5 percent of revenue from other personal care assistance
providers. The revenue generated by the qualified professional and the reasonable costs
associated with the qualified professional shall not be used in making this calculation; and

(14) effective May 15, 2010, documentation that the agency does not burden recipients'
free exercise of their right to choose service providers by requiring personal care assistants
to sign an agreement not to work with any particular personal care assistance recipient or
for another personal care assistance provider agency after leaving the agency and that the
agency is not taking action on any such agreements or requirements regardless of the date
signed.

(b) Personal care assistance provider agencies shall provide the information specified
in paragraph (a) to the commissioner at the time the personal care assistance provider agency
enrolls as a vendor or upon request from the commissioner. The commissioner shall collect
the information specified in paragraph (a) from all personal care assistance providers
beginning July 1, 2009.

(c) All personal care assistance provider agencies shall require all employees in
management and supervisory positions and owners of the agency who are active in the
day-to-day management and operations of the agency to complete mandatory training as
determined by the commissioner before enrollment of the agency as a provider. Employees
in management and supervisory positions and owners who are active in the day-to-day
operations of an agency who have completed the required training as an employee with a
personal care assistance provider agency do not need to repeat the required training if they
are hired by another agency, if they have completed the training within the past three years.
By September 1, 2010, the required training must be available with meaningful access
according to title VI of the Civil Rights Act and federal regulations adopted under that law
or any guidance from the United States Health and Human Services Department. The
required training must be available online or by electronic remote connection. The required
training must provide for competency testing. Personal care assistance provider agency
billing staff shall complete training about personal care assistance program financial
management. This training is effective July 1, 2009. Any personal care assistance provider
agency enrolled before that date shall, if it has not already, complete the provider training
within 18 months of July 1, 2009. Any new owners or employees in management and
supervisory positions involved in the day-to-day operations are required to complete
mandatory training as a requisite of working for the agency. Personal care assistance provider
agencies certified for participation in Medicare as home health agencies are exempt from
the training required in this subdivision. When available, Medicare-certified home health
agency owners, supervisors, or managers must successfully complete the competency test.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 12.

Minnesota Statutes 2016, section 256B.0659, subdivision 24, is amended to read:


Subd. 24.

Personal care assistance provider agency; general duties.

A personal care
assistance provider agency shall:

(1) enroll as a Medicaid provider meeting all provider standards, including completion
of the required provider training;

(2) comply with general medical assistance coverage requirements;

(3) demonstrate compliance with law and policies of the personal care assistance program
to be determined by the commissioner;

(4) comply with background study requirements;

(5) verify and keep records of hours worked by the personal care assistant and qualified
professional;

(6) not engage in any agency-initiated direct contact or marketing in person, by phone,
or other electronic means to potential recipients, guardians, or family members;

(7) pay the personal care assistant and qualified professional based on actual hours of
services provided;

(8) withhold and pay all applicable federal and state taxes;

(9) deleted text begineffective January 1, 2010,deleted text end document that the agency uses a minimum of 72.5 percent
of the revenue generated by the medical assistance rate for personal care assistance services
for employee personal care assistant wages and benefits. The revenue generated by the
qualified professional and the reasonable costs associated with the qualified professional
shall not be used in making this calculation;

(10) make the arrangements and pay unemployment insurance, taxes, workers'
compensation, liability insurance, and other benefits, if any;

(11) enter into a written agreement under subdivision 20 before services are provided;

(12) report suspected neglect and abuse to the common entry point according to section
256B.0651;

(13) provide the recipient with a copy of the home care bill of rights at start of service;
deleted text begin and
deleted text end

(14) request reassessments at least 60 days prior to the end of the current authorization
for personal care assistance services, on forms provided by the commissionernew text begin; and
new text end

new text begin (15) document that the agency uses the additional revenue due to the enhanced rate under
subdivision 17a for the wages and benefits of the PCAs whose services meet the requirements
under subdivision 11, paragraph (d)
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 13.

Minnesota Statutes 2016, section 256B.0659, subdivision 28, is amended to read:


Subd. 28.

Personal care assistance provider agency; required documentation.

(a)
Required documentation must be completed and kept in the personal care assistance provider
agency file or the recipient's home residence. The required documentation consists of:

(1) employee files, including:

(i) applications for employment;

(ii) background study requests and results;

(iii) orientation records about the agency policies;

(iv) trainings completed with demonstration of competencenew text begin, including verification of
the completion of training required under subdivision 11, paragraph (d), for any billing of
the enhanced rate under subdivision 17a
new text end;

(v) supervisory visits;

(vi) evaluations of employment; and

(vii) signature on fraud statement;

(2) recipient files, including:

(i) demographics;

(ii) emergency contact information and emergency backup plan;

(iii) personal care assistance service plan;

(iv) personal care assistance care plan;

(v) month-to-month service use plan;

(vi) all communication records;

(vii) start of service information, including the written agreement with recipient; and

(viii) date the home care bill of rights was given to the recipient;

(3) agency policy manual, including:

(i) policies for employment and termination;

(ii) grievance policies with resolution of consumer grievances;

(iii) staff and consumer safety;

(iv) staff misconduct; and

(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
resolution of consumer grievances;

(4) time sheets for each personal care assistant along with completed activity sheets for
each recipient served; and

(5) agency marketing and advertising materials and documentation of marketing activities
and costs.

(b) The commissioner may assess a fine of up to $500 on provider agencies that do not
consistently comply with the requirements of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 14.

Minnesota Statutes 2017 Supplement, section 256B.0921, is amended to read:


256B.0921 HOME AND COMMUNITY-BASED SERVICES deleted text beginINCENTIVEdeleted text endnew text begin
INNOVATION
new text end POOL.

The commissioner of human services shall develop an initiative to provide incentives
for innovation in: (1) achieving integrated competitive employment; (2) achieving integrated
competitive employment for youth under age 25 upon their graduation from school; (3)
living in the most integrated setting; and (4) other outcomes determined by the commissioner.
The commissioner shall seek requests for proposals and shall contract with one or more
entities to provide incentive payments for meeting identified outcomes.

Sec. 15.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

(a) For purposes of this section, the following terms have the
meanings given them, unless the context clearly indicates otherwise.

(b) "Commissioner" means the commissioner of human services.

(c) "Component value" means underlying factors that are part of the cost of providing
services that are built into the waiver rates methodology to calculate service rates.

(d) "Customized living tool" means a methodology for setting service rates that delineates
and documents the amount of each component service included in a recipient's customized
living service plan.

(e)new text begin "Direct care staff" means employees providing direct service provision to people
receiving services under this section. Direct care staff does not include executive, managerial,
and administrative staff.
new text end

new text begin (f)new text end "Disability waiver rates system" means a statewide system that establishes rates that
are based on uniform processes and captures the individualized nature of waiver services
and recipient needs.

deleted text begin (f)deleted text endnew text begin (g)new text end "Individual staffing" means the time spent as a one-to-one interaction specific to
an individual recipient by staff to provide direct support and assistance with activities of
daily living, instrumental activities of daily living, and training to participants, and is based
on the requirements in each individual's coordinated service and support plan under section
245D.02, subdivision 4b; any coordinated service and support plan addendum under section
245D.02, subdivision 4c; and an assessment tool. Provider observation of an individual's
needs must also be considered.

deleted text begin (g)deleted text endnew text begin (h)new text end "Lead agency" means a county, partnership of counties, or tribal agency charged
with administering waivered services under sections 256B.092 and 256B.49.

deleted text begin (h)deleted text endnew text begin (i)new text end "Median" means the amount that divides distribution into two equal groups,
one-half above the median and one-half below the median.

deleted text begin (i)deleted text endnew text begin (j)new text end "Payment or rate" means reimbursement to an eligible provider for services
provided to a qualified individual based on an approved service authorization.

deleted text begin (j)deleted text endnew text begin (k)new text end "Rates management system" means a Web-based software application that uses
a framework and component values, as determined by the commissioner, to establish service
rates.

deleted text begin (k)deleted text endnew text begin (l)new text end "Recipient" means a person receiving home and community-based services funded
under any of the disability waivers.

deleted text begin (l)deleted text endnew text begin (m)new text end "Shared staffing" means time spent by employees, not defined under paragraph
deleted text begin (f)deleted text endnew text begin (g)new text end, providing or available to provide more than one individual with direct support and
assistance with activities of daily living as defined under section 256B.0659, subdivision
1
, paragraph (b); instrumental activities of daily living as defined under section 256B.0659,
subdivision 1, paragraph (i); ancillary activities needed to support individual services; and
training to participants, and is based on the requirements in each individual's coordinated
service and support plan under section 245D.02, subdivision 4b; any coordinated service
and support plan addendum under section 245D.02, subdivision 4c; an assessment tool; and
provider observation of an individual's service need. Total shared staffing hours are divided
proportionally by the number of individuals who receive the shared service provisions.

deleted text begin (m)deleted text endnew text begin (n)new text end "Staffing ratio" means the number of recipients a service provider employee
supports during a unit of service based on a uniform assessment tool, provider observation,
case history, and the recipient's services of choice, and not based on the staffing ratios under
section 245D.31.

deleted text begin (n)deleted text endnew text begin (o)new text end "Unit of service" means the following:

(1) for residential support services under subdivision 6, a unit of service is a day. Any
portion of any calendar day, within allowable Medicaid rules, where an individual spends
time in a residential setting is billable as a day;

(2) for day services under subdivision 7:

(i) for day training and habilitation services, a unit of service is either:

(A) a day unit of service is defined as six or more hours of time spent providing direct
services and transportation; or

(B) a partial day unit of service is defined as fewer than six hours of time spent providing
direct services and transportation; and

(C) for new day service recipients after January 1, 2014, 15 minute units of service must
be used for fewer than six hours of time spent providing direct services and transportation;

(ii) for adult day and structured day services, a unit of service is a day or 15 minutes. A
day unit of service is six or more hours of time spent providing direct services;

(iii) for prevocational services, a unit of service is a day or an hour. A day unit of service
is six or more hours of time spent providing direct service;

(3) for unit-based services with programming under subdivision 8:

(i) for supported living services, a unit of service is a day or 15 minutes. When a day
rate is authorized, any portion of a calendar day where an individual receives services is
billable as a day; and

(ii) for all other services, a unit of service is 15 minutes; and

(4) for unit-based services without programming under subdivision 9, a unit of service
is 15 minutes.

Sec. 16.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 3, is
amended to read:


Subd. 3.

Applicable services.

Applicable services are those authorized under the state's
home and community-based services waivers under sections 256B.092 and 256B.49,
including the following, as defined in the federally approved home and community-based
services plan:

(1) 24-hour customized living;

(2) adult day care;

(3) adult day care bath;

deleted text begin (4) behavioral programming;
deleted text end

deleted text begin (5)deleted text endnew text begin (4)new text end companion services;

deleted text begin (6)deleted text endnew text begin (5)new text end customized living;

deleted text begin (7)deleted text endnew text begin (6)new text end day training and habilitation;

new text begin (7) employment development services;
new text end

new text begin (8) employment exploration services;
new text end

new text begin (9) employment support services;
new text end

deleted text begin (8)deleted text endnew text begin (10)new text end housing access coordination;

deleted text begin (9)deleted text endnew text begin (11)new text end independent living skills;

new text begin (12) independent living skills specialist services;
new text end

new text begin (13) individualized home supports;
new text end

deleted text begin (10)deleted text endnew text begin (14)new text end in-home family support;

deleted text begin (11)deleted text endnew text begin (15)new text end night supervision;

deleted text begin (12)deleted text endnew text begin (16)new text end personal support;

new text begin (17) positive support service;
new text end

deleted text begin (13)deleted text endnew text begin (18)new text end prevocational services;

deleted text begin (14)deleted text endnew text begin (19)new text end residential care services;

deleted text begin (15)deleted text endnew text begin (20)new text end residential support services;

deleted text begin (16)deleted text endnew text begin (21)new text end respite services;

deleted text begin (17)deleted text endnew text begin (22)new text end structured day services;

deleted text begin (18)deleted text endnew text begin (23)new text end supported employment services;

deleted text begin (19)deleted text endnew text begin (24)new text end supported living services;

deleted text begin (20)deleted text endnew text begin (25)new text end transportation services;

deleted text begin (21) individualized home supports;
deleted text end

deleted text begin (22) independent living skills specialist services;
deleted text end

deleted text begin (23) employment exploration services;
deleted text end

deleted text begin (24) employment development services;
deleted text end

deleted text begin (25) employment support services;deleted text end and

(26) other services as approved by the federal government in the state home and
community-based services plan.

Sec. 17.

Minnesota Statutes 2016, section 256B.4914, subdivision 4, is amended to read:


Subd. 4.

Data collection for rate determination.

(a) Rates for applicable home and
community-based waivered services, including rate exceptions under subdivision 12, are
set by the rates management system.

(b) Data for services under section 256B.4913, subdivision 4a, shall be collected in a
manner prescribed by the commissioner.

(c) Data and information in the rates management system may be used to calculate an
individual's rate.

(d) Service providers, with information from the community support plan and oversight
by lead agencies, shall provide values and information needed to calculate an individual's
rate into the rates management system. The determination of service levels must be part of
a discussion with members of the support team as defined in section 245D.02, subdivision
34
. This discussion must occur prior to the final establishment of each individual's rate. The
values and information include:

(1) shared staffing hours;

(2) individual staffing hours;

(3) direct registered nurse hours;

(4) direct licensed practical nurse hours;

(5) staffing ratios;

(6) information to document variable levels of service qualification for variable levels
of reimbursement in each framework;

(7) shared or individualized arrangements for unit-based services, including the staffing
ratio;

(8) number of trips and miles for transportation services; and

(9) service hours provided through monitoring technology.

(e) Updates to individual data must include:

(1) data for each individual that is updated annually when renewing service plans; and

(2) requests by individuals or lead agencies to update a rate whenever there is a change
in an individual's service needs, with accompanying documentation.

(f) Lead agencies shall review and approve all services reflecting each individual's needs,
and the values to calculate the final payment rate for services with variables under
subdivisions 6, 7, 8, and 9 for each individual. Lead agencies must notify the individual and
the service provider of the final agreed-upon values and rate, and provide information that
is identical to what was entered into the rates management system. If a value used was
mistakenly or erroneously entered and used to calculate a rate, a provider may petition lead
agencies to correct it. Lead agencies must respond to these requests. When responding to
the request, the lead agency must consider:

(1) meeting the health and welfare needs of the individual or individuals receiving
services by service site, identified in their coordinated service and support plan under section
245D.02, subdivision 4b, and any addendum under section 245D.02, subdivision 4c;

(2) meeting the requirements for staffing under subdivision 2, paragraphs deleted text begin(f)deleted text endnew text begin (g)new text end, deleted text begin(i)deleted text endnew text begin (m)new text end,
and deleted text begin(m)deleted text endnew text begin (n)new text end; and meeting or exceeding the licensing standards for staffing required under
section 245D.09, subdivision 1; and

(3) meeting the staffing ratio requirements under subdivision 2, paragraph (n), and
meeting or exceeding the licensing standards for staffing required under section 245D.31.

Sec. 18.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 5, is
amended to read:


Subd. 5.

Base wage index and standard component values.

(a) The base wage index
is established to determine staffing costs associated with providing services to individuals
receiving home and community-based services. For purposes of developing and calculating
the proposed base wage, Minnesota-specific wages taken from job descriptions and standard
occupational classification (SOC) codes from the Bureau of Labor Statistics as defined in
the most recent edition of the Occupational Handbook must be used. The base wage index
must be calculated as follows:

(1) for residential direct care staff, the sum of:

(i) 15 percent of the subtotal of 50 percent of the median wage for personal and home
health aide (SOC code 39-9021); 30 percent of the median wage for nursing assistant (SOC
code 31-1014); and 20 percent of the median wage for social and human services aide (SOC
code 21-1093); and

(ii) 85 percent of the subtotal of 20 percent of the median wage for home health aide
(SOC code 31-1011); 20 percent of the median wage for personal and home health aide
(SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code
31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053);
and 20 percent of the median wage for social and human services aide (SOC code 21-1093);

(2) for day services, 20 percent of the median wage for nursing assistant (SOC code
31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053);
and 60 percent of the median wage for social and human services aide (SOC code 21-1093);

(3) for residential asleep-overnight staff, the wage is the minimum wage in Minnesota
for large employers, except in a family foster care setting, the wage is 36 percent of the
minimum wage in Minnesota for large employers;

(4) for behavior program analyst staff, 100 percent of the median wage for mental health
counselors (SOC code 21-1014);

(5) for behavior program professional staff, 100 percent of the median wage for clinical
counseling and school psychologist (SOC code 19-3031);

(6) for behavior program specialist staff, 100 percent of the median wage for psychiatric
technicians (SOC code 29-2053);

(7) for supportive living services staff, 20 percent of the median wage for nursing assistant
(SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code
29-2053); and 60 percent of the median wage for social and human services aide (SOC code
21-1093);

(8) for housing access coordination staff, 100 percent of the median wage for community
and social services specialist (SOC code 21-1099);

(9) for in-home family support staff, 20 percent of the median wage for nursing aide
(SOC code 31-1012); 30 percent of the median wage for community social service specialist
(SOC code 21-1099); 40 percent of the median wage for social and human services aide
(SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC
code 29-2053);

(10) for individualized home supports services staff, 40 percent of the median wage for
community social service specialist (SOC code 21-1099); 50 percent of the median wage
for social and human services aide (SOC code 21-1093); and ten percent of the median
wage for psychiatric technician (SOC code 29-2053);

(11) for independent living skills staff, 40 percent of the median wage for community
social service specialist (SOC code 21-1099); 50 percent of the median wage for social and
human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric
technician (SOC code 29-2053);

(12) for independent living skills specialist staff, 100 percent of mental health and
substance abuse social worker (SOC code 21-1023);

(13) for supported employment staff, 20 percent of the median wage for nursing assistant
(SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code
29-2053); and 60 percent of the median wage for social and human services aide (SOC code
21-1093);

(14) for employment support services staff, 50 percent of the median wage for
rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for
community and social services specialist (SOC code 21-1099);

(15) for employment exploration services staff, 50 percent of the median wage for
rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for
community and social services specialist (SOC code 21-1099);

(16) for employment development services staff, 50 percent of the median wage for
education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent
of the median wage for community and social services specialist (SOC code 21-1099);

(17) for adult companion staff, 50 percent of the median wage for personal and home
care aide (SOC code 39-9021); and 50 percent of the median wage for nursing assistant
(SOC code 31-1014);

(18) for night supervision staff, 20 percent of the median wage for home health aide
(SOC code 31-1011); 20 percent of the median wage for personal and home health aide
(SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code
31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053);
and 20 percent of the median wage for social and human services aide (SOC code 21-1093);

(19) for respite staff, 50 percent of the median wage for personal and home care aide
(SOC code 39-9021); and 50 percent of the median wage for nursing assistant (SOC code
31-1014);

(20) for personal support staff, 50 percent of the median wage for personal and home
care aide (SOC code 39-9021); and 50 percent of the median wage for nursing assistant
(SOC code 31-1014);

(21) for supervisory staff, 100 percent of the median wage for community and social
services specialist (SOC code 21-1099), with the exception of the supervisor of behavior
professional, behavior analyst, and behavior specialists, which is 100 percent of the median
wage for clinical counseling and school psychologist (SOC code 19-3031);

(22) for registered nurse staff, 100 percent of the median wage for registered nurses
(SOC code 29-1141); and

(23) for licensed practical nurse staff, 100 percent of the median wage for licensed
practical nurses (SOC code 29-2061).

(b) Component values for residential support services are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) general administrative support ratio: 13.25 percent;

(5) program-related expense ratio: 1.3 percent; and

(6) absence and utilization factor ratio: 3.9 percent.

(c) Component values for family foster care are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) general administrative support ratio: 3.3 percent;

(5) program-related expense ratio: 1.3 percent; and

(6) absence factor: 1.7 percent.

(d) Component values for day services for all services are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) program plan support ratio: 5.6 percent;

(5) client programming and support ratio: ten percent;

(6) general administrative support ratio: 13.25 percent;

(7) program-related expense ratio: 1.8 percent; and

(8) absence and utilization factor ratio: 9.4 percent.

(e) Component values for unit-based services with programming are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) program plan supports ratio: 15.5 percent;

(5) client programming and supports ratio: 4.7 percent;

(6) general administrative support ratio: 13.25 percent;

(7) program-related expense ratio: 6.1 percent; and

(8) absence and utilization factor ratio: 3.9 percent.

(f) Component values for unit-based services without programming except respite are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) program plan support ratio: 7.0 percent;

(5) client programming and support ratio: 2.3 percent;

(6) general administrative support ratio: 13.25 percent;

(7) program-related expense ratio: 2.9 percent; and

(8) absence and utilization factor ratio: 3.9 percent.

(g) Component values for unit-based services without programming for respite are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) general administrative support ratio: 13.25 percent;

(5) program-related expense ratio: 2.9 percent; and

(6) absence and utilization factor ratio: 3.9 percent.

(h) On July 1, 2017, the commissioner shall update the base wage index in paragraph
(a) based on the wage data by standard occupational code (SOC) from the Bureau of Labor
Statistics available on December 31, 2016. The commissioner shall publish these updated
values and load them into the rate management system. On deleted text beginJulydeleted text endnew text begin Januarynew text end 1, 2022, and every
deleted text begin fivedeleted text endnew text begin twonew text end years thereafter, the commissioner shall update the base wage index in paragraph
(a) based on the deleted text beginmost recently availabledeleted text end wage data by SOC from the Bureau of Labor
Statisticsnew text begin available on December 31 of the year two years prior to the scheduled updatenew text end.
The commissioner shall publish these updated values and load them into the rate management
system.

(i) On July 1, 2017, the commissioner shall update the framework components in
paragraph (d), clause (5); paragraph (e), clause (5); and paragraph (f), clause (5); subdivision
6, clauses (8) and (9); and subdivision 7, clauses (10), (16), and (17), for changes in the
Consumer Price Index. The commissioner will adjust these values higher or lower by the
percentage change in the Consumer Price Index-All Items, United States city average
(CPI-U) from January 1, 2014, to January 1, 2017. The commissioner shall publish these
updated values and load them into the rate management system. On deleted text beginJulydeleted text endnew text begin Januarynew text end 1, 2022,
and every deleted text beginfivedeleted text endnew text begin twonew text end years thereafter, the commissioner shall update the framework components
in paragraph (d), clause (5); paragraph (e), clause (5); and paragraph (f), clause (5);
subdivision 6, clauses (8) and (9); and subdivision 7, clauses (10), (16), and (17), for changes
in the Consumer Price Index. The commissioner shall adjust these values higher or lower
by the percentage change in the CPI-U from the date of the previous update to the deleted text begindate of
the
deleted text end data deleted text beginmost recentlydeleted text end availablenew text begin on December 31 of the year two yearsnew text end prior to the scheduled
update. The commissioner shall publish these updated values and load them into the rate
management system.

(j) In this subdivision, if Bureau of Labor Statistics occupational codes or Consumer
Price Index items are unavailable in the future, the commissioner shall recommend to the
legislature codes or items to update and replace missing component values.

new text begin (k) The commissioner shall increase the updated base wage index in paragraph (h) with
a competitive workforce factor of 8.35 percent. The lead agencies must implement the
competitive workforce factor on the date the competitive workforce factor is effective and
not as reassessments, reauthorizations, or service plan renewals occur.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin (a) The amendments to paragraphs (h) and (i) are effective January
1, 2022, or upon federal approval, whichever is later. The commissioner shall inform the
revisor of statutes when federal approval is obtained.
new text end

new text begin (b) Paragraph (k) is effective July 1, 2018, or upon federal approval, whichever is later.
The commissioner shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 19.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 6, is
amended to read:


Subd. 6.

Payments for residential support services.

(a) Payments for residential support
services, as defined in sections 256B.092, subdivision 11, and 256B.49, subdivision 22,
must be calculated as follows:

(1) determine the number of shared staffing and individual direct staff hours to meet a
recipient's needs provided on site or through monitoring technology;

(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rates or rates derived by the commissioner as provided in subdivision
5. This is defined as the direct-care rate;

(3) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (2). This is defined as the customized direct-care rate;

(4) multiply the number of shared and individual direct staff hours provided on site or
through monitoring technology and nursing hours by the appropriate staff wages in
subdivision 5, paragraph (a), or the customized direct-care rate;

(5) multiply the number of shared and individual direct staff hours provided on site or
through monitoring technology and nursing hours by the product of the supervision span
of control ratio in subdivision 5, paragraph (b), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (21);

(6) combine the results of clauses (4) and (5), excluding any shared and individual direct
staff hours provided through monitoring technology, and multiply the result by one plus
the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (b),
clause (2). This is defined as the direct staffing cost;

(7) for employee-related expenses, multiply the direct staffing cost, excluding any shared
and individual direct staff hours provided through monitoring technology, by one plus the
employee-related cost ratio in subdivision 5, paragraph (b), clause (3);

(8) for client programming and supports, the commissioner shall add $2,179; and

(9) for transportation, if provided, the commissioner shall add $1,680, or $3,000 if
customized for adapted transport, based on the resident with the highest assessed need.

(b) The total rate must be calculated using the following steps:

(1) subtotal paragraph (a), clauses (7) to (9), and the direct staffing cost of any shared
and individual direct staff hours provided through monitoring technology that was excluded
in clause (7);

(2) sum the standard general and administrative rate, the program-related expense ratio,
and the absence and utilization ratio;new text begin and
new text end

(3) divide the result of clause (1) by one minus the result of clause (2). This is the total
payment amountdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (4) adjust the result of clause (3) by a factor to be determined by the commissioner to
adjust for regional differences in the cost of providing services.
deleted text end

(c) The payment methodology for customized living, 24-hour customized living, and
residential care services must be the customized living tool. Revisions to the customized
living tool must be made to reflect the services and activities unique to disability-related
recipient needs.

(d) For individuals enrolled prior to January 1, 2014, the days of service authorized must
meet or exceed the days of service used to convert service agreements in effect on December
1, 2013, and must not result in a reduction in spending or service utilization due to conversion
during the implementation period under section 256B.4913, subdivision 4a. If during the
implementation period, an individual's historical rate, including adjustments required under
section 256B.4913, subdivision 4a, paragraph (c), is equal to or greater than the rate
determined in this subdivision, the number of days authorized for the individual is 365.

(e) The number of days authorized for all individuals enrolling after January 1, 2014,
in residential services must include every day that services start and end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 20.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 7, is
amended to read:


Subd. 7.

Payments for day programs.

Payments for services with day programs
including adult day care, day treatment and habilitation, prevocational services, and structured
day services must be calculated as follows:

(1) determine the number of units of service and staffing ratio to meet a recipient's needs:

(i) the staffing ratios for the units of service provided to a recipient in a typical week
must be averaged to determine an individual's staffing ratio; and

(ii) the commissioner, in consultation with service providers, shall develop a uniform
staffing ratio worksheet to be used to determine staffing ratios under this subdivision;

(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rates or rates derived by the commissioner as provided in subdivision
5;

(3) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (2). This is defined as the customized direct-care rate;

(4) multiply the number of day program direct staff hours and nursing hours by the
appropriate staff wage in subdivision 5, paragraph (a), or the customized direct-care rate;

(5) multiply the number of day direct staff hours by the product of the supervision span
of control ratio in subdivision 5, paragraph (d), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (21);

(6) combine the results of clauses (4) and (5), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (d), clause
(2). This is defined as the direct staffing rate;

(7) for program plan support, multiply the result of clause (6) by one plus the program
plan support ratio in subdivision 5, paragraph (d), clause (4);

(8) for employee-related expenses, multiply the result of clause (7) by one plus the
employee-related cost ratio in subdivision 5, paragraph (d), clause (3);

(9) for client programming and supports, multiply the result of clause (8) by one plus
the client programming and support ratio in subdivision 5, paragraph (d), clause (5);

(10) for program facility costs, add $19.30 per week with consideration of staffing ratios
to meet individual needs;

(11) for adult day bath services, add $7.01 per 15 minute unit;

(12) this is the subtotal rate;

(13) sum the standard general and administrative rate, the program-related expense ratio,
and the absence and utilization factor ratio;

(14) divide the result of clause (12) by one minus the result of clause (13). This is the
total payment amount;

deleted text begin (15) adjust the result of clause (14) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services;
deleted text end

deleted text begin (16)deleted text end new text begin(15) new text endfor transportation provided as part of day training and habilitation for an
individual who does not require a lift, add:

(i) $10.50 for a trip between zero and ten miles for a nonshared ride in a vehicle without
a lift, $8.83 for a shared ride in a vehicle without a lift, and $9.25 for a shared ride in a
vehicle with a lift;

(ii) $15.75 for a trip between 11 and 20 miles for a nonshared ride in a vehicle without
a lift, $10.58 for a shared ride in a vehicle without a lift, and $11.88 for a shared ride in a
vehicle with a lift;

(iii) $25.75 for a trip between 21 and 50 miles for a nonshared ride in a vehicle without
a lift, $13.92 for a shared ride in a vehicle without a lift, and $16.88 for a shared ride in a
vehicle with a lift; or

(iv) $33.50 for a trip of 51 miles or more for a nonshared ride in a vehicle without a lift,
$16.50 for a shared ride in a vehicle without a lift, and $20.75 for a shared ride in a vehicle
with a lift;new text begin and
new text end

deleted text begin (17)deleted text endnew text begin (16)new text end for transportation provided as part of day training and habilitation for an
individual who does require a lift, add:

(i) $19.05 for a trip between zero and ten miles for a nonshared ride in a vehicle with a
lift, and $15.05 for a shared ride in a vehicle with a lift;

(ii) $32.16 for a trip between 11 and 20 miles for a nonshared ride in a vehicle with a
lift, and $28.16 for a shared ride in a vehicle with a lift;

(iii) $58.76 for a trip between 21 and 50 miles for a nonshared ride in a vehicle with a
lift, and $58.76 for a shared ride in a vehicle with a lift; or

(iv) $80.93 for a trip of 51 miles or more for a nonshared ride in a vehicle with a lift,
and $80.93 for a shared ride in a vehicle with a lift.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 21.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 8, is
amended to read:


Subd. 8.

Payments for unit-based services with programming.

Payments for unit-based
services with programming, including behavior programming, housing access coordination,
in-home family support, independent living skills training, independent living skills specialist
services, individualized home supports, hourly supported living services, employment
exploration services, employment development services, supported employment, and
employment support services provided to an individual outside of any day or residential
service plan must be calculated as follows, unless the services are authorized separately
under subdivision 6 or 7:

(1) determine the number of units of service to meet a recipient's needs;

(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rates or rates derived by the commissioner as provided in subdivision
5;

(3) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (2). This is defined as the customized direct-care rate;

(4) multiply the number of direct staff hours by the appropriate staff wage in subdivision
5, paragraph (a), or the customized direct-care rate;

(5) multiply the number of direct staff hours by the product of the supervision span of
control ratio in subdivision 5, paragraph (e), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (21);

(6) combine the results of clauses (4) and (5), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (e), clause
(2). This is defined as the direct staffing rate;

(7) for program plan support, multiply the result of clause (6) by one plus the program
plan supports ratio in subdivision 5, paragraph (e), clause (4);

(8) for employee-related expenses, multiply the result of clause (7) by one plus the
employee-related cost ratio in subdivision 5, paragraph (e), clause (3);

(9) for client programming and supports, multiply the result of clause (8) by one plus
the client programming and supports ratio in subdivision 5, paragraph (e), clause (5);

(10) this is the subtotal rate;

(11) sum the standard general and administrative rate, the program-related expense ratio,
and the absence and utilization factor ratio;

(12) divide the result of clause (10) by one minus the result of clause (11). This is the
total payment amount;new text begin and
new text end

(13) for supported employment provided in a shared manner, divide the total payment
amount in clause (12) by the number of service recipients, not to exceed three. For
employment support services provided in a shared manner, divide the total payment amount
in clause (12) by the number of service recipients, not to exceed six. For independent living
skills training and individualized home supports provided in a shared manner, divide the
total payment amount in clause (12) by the number of service recipients, not to exceed twodeleted text begin;
and
deleted text endnew text begin.
new text end

deleted text begin (14) adjust the result of clause (13) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 22.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 9, is
amended to read:


Subd. 9.

Payments for unit-based services without programming.

Payments for
unit-based services without programming, including night supervision, personal support,
respite, and companion care provided to an individual outside of any day or residential
service plan must be calculated as follows unless the services are authorized separately
under subdivision 6 or 7:

(1) for all services except respite, determine the number of units of service to meet a
recipient's needs;

(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;

(3) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (2). This is defined as the customized direct care rate;

(4) multiply the number of direct staff hours by the appropriate staff wage in subdivision
5 or the customized direct care rate;

(5) multiply the number of direct staff hours by the product of the supervision span of
control ratio in subdivision 5, paragraph (f), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (21);

(6) combine the results of clauses (4) and (5), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (f), clause
(2). This is defined as the direct staffing rate;

(7) for program plan support, multiply the result of clause (6) by one plus the program
plan support ratio in subdivision 5, paragraph (f), clause (4);

(8) for employee-related expenses, multiply the result of clause (7) by one plus the
employee-related cost ratio in subdivision 5, paragraph (f), clause (3);

(9) for client programming and supports, multiply the result of clause (8) by one plus
the client programming and support ratio in subdivision 5, paragraph (f), clause (5);

(10) this is the subtotal rate;

(11) sum the standard general and administrative rate, the program-related expense ratio,
and the absence and utilization factor ratio;

(12) divide the result of clause (10) by one minus the result of clause (11). This is the
total payment amount;

(13) for respite services, determine the number of day units of service to meet an
individual's needs;

(14) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;

(15) for a recipient requiring deaf and hard-of-hearing customization under subdivision
12, add the customization rate provided in subdivision 12 to the result of clause (14). This
is defined as the customized direct care rate;

(16) multiply the number of direct staff hours by the appropriate staff wage in subdivision
5, paragraph (a);

(17) multiply the number of direct staff hours by the product of the supervisory span of
control ratio in subdivision 5, paragraph (g), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (21);

(18) combine the results of clauses (16) and (17), and multiply the result by one plus
the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (g),
clause (2). This is defined as the direct staffing rate;

(19) for employee-related expenses, multiply the result of clause (18) by one plus the
employee-related cost ratio in subdivision 5, paragraph (g), clause (3);

(20) this is the subtotal rate;

(21) sum the standard general and administrative rate, the program-related expense ratio,
and the absence and utilization factor ratio;new text begin and
new text end

(22) divide the result of clause (20) by one minus the result of clause (21). This is the
total payment amountdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (23) adjust the result of clauses (12) and (22) by a factor to be determined by the
commissioner to adjust for regional differences in the cost of providing services.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 23.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 10, is
amended to read:


Subd. 10.

Updating payment values and additional information.

(a) From January
1, 2014, through December 31, 2017, the commissioner shall develop and implement uniform
procedures to refine terms and adjust values used to calculate payment rates in this section.

(b) No later than July 1, 2014, the commissioner shall, within available resources, begin
to conduct research and gather data and information from existing state systems or other
outside sources on the following items:

(1) differences in the underlying cost to provide services and care across the state; and

(2) mileage, vehicle type, lift requirements, incidents of individual and shared rides, and
units of transportation for all day services, which must be collected from providers using
the rate management worksheet and entered into the rates management system; and

(3) the distinct underlying costs for services provided by a license holder under sections
245D.05, 245D.06, 245D.07, 245D.071, 245D.081, and 245D.09, and for services provided
by a license holder certified under section 245D.33.

(c) Beginning January 1, 2014, through December 31, 2018, using a statistically valid
set of rates management system data, the commissioner, in consultation with stakeholders,
shall analyze for each service the average difference in the rate on December 31, 2013, and
the framework rate at the individual, provider, lead agency, and state levels. The
commissioner shall issue semiannual reports to the stakeholders on the difference in rates
by service and by county during the banding period under section 256B.4913, subdivision
4a
. The commissioner shall issue the first report by October 1, 2014, and the final report
shall be issued by December 31, 2018.

(d) No later than July 1, 2014, the commissioner, in consultation with stakeholders, shall
begin the review and evaluation of the following values already in subdivisions 6 to 9, or
issues that impact all services, including, but not limited to:

(1) values for transportation rates;

(2) values for services where monitoring technology replaces staff time;

(3) values for indirect services;

(4) values for nursing;

(5) values for the facility use rate in day services, and the weightings used in the day
service ratios and adjustments to those weightings;

(6) values for workers' compensation as part of employee-related expenses;

(7) values for unemployment insurance as part of employee-related expenses;

(8) any changes in state or federal law with a direct impact on the underlying cost of
providing home and community-based services; deleted text beginand
deleted text end

(9) new text begindirect care staff labor market measures; and
new text end

new text begin (10) new text endoutcome measures, determined by the commissioner, for home and community-based
services rates determined under this section.

(e) The commissioner shall report to the chairs and the ranking minority members of
the legislative committees and divisions with jurisdiction over health and human services
policy and finance with the information and data gathered under paragraphs (b) to (d) on
the following dates:

(1) January 15, 2015, with preliminary results and data;

(2) January 15, 2016, with a status implementation update, and additional data and
summary information;

(3) January 15, 2017, with the full report; and

(4) January 15, 2020, with another full report, and a full report once every four years
thereafter.

(f) The commissioner shall implement a regional adjustment factor to all rate calculations
in subdivisions 6 to 9, effective no later than January 1, 2015. Beginning July 1, 2017, the
commissioner shall renew analysis and implement changes to the regional adjustment factors
when adjustments required under subdivision 5, paragraph (h), occur. Prior to
implementation, the commissioner shall consult with stakeholders on the methodology to
calculate the adjustment.

(g) The commissioner shall provide a public notice via LISTSERV in October of each
year beginning October 1, 2014, containing information detailing legislatively approved
changes in:

(1) calculation values including derived wage rates and related employee and
administrative factors;

(2) service utilization;

(3) county and tribal allocation changes; and

(4) information on adjustments made to calculation values and the timing of those
adjustments.

The information in this notice must be effective January 1 of the following year.

(h) When the available shared staffing hours in a residential setting are insufficient to
meet the needs of an individual who enrolled in residential services after January 1, 2014,
or insufficient to meet the needs of an individual with a service agreement adjustment
described in section 256B.4913, subdivision 4a, paragraph (f), then individual staffing hours
shall be used.

(i) The commissioner shall study the underlying cost of absence and utilization for day
services. Based on the commissioner's evaluation of the data collected under this paragraph,
the commissioner shall make recommendations to the legislature by January 15, 2018, for
changes, if any, to the absence and utilization factor ratio component value for day services.

(j) Beginning July 1, 2017, the commissioner shall collect transportation and trip
information for all day services through the rates management system.

Sec. 24.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 10a, is
amended to read:


Subd. 10a.

Reporting and analysis of cost data.

(a) The commissioner must ensure
that wage values and component values in subdivisions 5 to 9 reflect the cost to provide the
service. As determined by the commissioner, in consultation with stakeholders identified
in section 256B.4913, subdivision 5, a provider enrolled to provide services with rates
determined under this section must submit requested cost data to the commissioner to support
research on the cost of providing services that have rates determined by the disability waiver
rates system. Requested cost data may include, but is not limited to:

(1) worker wage costs;

(2) benefits paid;

(3) supervisor wage costs;

(4) executive wage costs;

(5) vacation, sick, and training time paid;

(6) taxes, workers' compensation, and unemployment insurance costs paid;

(7) administrative costs paid;

(8) program costs paid;

(9) transportation costs paid;

(10) vacancy rates; and

(11) other data relating to costs required to provide services requested by the
commissioner.

(b) At least once in any five-year period, a provider must submit cost data for a fiscal
year that ended not more than 18 months prior to the submission date. The commissioner
shall provide each provider a 90-day notice prior to its submission due date. If a provider
fails to submit required reporting data, the commissioner shall provide notice to providers
that have not provided required data 30 days after the required submission date, and a second
notice for providers who have not provided required data 60 days after the required
submission date. The commissioner shall temporarily suspend payments to the provider if
cost data is not received 90 days after the required submission date. Withheld payments
shall be made once data is received by the commissioner.

(c) The commissioner shall conduct a random validation of data submitted under
paragraph (a) to ensure data accuracy. The commissioner shall analyze cost documentation
in paragraph (a) and provide recommendations for adjustments to cost components.

(d) The commissioner shall analyze cost documentation in paragraph (a) and, in
consultation with stakeholders identified in section 256B.4913, subdivision 5, may submit
recommendations on component values and inflationary factor adjustments to the chairs
and ranking minority members of the legislative committees with jurisdiction over human
services every four years beginning January 1, 2020. The commissioner shall make
recommendations in conjunction with reports submitted to the legislature according to
subdivision 10, paragraph (e). The commissioner shall release cost data in an aggregate
form, and cost data from individual providers shall not be released except as provided for
in current law.

(e) The commissioner, in consultation with stakeholders identified in section 256B.4913,
subdivision 5, shall develop and implement a process for providing training and technical
assistance necessary to support provider submission of cost documentation required under
paragraph (a).

new text begin (f) Beginning January 1, 2019, providers enrolled to provide services with rates
determined under this section shall submit labor market data to the commissioner annually,
including, but not limited to:
new text end

new text begin (1) number of direct care staff;
new text end

new text begin (2) wages of direct care staff;
new text end

new text begin (3) overtime wages of direct care staff;
new text end

new text begin (4) hours worked by direct care staff;
new text end

new text begin (5) overtime hours worked by direct care staff;
new text end

new text begin (6) benefits provided to direct care staff;
new text end

new text begin (7) direct care staff job vacancies; and
new text end

new text begin (8) direct care staff retention rates.
new text end

new text begin (g) Beginning January 15, 2020, the commissioner shall publish annual reports on
provider and state-level labor market data, including, but not limited to:
new text end

new text begin (1) number of direct care staff;
new text end

new text begin (2) wages of direct care staff;
new text end

new text begin (3) overtime wages of direct care staff;
new text end

new text begin (4) hours worked by direct care staff;
new text end

new text begin (5) overtime hours worked by direct care staff;
new text end

new text begin (6) benefits provided to direct care staff;
new text end

new text begin (7) direct care staff job vacancies; and
new text end

new text begin (8) direct care staff retention rates.
new text end

Sec. 25.

Minnesota Statutes 2016, section 256B.5012, is amended by adding a subdivision
to read:


new text begin Subd. 18. new text end

new text begin ICF/DD rate increase effective July 1, 2018; Steele County. new text end

new text begin Effective July
1, 2018, the daily rate for an intermediate care facility for persons with developmental
disabilities located in Steele County that is classified as a class B facility and licensed for
16 beds is $400. The increase under this subdivision is in addition to any other increase that
is effective on July 1, 2018.
new text end

Sec. 26.

Minnesota Statutes 2016, section 256R.53, subdivision 2, is amended to read:


Subd. 2.

Nursing deleted text beginfacilitydeleted text endnew text begin facilitiesnew text end in deleted text beginBreckenridgedeleted text endnew text begin border citiesnew text end.

The operating
payment rate of a nonprofit nursing facility that exists on January 1, 2015, is located within
the boundaries of the deleted text begincitydeleted text endnew text begin citiesnew text end of Breckenridgenew text begin or Moorheadnew text end, and is reimbursed under this
chapter, is equal to the greater of:

(1) the operating payment rate determined under section 256R.21, subdivision 3; or

(2) the median case mix adjusted rates, including comparable rate components as
determined by the median case mix adjusted rates, including comparable rate components
as determined by the commissioner, for the equivalent case mix indices of the nonprofit
nursing facility or facilities located in an adjacent city in another state and in cities contiguous
to the adjacent city. new text beginThe commissioner shall make the comparison required in this subdivision
on November 1 of each year and shall apply it to the rates to be effective on the following
January 1.
new text end The Minnesota facility's operating payment rate with a case mix index of 1.0 is
computed by dividing the adjacent city's nursing facility or facilities' median operating
payment rate with an index of 1.02 by 1.02. new text beginIf the adjustments under this subdivision result
in a rate that exceeds the limits in section 256R.23, subdivision 5, and whose costs exceed
the rate in section 256R.24, subdivision 3, in a given rate year, the facility's rate shall not
be subject to the limits in section 256R.23, subdivision 5, and shall not be limited to the
rate established in section 256R.24, subdivision 3, for that rate year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The rate increases for a facility located in Moorhead are effective
for the rate year beginning January 1, 2020, and annually thereafter.
new text end

Sec. 27.

Laws 2014, chapter 312, article 27, section 76, is amended to read:


Sec. 76. DISABILITY WAIVER REIMBURSEMENT RATE ADJUSTMENTS.

deleted text begin Subdivision 1. deleted text end

deleted text begin Historical rate. deleted text end

The commissioner of human services shall adjust the
historical rates calculated in Minnesota Statutes, section 256B.4913, subdivision 4a,
paragraph (b), in effect during the banding period under Minnesota Statutes, section
256B.4913, subdivision 4a, paragraph (a), for the reimbursement rate increases effective
April 1, 2014, and any rate modification enacted during the 2014 legislative session.

deleted text begin Subd. 2. deleted text end

deleted text begin Residential support services. deleted text end

deleted text begin The commissioner of human services shall adjust
the rates calculated in Minnesota Statutes, section 256B.4914, subdivision 6, paragraphs
(b), clause (4), and (c), for the reimbursement rate increases effective April 1, 2014, and
any rate modification enacted during the 2014 legislative session.
deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Day programs. deleted text end

deleted text begin The commissioner of human services shall adjust the rates
calculated in Minnesota Statutes, section 256B.4914, subdivision 7, paragraph (a), clauses
(15) to (17), for the reimbursement rate increases effective April 1, 2014, and any rate
modification enacted during the 2014 legislative session.
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Unit-based services with programming. deleted text end

deleted text begin The commissioner of human services
shall adjust the rate calculated in Minnesota Statutes, section 256B.4914, subdivision 8,
paragraph (a), clause (14), for the reimbursement rate increases effective April 1, 2014, and
any rate modification enacted during the 2014 legislative session.
deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Unit-based services without programming. deleted text end

deleted text begin The commissioner of human
services shall adjust the rate calculated in Minnesota Statutes, section 256B.4914, subdivision
9
, paragraph (a), clause (23), for the reimbursement rate increases effective April 1, 2014,
and any rate modification enacted during the 2014 legislative session.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 28.

Laws 2017, First Special Session chapter 6, article 3, section 49, is amended to
read:


Sec. 49. ELECTRONIC deleted text beginSERVICE DELIVERY DOCUMENTATION SYSTEMdeleted text endnew text begin
VISIT VERIFICATION
new text end.

Subdivision 1.

Documentation; establishment.

The commissioner of human services
shall establish implementation requirements and standards for deleted text beginandeleted text end electronic deleted text beginservice delivery
documentation system
deleted text endnew text begin visit verificationnew text end to comply with the 21st Century Cures Act, Public
Law 114-255. Within available appropriations, the commissioner shall take steps to comply
with the electronic visit verification requirements in the 21st Century Cures Act, Public
Law 114-255.

Subd. 2.

Definitions.

(a) For purposes of this section, the terms in this subdivision have
the meanings given them.

(b) "Electronic deleted text beginservice delivery documentationdeleted text endnew text begin visit verificationnew text end" means the electronic
documentation of the:

(1) type of service performed;

(2) individual receiving the service;

(3) date of the service;

(4) location of the service delivery;

(5) individual providing the service; and

(6) time the service begins and ends.

(c) "Electronic deleted text beginservice delivery documentationdeleted text endnew text begin visit verificationnew text end system" means a system
that provides electronic deleted text beginservice delivery documentationdeleted text endnew text begin verification of servicesnew text end that complies
with the 21st Century Cures Act, Public Law 114-255, and the requirements of subdivision
3.

(d) "Service" means one of the following:

(1) personal care assistance services as defined in Minnesota Statutes, section 256B.0625,
subdivision 19a
, and provided according to Minnesota Statutes, section 256B.0659; deleted text beginor
deleted text end

(2) community first services and supports under Minnesota Statutes, section 256B.85new text begin;
new text end

new text begin (3) home health services under Minnesota Statutes, section 256B.0625, subdivision 6a;
or
new text end

new text begin (4) other medical supplies and equipment or home and community-based services that
are required to be electronically verified by the 21st Century Cures Act, Public Law 114-255
new text end.

Subd. 3.

Requirements.

(a) In developing implementation requirements for deleted text beginandeleted text end electronic
deleted text begin service delivery documentation systemdeleted text endnew text begin visit verificationnew text end, the commissioner shall deleted text beginconsider
electronic visit verification systems and other electronic service delivery documentation
methods. The commissioner shall convene stakeholders that will be impacted by an electronic
service delivery system, including service providers and their representatives, service
recipients and their representatives, and, as appropriate, those with expertise in the
development and operation of an electronic service delivery documentation system, to
deleted text end ensure
that the requirements:

(1) are minimally administratively and financially burdensome to a provider;

(2) are minimally burdensome to the service recipient and the least disruptive to the
service recipient in receiving and maintaining allowed services;

(3) consider existing best practices and use of electronic deleted text beginservice delivery documentationdeleted text endnew text begin
visit verification
new text end;

(4) are conducted according to all state and federal laws;

(5) are effective methods for preventing fraud when balanced against the requirements
of clauses (1) and (2); and

(6) are consistent with the Department of Human Services' policies related to covered
services, flexibility of service use, and quality assurance.

(b) The commissioner shall make training available to providers on the electronic deleted text beginservice
delivery documentation
deleted text endnew text begin visit verificationnew text end system requirements.

(c) The commissioner shall establish baseline measurements related to preventing fraud
and establish measures to determine the effect of electronic deleted text beginservice delivery documentationdeleted text endnew text begin
visit verification
new text end requirements on program integrity.

new text begin (d) The commissioner shall make a state-selected electronic visit verification system
available to providers of services.
new text end

new text begin Subd. 3a. new text end

new text begin Provider requirements. new text end

new text begin (a) Providers of services may select their own
electronic visit verification system that meets the requirements established by the
commissioner.
new text end

new text begin (b) All electronic visit verification systems used by providers to comply with the
requirements established by the commissioner must provide data to the commissioner in a
format and at a frequency to be established by the commissioner.
new text end

new text begin (c) Providers must implement the electronic visit verification systems required under
this section by January 1, 2019, for personal care services and by January 1, 2023, for home
health services in accordance with the 21st Century Cures Act, Public Law 114-255, and
the Centers for Medicare and Medicaid Services guidelines. For the purposes of this
paragraph, "personal care services" and "home health services" have the meanings given
in United States Code, title 42, section 1396b(l)(5).
new text end

deleted text begin Subd. 4. deleted text end

deleted text begin Legislative report. deleted text end

deleted text begin (a) The commissioner shall submit a report by January 15,
2018, to the chairs and ranking minority members of the legislative committees with
jurisdiction over human services with recommendations, based on the requirements of
subdivision 3, to establish electronic service delivery documentation system requirements
and standards. The report shall identify:
deleted text end

deleted text begin (1) the essential elements necessary to operationalize a base-level electronic service
delivery documentation system to be implemented by January 1, 2019; and
deleted text end

deleted text begin (2) enhancements to the base-level electronic service delivery documentation system to
be implemented by January 1, 2019, or after, with projected operational costs and the costs
and benefits for system enhancements.
deleted text end

deleted text begin (b) The report must also identify current regulations on service providers that are either
inefficient, minimally effective, or will be unnecessary with the implementation of an
electronic service delivery documentation system.
deleted text end

Sec. 29. new text beginDIRECTION TO COMMISSIONER; PRESCRIBED PEDIATRIC
EXTENDED CARE.
new text end

new text begin No later than August 15, 2018, the commissioner of human services shall submit to the
federal Centers for Medicare and Medicaid Services any medical assistance state plan
amendments necessary to cover prescribed pediatric extended care center basic services
according to Minnesota Statutes, section 256B.0625, subdivision 65.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 30. new text beginDIRECTION TO COMMISSIONER; BI AND CADI WAIVER
CUSTOMIZED LIVING SERVICES PROVIDER LOCATED IN HENNEPIN
COUNTY.
new text end

new text begin (a) The commissioner of human services shall allow a housing with services establishment
located in Minneapolis that provides customized living and 24-hour customized living
services for clients enrolled in the brain injury (BI) or community access for disability
inclusion (CADI) waiver and had a capacity to serve 66 clients as of July 1, 2017, to transfer
service capacity of up to 66 clients to no more than three new housing with services
establishments located in Hennepin County.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 256B.492, the commissioner shall
determine the new housing with services establishments described under paragraph (a) meet
the BI and CADI waiver customized living and 24-hour customized living size limitation
exception for clients receiving those services at the new housing with services establishments
described under paragraph (a).
new text end

Sec. 31. new text beginDIRECTION TO COMMISSIONER; DISABILITY WAIVER RATE
SYSTEM.
new text end

new text begin Between July 1, 2018, and December 31, 2018, the commissioner of human services
shall continue to reimburse the Centers for Medicare and Medicaid Services for the
disallowed federal share of the rate increases described in Laws 2014, chapter 312, article
27, section 76, subdivisions 2 to 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 32. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall codify Laws 2017, First Special Session chapter 6, article
3, section 49, as amended in this article, in Minnesota Statutes, chapter 256B.
new text end

new text begin (b) The revisor of statutes shall change the term "developmental disability waiver" or
similar terms to "developmental disabilities waiver" or similar terms wherever they appear
in Minnesota Statutes and Minnesota Rules. The revisor shall also make technical and other
necessary changes to sentence structure to preserve the meaning of the text.
new text end

Sec. 33. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 256B.0705, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end


ARTICLE 6

PROTECTIONS FOR OLDER ADULTS AND VULNERABLE ADULTS

Section 1. new text beginCITATION.
new text end

new text begin Sections 1 to 62 may be cited as the "Vulnerable Adult Maltreatment Prevention and
Accountability Act of 2018."
new text end

Sec. 2.

Minnesota Statutes 2016, section 144.6501, subdivision 3, is amended to read:


Subd. 3.

Contracts of admission.

(a) A facility shall make complete unsigned copies
of its admission contract available to potential applicants and to the state or local long-term
care ombudsman immediately upon request.

(b) A facility shall post conspicuously within the facility, in a location accessible to
public view, either a complete copy of its admission contract or notice of its availability
from the facility.

(c) An admission contract must be printed in black type of at least ten-point type size.
The facility shall give a complete copy of the admission contract to the resident or the
resident's legal representative promptly after it has been signed by the resident or legal
representative.

new text begin (d) The admission contract must contain the name, address, and contact information of
the current owner, manager, and if different from the owner, license holder of the facility,
and the name and physical mailing address of at least one natural person who is authorized
to accept service of process.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end An admission contract is a consumer contract under sections 325G.29 to 325G.37.

deleted text begin (e)deleted text endnew text begin (f)new text end All admission contracts must state in bold capital letters the following notice to
applicants for admission: "NOTICE TO APPLICANTS FOR ADMISSION. READ YOUR
ADMISSION CONTRACT. ORAL STATEMENTS OR COMMENTS MADE BY THE
FACILITY OR YOU OR YOUR REPRESENTATIVE ARE NOT PART OF YOUR
ADMISSION CONTRACT UNLESS THEY ARE ALSO IN WRITING. DO NOT RELY
ON ORAL STATEMENTS OR COMMENTS THAT ARE NOT INCLUDED IN THE
WRITTEN ADMISSION CONTRACT."

Sec. 3.

Minnesota Statutes 2016, section 144.6501, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Changes to contracts of admission. new text end

new text begin Within 30 days of a change in ownership,
management, or license holder, the facility must provide prompt written notice to the resident
or resident's legal representative of a new owner, manager, and if different from the owner,
license holder of the facility, and the name and physical mailing address of any new or
additional natural person not identified in the admission contract who is newly authorized
to accept service of process.
new text end

Sec. 4.

Minnesota Statutes 2016, section 144.651, subdivision 1, is amended to read:


Subdivision 1.

Legislative intent.

It is the intent of the legislature and the purpose of
this section to promote the interests and well being of the patients and residents of health
care facilities. new text beginIt is the intent of this section that every patient's and resident's civil and
religious liberties, including the right to independent personal decisions and knowledge of
available choices, must not be infringed and that the facility must encourage and assist in
the fullest possible exercise of these rights. The rights provided under this section are
established for the benefit of patients and residents.
new text endNo health care facility may require new text beginor
request
new text enda patient or resident to waive new text beginany of new text endthese rightsnew text begin at any time or for any reason
including
new text end as a condition of admission to the facility. Any guardian or conservator of a patient
or resident or, in the absence of a guardian or conservator, an interested person, may seek
enforcement of these rights on behalf of a patient or resident. An interested person may also
seek enforcement of these rights on behalf of a patient or resident who has a guardian or
conservator through administrative agencies or in district court having jurisdiction over
guardianships and conservatorships. Pending the outcome of an enforcement proceeding
the health care facility may, in good faith, comply with the instructions of a guardian or
conservator. deleted text beginIt is the intent of this section that every patient's civil and religious liberties,
including the right to independent personal decisions and knowledge of available choices,
shall not be infringed and that the facility shall encourage and assist in the fullest possible
exercise of these rights.
deleted text end

Sec. 5.

Minnesota Statutes 2016, section 144.651, subdivision 2, is amended to read:


Subd. 2.

Definitions.

new text begin(a) new text endFor the purposes of this section, new text beginthe terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) new text end"Patient" meansnew text begin:
new text end

new text begin (1) new text enda person who is admitted to an acute care inpatient facility for a continuous period
longer than 24 hours, for the purpose of diagnosis or treatment bearing on the physical or
mental health of that persondeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) a minor who is admitted to a residential program as defined in section 253C.01;
new text end

new text begin (3) new text endfor purposes of subdivisions new text begin1, new text end4 to 9, 12, 13, 15, 16, and 18 to 20, deleted text begin"patient" also
means
deleted text end a person who receives health care services at an outpatient surgical center or at a
birth center licensed under section 144.615deleted text begin. "Patient" also means a minor who is admitted
to a residential program as defined in section 253C.01.
deleted text endnew text begin; and
new text end

new text begin (4) new text endfor purposes of subdivisions 1, 3 to 16, 18, 20 and 30, deleted text begin"patient" also meansdeleted text end any
person who is receiving mental health treatment on an outpatient basis or in a community
support program or other community-based program.

new text begin (c)new text end "Resident" means a person who is admitted tonew text begin:
new text end

new text begin (1)new text end a nonacute care facility including extended care facilitiesdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2) a new text endnursing deleted text beginhomes, anddeleted text end new text beginhome;
new text end

new text begin (3) a new text endboarding care deleted text beginhomesdeleted text endnew text begin homenew text end for care required because of prolonged mental or physical
illness or disability, recovery from injury or disease, or advancing agedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) new text endfor purposes of deleted text beginall subdivisions exceptdeleted text end subdivisions deleted text begin28 and 29, "resident" also means
a person who is admitted to
deleted text end new text begin 1 to 27 and 30 to 33, new text enda facility licensed as a board and lodging
facility under Minnesota Rules, deleted text beginparts 4625.0100 to 4625.2355deleted text endnew text begin chapter 4625new text end, or a supervised
living facility under Minnesota Rules, deleted text beginparts 4665.0100 to 4665.9900deleted text endnew text begin chapter 4665new text end, and
which operates a rehabilitation program licensed under Minnesota Rules, parts deleted text begin9530.6405deleted text endnew text begin
9530.6510
new text end to 9530.6590.

new text begin (d) "Health care facility" or "facility" means:
new text end

new text begin (1) an acute care inpatient facility;
new text end

new text begin (2) a residential program as defined in section 253C.01;
new text end

new text begin (3) for purposes of subdivisions 1, 4 to 9, 12, 13, 15, 16, and 18 to 20, an outpatient
surgical center or a birth center licensed under section 144.615;
new text end

new text begin (4) for purposes of subdivisions 1, 3 to 16, 18, 20, and 30, a setting in which outpatient
mental health services are provided, or a community support program or other
community-based program providing mental health treatment;
new text end

new text begin (5) a nonacute care facility, including extended care facilities;
new text end

new text begin (6) a nursing home;
new text end

new text begin (7) a boarding care home for care required because of prolonged mental or physical
illness or disability, recovery from injury or disease, or advancing age; or
new text end

new text begin (8) for the purposes of subdivisions 1 to 27 and 30 to 33, a facility licensed as a board
and lodging facility under Minnesota Rules, parts 4625.0100 to 4625.2355, or a supervised
living facility under Minnesota Rules, parts 4665.0100 to 4665.9900, and which operates
a rehabilitation program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590.
new text end

Sec. 6.

Minnesota Statutes 2016, section 144.651, subdivision 4, is amended to read:


Subd. 4.

Information about rights.

new text begin(a) new text endPatients and residents shall, at admission, be
told that there are legal rights for their protection during their stay at the facility or throughout
their course of treatment and maintenance in the community and that these are described
in an accompanying written statement new text beginin plain language and in terms patients and residents
can understand
new text endof the applicable rights and responsibilities set forth in this section. new text beginThe
written statement must be developed by the commissioner, in consultation with stakeholders,
and must also include the name, address, and telephone number of the state or county agency
to contact for additional information or assistance.
new text endIn the case of patients admitted to
residential programs as defined in section 253C.01, the written statement shall also describe
the right of a person 16 years old or older to request release as provided in section 253B.04,
subdivision 2
, and shall list the names and telephone numbers of individuals and organizations
that provide advocacy and legal services for patients in residential programs.

new text begin (b) new text endReasonable accommodations shall be made for people who have communication
disabilities and those who speak a language other than English.

new text begin (c) new text endCurrent facility policies, inspection findings of state and local health authorities, and
further explanation of the written statement of rights shall be available to patients, residents,
their guardians or their chosen representatives upon reasonable request to the administrator
or other designated staff person, consistent with chapter 13, the Data Practices Act, and
section 626.557, relating to vulnerable adults.

Sec. 7.

Minnesota Statutes 2016, section 144.651, subdivision 14, is amended to read:


Subd. 14.

Freedom from maltreatment.

new text begin(a) new text endPatients and residents shall be free from
maltreatment as defined in the Vulnerable Adults Protection Act. "Maltreatment" means
conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic
infliction of physical pain or injury, or any persistent course of conduct intended to produce
mental or emotional distress. new text beginPatients and residents shall receive notification from the lead
investigative agency regarding a report of alleged maltreatment, disposition of a report, and
appeal rights, as provided under section 626.557, subdivision 9c.
new text end

new text begin (b) new text endEvery patient and resident shall also be free from nontherapeutic chemical and
physical restraints, except in fully documented emergencies, or as authorized in writing
after examination by a patient's or resident's physician for a specified and limited period of
time, and only when necessary to protect the resident from self-injury or injury to others.

Sec. 8.

Minnesota Statutes 2016, section 144.651, subdivision 16, is amended to read:


Subd. 16.

Confidentiality of records.

Patients and residents shall be assured confidential
treatment of their personalnew text begin, financial,new text end and medical records, and may approve or refuse their
release to any individual outside the facility. Residents shall be notified when personal
records are requested by any individual outside the facility and may select someone to
accompany them when the records or information are the subject of a personal interview.
new text begin Patients and residents have a right to access their own records and written information from
those records.
new text endCopies of records and written information from the records shall be made
available in accordance with this subdivision and sections 144.291 to 144.298. This right
does not apply to complaint investigations and inspections by the Department of Health,
where required by third-party payment contracts, or where otherwise provided by law.

Sec. 9.

Minnesota Statutes 2016, section 144.651, subdivision 20, is amended to read:


Subd. 20.

Grievances.

new text begin(a) new text endPatients and residents shall be encouraged and assisted,
throughout their stay in a facility or their course of treatment, to understand and exercise
their rights as patients, residents, and citizens. Patients and residents may voice grievancesnew text begin,
assert the rights granted under this section personally,
new text end and recommend changes in policies
and services to facility staff and others of their choice, free from restraint, interference,
coercion, discrimination, new text beginretaliation, new text endor reprisal, including threat of discharge. deleted text beginNotice of the
grievance procedure of the facility or program, as well as addresses and telephone numbers
for the Office of Health Facility Complaints and the area nursing home ombudsman pursuant
to the Older Americans Act, section 307(a)(12) shall be posted in a conspicuous place.
deleted text end

new text begin (b) The facility must investigate and attempt resolution of the complaint or grievance.
The patient or resident has the right to be informed of the name of the individual who is
responsible for handling grievances.
new text end

new text begin (c) Notice must be posted in a conspicuous place of the facility's or program's grievance
procedure, as well as telephone numbers and, where applicable, addresses for the common
entry point, as defined in section 626.5572, subdivision 5, the protection and advocacy
agency, and the area ombudsman for long-term care pursuant to the Older Americans Act,
section 307(a)(12).
new text end

new text begin (d) new text endEvery acute care inpatient facility, every residential program as defined in section
253C.01, every nonacute care facility, and every facility employing more than two people
that provides outpatient mental health services shall have a written internal grievance
procedure that, at a minimum, sets forth the process to be followed; specifies time limits,
including time limits for facility response; provides for the patient or resident to have the
assistance of an advocate; requires a written response to written grievances; and provides
for a timely decision by an impartial decision maker if the grievance is not otherwise resolved.
Compliance by hospitals, residential programs as defined in section 253C.01 which are
hospital-based primary treatment programs, and outpatient surgery centers with section
144.691 and compliance by health maintenance organizations with section 62D.11 is deemed
to be compliance with the requirement for a written internal grievance procedure.

Sec. 10.

Minnesota Statutes 2016, section 144.651, subdivision 21, is amended to read:


Subd. 21.

Communication privacy.

Patients and residents may associate and
communicate privately with persons of their choice and enter and, except as provided by
the Minnesota Commitment Act, leave the facility as they choose. Patients and residents
shall have access, at their new text beginown new text endexpensenew text begin, unless provided by the facilitynew text end, to writing instruments,
stationery, deleted text beginanddeleted text end postagenew text begin, and Internet servicenew text end. Personal mail shall be sent without interference
and received unopened unless medically or programmatically contraindicated and
documented by the physician in the medical record. There shall be access to a telephone
where patients and residents can make and receive calls as well as speak privately. Facilities
which are unable to provide a private area shall make reasonable arrangements to
accommodate the privacy of patients' or residents' calls. Upon admission to a facility where
federal law prohibits unauthorized disclosure of patient or resident identifying information
to callers and visitors, the patient or resident, or the legal guardian or conservator of the
patient or resident, shall be given the opportunity to authorize disclosure of the patient's or
resident's presence in the facility to callers and visitors who may seek to communicate with
the patient or resident. To the extent possible, the legal guardian or conservator of a patient
or resident shall consider the opinions of the patient or resident regarding the disclosure of
the patient's or resident's presence in the facility. This right is limited where medically
inadvisable, as documented by the attending physician in a patient's or resident's care record.
Where programmatically limited by a facility abuse prevention plan pursuant to section
626.557, subdivision 14, paragraph (b), this right shall also be limited accordingly.

Sec. 11.

new text begin [144.6511] CONSUMER TRANSPARENCY.
new text end

new text begin (a) For purposes of this section, "facility" means a facility listed in section 144.651,
subdivision 2, paragraph (d); a housing with services establishment registered under chapter
144D; or an assisted living setting regulated under chapter 144G.
new text end

new text begin (b) Deceptive marketing and business practices by a facility or by a home care provider
licensed under sections 144A.43 to 144A.482, are prohibited.
new text end

new text begin (c) For the purposes of this section, it is a deceptive practice for a facility or home care
provider to:
new text end

new text begin (1) make any false, fraudulent, deceptive, or misleading statements in marketing,
advertising, or written description or representation of care or services, whether in written
or electronic form;
new text end

new text begin (2) arrange for or provide health care or services other than those contracted for;
new text end

new text begin (3) fail to deliver any care or services the provider or facility promised that the facility
was able to provide;
new text end

new text begin (4) fail to inform the patient or resident in writing of any limitations to care services
available prior to executing a contract for admission;
new text end

new text begin (5) fail to fulfill a written promise that the facility shall continue the same services and
the same lease terms if a private pay resident converts to the elderly waiver program;
new text end

new text begin (6) fail to disclose in writing the purpose of a nonrefundable community fee or other fee
prior to contracting for services with a patient or resident;
new text end

new text begin (7) advertise or represent, in writing, that the facility is or has a special care unit, such
as for dementia or memory care, without complying with training and disclosure requirements
under sections 144D.065 and 325F.72, and any other applicable law; or
new text end

new text begin (8) define the terms "facility," "contract of admission," "admission contract," "admission
agreement," "legal representative," or "responsible party" to mean anything other than the
meanings of those terms under section 144.6501.
new text end

Sec. 12.

Minnesota Statutes 2016, section 144A.10, subdivision 1, is amended to read:


Subdivision 1.

Enforcement authority.

The commissioner of health is the exclusive
state agency charged with the responsibility and duty of inspecting all facilities required to
be licensed under section 144A.02new text begin, and issuing correction orders and imposing fines as
provided in this section, Minnesota Rules, chapter 4658, or any other applicable law
new text end. The
commissioner of health shall enforce the rules established pursuant to sections 144A.01 to
144A.155, subject only to the authority of the Department of Public Safety respecting the
enforcement of fire and safety standards in nursing homes and the responsibility of the
commissioner of human services under sections 245A.01 to 245A.16 or 252.28.

The commissioner may request and must be given access to relevant information, records,
incident reports, or other documents in the possession of a licensed facility if the
commissioner considers them necessary for the discharge of responsibilities. For the purposes
of inspections and securing information to determine compliance with the licensure laws
and rules, the commissioner need not present a release, waiver, or consent of the individual.
new text begin A facility's refusal to cooperate in providing lawfully requested information is grounds for
a correction order or fine.
new text endThe identities of patients or residents must be kept private as
defined by section 13.02, subdivision 12.

Sec. 13.

Minnesota Statutes 2017 Supplement, section 144A.10, subdivision 4, is amended
to read:


Subd. 4.

Correction orders.

Whenever a duly authorized representative of the
commissioner of health finds upon inspection of a nursing home, that the facility or a
controlling person or an employee of the facility is not in compliance with sections 144.411
to 144.417, 144.651, 144.6503, 144A.01 to 144A.155, or 626.557 or the rules promulgated
thereunder, a correction order shall be issued to the facility. The correction order shall state
the deficiency, cite the specific rule or statute violated, state the suggested method of
correction, and specify the time allowed for correction. new text beginUpon receipt of a correction order,
a facility shall develop and submit to the commissioner a corrective action plan based on
the correction order. The corrective action plan must specify the steps the facility will take
to correct the violation and to prevent such violations in the future, how the facility will
monitor its compliance with the corrective action plan, and when the facility plans to
complete the steps in the corrective action plan. The commissioner is presumed to accept
a corrective action plan unless the commissioner notifies the submitting facility that the
plan is not accepted within 15 calendar days after the plan is submitted to the commissioner.
The commissioner shall monitor the facility's compliance with the corrective action plan.
new text end If the commissioner finds that the nursing home had uncorrected or repeated violations
which create a risk to resident care, safety, or rights, the commissioner shall notify the
commissioner of human services.

Sec. 14.

Minnesota Statutes 2016, section 144A.44, subdivision 1, is amended to read:


Subdivision 1.

Statement of rights.

A person who receives home care services has these
rights:

(1) the right to receive written information about rights before receiving services,
including what to do if rights are violated;

(2) the right to receive care and services according to a suitable and up-to-date plan, and
subject to accepted health care, medical or nursing standards, to take an active part in
developing, modifying, and evaluating the plan and services;

(3) the right to be told before receiving services the type and disciplines of staff who
will be providing the services, the frequency of visits proposed to be furnished, other choices
that are available for addressing home care needs, and the potential consequences of refusing
these services;

(4) the right to be told in advance of any recommended changes by the provider in the
service plan and to take an active part in any decisions about changes to the service plan;

(5) the right to refuse services or treatment;

(6) the right to know, before receiving services or during the initial visit, any limits to
the services available from a home care provider;

(7) the right to be told before services are initiated what the provider charges for the
services; to what extent payment may be expected from health insurance, public programs,
or other sources, if known; and what charges the client may be responsible for paying;

(8) the right to know that there may be other services available in the community,
including other home care services and providers, and to know where to find information
about these services;

(9) the right to choose freely among available providers and to change providers after
services have begun, within the limits of health insurance, long-term care insurance, medical
assistance, or other health programs;

(10) the right to have personal, financial, and medical information kept private, and to
be advised of the provider's policies and procedures regarding disclosure of such information;

(11) the right to access the client's own records and written information from those
records in accordance with sections 144.291 to 144.298;

(12) the right to be served by people who are properly trained and competent to perform
their duties;

(13) the right to be treated with courtesy and respect, and to have the client's property
treated with respect;

(14) the right to be free from physical and verbal abuse, neglect, financial exploitation,
and all forms of maltreatment covered under the Vulnerable Adults Act and the Maltreatment
of Minors Act;

(15) the right to reasonable, advance notice of changes in services or charges;

(16) the right to know the provider's reason for termination of services;

(17) the right to at least ten days' advance notice of the termination of a service by a
provider, except in cases where:

(i) the client engages in conduct that significantly alters the terms of the service plan
with the home care provider;

(ii) the client, person who lives with the client, or others create an abusive or unsafe
work environment for the person providing home care services; or

(iii) an emergency or a significant change in the client's condition has resulted in service
needs that exceed the current service plan and that cannot be safely met by the home care
provider;

(18) the right to a coordinated transfer when there will be a change in the provider of
services;

(19) the right to complain about services that are provided, or fail to be provided, and
the lack of courtesy or respect to the client or the client's property;

new text begin (20) the right to recommend changes in policies and services to the home care provider,
provider staff, and others of the person's choice, free from restraint, interference, coercion,
discrimination, or reprisal, including threat of termination of services;
new text end

deleted text begin (20)deleted text endnew text begin (21)new text end the right to know how to contact an individual associated with the home care
provider who is responsible for handling problems and to have the home care provider
investigate and attempt to resolve the grievance or complaint;

deleted text begin (21)deleted text endnew text begin (22)new text end the right to know the name and address of the state or county agency to contact
for additional information or assistance; and

deleted text begin (22)deleted text endnew text begin (23)new text end the right to assert these rights personally, or have them asserted by the client's
representative or by anyone on behalf of the client, without retaliation.

Sec. 15.

Minnesota Statutes 2016, section 144A.442, is amended to read:


144A.442 deleted text beginASSISTED LIVING CLIENTS; SERVICEdeleted text end new text beginARRANGED HOME CARE
PROVIDER RESPONSIBILITIES;
new text endTERMINATIONnew text begin OF SERVICESnew text end.

new text begin Subdivision 1. new text end

new text begin Contents of service termination notice. new text end

If an arranged home care
provider, as defined in section 144D.01, subdivision 2a, who is not also Medicare certified
terminates a service agreement or service plan with an assisted living client, as defined in
section 144G.01, subdivision 3, the home care provider shall provide the assisted living
client and the legal or designated representatives of the client, if any, with a written notice
of termination deleted text beginwhichdeleted text endnew text begin thatnew text end includes the following information:

(1) the effective date of termination;

(2) the reason for termination;

(3) without extending the termination notice period, an affirmative offer to meet with
the assisted living client or client representatives within no more than five business days of
the date of the termination notice to discuss the termination;

(4) contact information for a reasonable number of other home care providers in the
geographic area of the assisted living client, as required by section 144A.4791, subdivision
10
;

(5) a statement that the provider will participate in a coordinated transfer of the care of
the client to another provider or caregiver, as required by section 144A.44, subdivision 1,
clause (18);

(6) the name and contact information of a representative of the home care provider with
whom the client may discuss the notice of termination;

(7) a copy of the home care bill of rights; and

(8) a statement that the notice of termination of home care services by the home care
provider does not constitute notice of termination of the housing with services contract with
a housing with services establishment.

new text begin Subd. 2. new text end

new text begin Discontinuation of services. new text end

new text begin An arranged home care provider's responsibilities
when voluntarily discontinuing services to all clients are governed by section 144A.4791,
subdivision 10.
new text end

Sec. 16.

Minnesota Statutes 2016, section 144A.45, subdivision 1, is amended to read:


Subdivision 1.

Regulations.

The commissioner shall regulate home care providers
pursuant to sections 144A.43 to 144A.482. The regulations shall include the following:

(1) provisions to assure, to the extent possible, the health, safety, well-being, and
appropriate treatment of persons who receive home care services while respecting a client's
autonomy and choice;

(2) requirements that home care providers furnish the commissioner with specified
information necessary to implement sections 144A.43 to 144A.482;

(3) standards of training of home care provider personnel;

(4) standards for provision of home care services;

(5) standards for medication management;

(6) standards for supervision of home care services;

(7) standards for client evaluation or assessment;

(8) requirements for the involvement of a client's health care provider, the documentation
of health care providers' orders, if required, and the client's service plan;

(9) new text beginstandards for new text endthe maintenance of accurate, current client records;

(10) the establishment of basic and comprehensive levels of licenses based on services
provided; and

(11) provisions to enforce these regulations and the home care bill of rightsnew text begin, including
provisions for issuing penalties and fines as allowed under law
new text end.

Sec. 17.

Minnesota Statutes 2016, section 144A.45, subdivision 2, is amended to read:


Subd. 2.

Regulatory functions.

The commissioner shall:

(1) license, survey, and monitor without advance notice, home care providers in
accordance with sections 144A.43 to 144A.482;

(2) survey every temporary licensee within one year of the temporary license issuance
date subject to the temporary licensee providing home care services to a client or clients;

(3) survey all licensed home care providers on an interval that will promote the health
and safety of clients;

(4) with the consent of the client, visit the home where services are being provided;

(5) issue correction orders and assess civil penalties in accordance with deleted text beginsectiondeleted text endnew text begin sectionsnew text end
144.653, subdivisions 5 to 8new text begin, 144A.474, and 144A.475new text end, for violations of sections 144A.43
to 144A.482;

(6) take action as authorized in section 144A.475; and

(7) take other action reasonably required to accomplish the purposes of sections 144A.43
to 144A.482.

Sec. 18.

Minnesota Statutes 2016, section 144A.473, subdivision 2, is amended to read:


Subd. 2.

Temporary license.

(a) For new license applicants, the commissioner shall
issue a temporary license for either the basic or comprehensive home care level. A temporary
license is effective for up to one year from the date of issuance. Temporary licensees must
comply with sections 144A.43 to 144A.482.

(b) During the temporary license deleted text beginyeardeleted text endnew text begin periodnew text end, the commissioner shall survey the temporary
licensee new text beginwithin 90 calendar days new text endafter the commissioner is notified or has evidence that the
temporary licensee is providing home care services.

(c) Within five days of beginning the provision of services, the temporary licensee must
notify the commissioner that it is serving clients. The notification to the commissioner may
be mailed or e-mailed to the commissioner at the address provided by the commissioner. If
the temporary licensee does not provide home care services during the temporary license
deleted text begin yeardeleted text endnew text begin periodnew text end, then the temporary license expires at the end of the deleted text beginyeardeleted text endnew text begin periodnew text end and the applicant
must reapply for a temporary home care license.

(d) A temporary licensee may request a change in the level of licensure prior to being
surveyed and granted a license by notifying the commissioner in writing and providing
additional documentation or materials required to update or complete the changed temporary
license application. The applicant must pay the difference between the application fees
when changing from the basic level to the comprehensive level of licensure. No refund will
be made if the provider chooses to change the license application to the basic level.

(e) If the temporary licensee notifies the commissioner that the licensee has clients within
45 days prior to the temporary license expiration, the commissioner may extend the temporary
license for up to 60 days in order to allow the commissioner to complete the on-site survey
required under this section and follow-up survey visits.

Sec. 19.

Minnesota Statutes 2016, section 144A.474, subdivision 2, is amended to read:


Subd. 2.

Types of home care surveys.

(a) "Initial full survey" means the survey of a
new temporary licensee conducted after the department is notified or has evidence that the
temporary licensee is providing home care services to determine if the provider is in
compliance with home care requirements. Initial full surveys must be completed within 14
months after the department's issuance of a temporary basic or comprehensive license.

new text begin (b) "Change in ownership survey" means a full survey of a new licensee due to a change
in ownership. Change in ownership surveys must be completed within six months after the
department's issuance of a new license due to a change in ownership.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end "Core survey" means periodic inspection of home care providers to determine
ongoing compliance with the home care requirements, focusing on the essential health and
safety requirements. Core surveys are available to licensed home care providers who have
been licensed for three years and surveyed at least once in the past three years with the latest
survey having no widespread violations beyond Level 1 as provided in subdivision 11.
Providers must also not have had any substantiated licensing complaints, substantiated
complaints against the agency under the Vulnerable Adults Act or Maltreatment of Minors
Act, or an enforcement action as authorized in section 144A.475 in the past three years.

(1) The core survey for basic home care providers must review compliance in the
following areas:

(i) reporting of maltreatment;

(ii) orientation to and implementation of the home care bill of rights;

(iii) statement of home care services;

(iv) initial evaluation of clients and initiation of services;

(v) client review and monitoring;

(vi) service plan implementation and changes to the service plan;

(vii) client complaint and investigative process;

(viii) competency of unlicensed personnel; and

(ix) infection control.

(2) For comprehensive home care providers, the core survey must include everything
in the basic core survey plus these areas:

(i) delegation to unlicensed personnel;

(ii) assessment, monitoring, and reassessment of clients; and

(iii) medication, treatment, and therapy management.

deleted text begin (c)deleted text endnew text begin (d)new text end "Full survey" means the periodic inspection of home care providers to determine
ongoing compliance with the home care requirements that cover the core survey areas and
all the legal requirements for home care providers. A full survey is conducted for all
temporary licensees and for providers who do not meet the requirements needed for a core
survey, and when a surveyor identifies unacceptable client health or safety risks during a
core survey. A full survey must include all the tasks identified as part of the core survey
and any additional review deemed necessary by the department, including additional
observation, interviewing, or records review of additional clients and staff.

deleted text begin (d)deleted text endnew text begin (e)new text end "Follow-up surveys" means surveys conducted to determine if a home care
provider has corrected deficient issues and systems identified during a core survey, full
survey, or complaint investigation. Follow-up surveys may be conducted via phone, e-mail,
fax, mail, or on-site reviews. Follow-up surveys, other than complaint surveys, shall be
concluded with an exit conference and written information provided on the process for
requesting a reconsideration of the survey results.

deleted text begin (e)deleted text endnew text begin (f)new text end Upon receiving information alleging that a home care provider has violated or is
currently violating a requirement of sections 144A.43 to 144A.482, the commissioner shall
investigate the complaint according to sections 144A.51 to 144A.54.

Sec. 20.

Minnesota Statutes 2016, section 144A.474, subdivision 8, is amended to read:


Subd. 8.

Correction orders.

(a) A correction order may be issued whenever the
commissioner finds upon survey or during a complaint investigation that a home care
provider, a managerial official, or an employee of the provider is not in compliance with
sections 144A.43 to 144A.482. The correction order shall cite the specific statute and
document areas of noncompliance and the time allowed for correction.

(b) The commissioner shall mail copies of any correction order to the last known address
of the home care provider, or electronically scan the correction order and e-mail it to the
last known home care provider e-mail address, within 30 calendar days after the survey exit
date. A copy of each correction order and copies of any documentation supplied to the
commissioner shall be kept on file by the home care provider, and public documents shall
be made available for viewing by any person upon request. Copies may be kept electronically.

(c) By the correction order date, the home care provider must deleted text begindocument in the provider's
records any action taken to comply with the correction order. The commissioner may request
a copy of this documentation and the home care provider's action to respond to the correction
order in future surveys, upon a complaint investigation, and as otherwise needed
deleted text endnew text begin develop
and submit to the commissioner a corrective action plan based on the correction order. The
corrective action plan must specify the steps the provider will take to comply with the
correction order and how to prevent noncompliance in the future, how the provider will
monitor its compliance with the corrective action plan, and when the provider plans to
complete the steps in the corrective action plan. The commissioner is presumed to accept
a corrective action plan unless the commissioner notifies the submitting home care provider
that the plan is not accepted within 15 calendar days after the plan is submitted to the
commissioner. The commissioner shall monitor the provider's compliance with the corrective
action plan
new text end.

Sec. 21.

Minnesota Statutes 2016, section 144A.474, subdivision 9, is amended to read:


Subd. 9.

Follow-up surveys.

For providers that have Level 3 or Level 4 violations under
subdivision 11, or any violations determined to be widespread, the department shall conduct
a follow-up survey within 90 calendar days of the survey. When conducting a follow-up
survey, the surveyor will focus on whether the previous violations have been corrected and
may also address any new violations that are observed while evaluating the corrections that
have been made. If a new violation is identified on a follow-up survey, deleted text beginno fine will be
imposed unless it is not corrected on the next follow-up survey
deleted text endnew text begin the surveyor shall issue a
correction order for the new violation and may impose an immediate fine for the new
violation
new text end.

Sec. 22.

Minnesota Statutes 2017 Supplement, section 144A.474, subdivision 11, is
amended to read:


Subd. 11.

Fines.

(a) Fines and enforcement actions under this subdivision may be assessed
based on the level and scope of the violations described in paragraph (c) as follows:

(1) Level 1, no fines or enforcement;

(2) Level 2, fines ranging from $0 to $500, in addition to any of the enforcement
mechanisms authorized in section 144A.475 for widespread violations;

(3) Level 3, fines ranging from $500 to $1,000, in addition to any of the enforcement
mechanisms authorized in section 144A.475; and

(4) Level 4, fines ranging from $1,000 to $5,000, in addition to any of the enforcement
mechanisms authorized in section 144A.475.

(b) Correction orders for violations are categorized by both level and scope and fines
shall be assessed as follows:

(1) level of violation:

(i) Level 1 is a violation that has no potential to cause more than a minimal impact on
the client and does not affect health or safety;

(ii) Level 2 is a violation that did not harm a client's health or safety but had the potential
to have harmed a client's health or safety, but was not likely to cause serious injury,
impairment, or death;

(iii) Level 3 is a violation that harmed a client's health or safety, not including serious
injury, impairment, or death, or a violation that has the potential to lead to serious injury,
impairment, or death; and

(iv) Level 4 is a violation that results in serious injury, impairment, or death.

(2) scope of violation:

(i) isolated, when one or a limited number of clients are affected or one or a limited
number of staff are involved or the situation has occurred only occasionally;

(ii) pattern, when more than a limited number of clients are affected, more than a limited
number of staff are involved, or the situation has occurred repeatedly but is not found to be
pervasive; and

(iii) widespread, when problems are pervasive or represent a systemic failure that has
affected or has the potential to affect a large portion or all of the clients.

(c) If the commissioner finds that the applicant or a home care provider required to be
licensed under sections 144A.43 to 144A.482 has not corrected violations by the date
specified in the correction order or conditional license resulting from a survey or complaint
investigation, the commissioner may impose deleted text beginadeleted text endnew text begin an additionalnew text end finenew text begin for noncompliance with
a correction order
new text end. A notice of noncompliance with a correction order must be mailed to
the applicant's or provider's last known address. The deleted text beginnoncompliancedeleted text end notice new text beginof noncompliance
with a correction order
new text endmust list the violations not correctednew text begin and any fines imposednew text end.

(d) The license holder must pay the fines assessed on or before the payment date specifiednew text begin
on a correction order or on a notice of noncompliance with a correction order
new text end. If the license
holder fails to deleted text beginfully comply with the orderdeleted text endnew text begin pay a fine by the specified datenew text end, the commissioner
may issue a deleted text beginseconddeleted text end new text beginlate payment new text endfine or suspend the license until the license holder deleted text begincomplies
by paying the fine
deleted text endnew text begin pays all outstanding finesnew text end. A timely appeal shall stay payment of the new text beginlate
payment
new text endfine until the commissioner issues a final order.

(e) A license holder shall promptly notify the commissioner in writing when a violation
specified in deleted text beginthe orderdeleted text endnew text begin a notice of noncompliance with a correction ordernew text end is corrected. If upon
reinspection the commissioner determines that a violation has not been corrected as indicated
by the deleted text beginorderdeleted text endnew text begin notice of noncompliance with a correction ordernew text end, the commissioner may issue
deleted text begin a seconddeleted text endnew text begin an additionalnew text end finenew text begin for noncompliance with a notice of noncompliance with a
correction order
new text end. The commissioner shall notify the license holder by mail to the last known
address in the licensing record that deleted text begina seconddeleted text end new text beginan additional new text endfine has been assessed. The license
holder may appeal the deleted text beginseconddeleted text endnew text begin additionalnew text end fine as provided under this subdivision.

(f) A home care provider that has been assessed a fine under this subdivision new text beginor
subdivision 8
new text endhas a right to a reconsideration or a hearing under this section and chapter 14.

(g) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder shall be liable for payment of the fine.

(h) In addition to any fine imposed under this section, the commissioner may assess
costs related to an investigation that results in a final order assessing a fine or other
enforcement action authorized by this chapter.

(i) Fines collected under this subdivision shall be deposited in the state government
special revenue fund and credited to an account separate from the revenue collected under
section 144A.472. Subject to an appropriation by the legislature, the revenue from the fines
collected must be used by the commissioner for special projects to improve home care in
Minnesota as recommended by the advisory council established in section 144A.4799.

Sec. 23.

Minnesota Statutes 2016, section 144A.479, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Deceptive marketing and business practices. new text end

new text begin Deceptive marketing and
business practices by a home care provider are prohibited. For purposes of this subdivision,
it is a deceptive practice for a home care provider to engage in any conduct listed in section
144.6511.
new text end

Sec. 24.

Minnesota Statutes 2016, section 144A.4791, subdivision 10, is amended to read:


Subd. 10.

Termination of service plan.

(a) new text beginExcept as provided in section 144A.442, new text endif
a home care provider terminates a service plan with a client, and the client continues to need
home care services, the home care provider shall provide the client and the client's
representative, if any, with a written notice of termination which includes the following
information:

(1) the effective date of termination;

(2) the reason for termination;

(3) a list of known licensed home care providers in the client's immediate geographic
area;

(4) a statement that the home care provider will participate in a coordinated transfer of
care of the client to another home care provider, health care provider, or caregiver, as
required by the home care bill of rights, section 144A.44, subdivision 1, clause (17);

(5) the name and contact information of a person employed by the home care provider
with whom the client may discuss the notice of termination; and

(6) if applicable, a statement that the notice of termination of home care services does
not constitute notice of termination of the housing with services contract with a housing
with services establishment.

(b) When the home care provider voluntarily discontinues services to all clients, the
home care provider must notify the commissioner, lead agencies, and ombudsman for
long-term care about its clients and comply with the requirements in this subdivision.

Sec. 25.

Minnesota Statutes 2016, section 144A.53, subdivision 1, is amended to read:


Subdivision 1.

Powers.

The director may:

(a) Promulgate by rule, pursuant to chapter 14, and within the limits set forth in
subdivision 2, the methods by which complaints against health facilities, health care
providers, home care providers, deleted text beginor residential care homes,deleted text end or administrative agencies are
to be made, reviewed, investigated, and acted upon; provided, however, that a fee may not
be charged for filing a complaint.

(b) Recommend legislation and changes in rules to the state commissioner of health,
governor, administrative agencies or the federal government.

(c) Investigate, upon a complaint or upon initiative of the director, any action or failure
to act by a health care provider, home care provider, deleted text beginresidential care home,deleted text end or a health
facility.

(d) Request and receive access to relevant information, records, incident reports, or
documents in the possession of an administrative agency, a health care provider, a home
care provider, deleted text begina residential care home,deleted text end or a health facility, and issue investigative subpoenas
to individuals and facilities for oral information and written information, including privileged
information which the director deems necessary for the discharge of responsibilities. For
purposes of investigation and securing information to determine violations, the director
need not present a release, waiver, or consent of an individual. The identities of patients or
residents must be kept private as defined by section 13.02, subdivision 12.

(e) Enter and inspect, at any time, a health facility deleted text beginor residential care homedeleted text end and be
permitted to interview staff; provided that the director shall not unduly interfere with or
disturb the provision of care and services within the facility deleted text beginor homedeleted text end or the activities of a
patient or resident unless the patient or resident consents.

(f) Issue correction orders and assess civil fines pursuant to deleted text beginsectiondeleted text end new text beginsections new text end144.653new text begin,
144A.10, 144A.45, and 144A.474; Minnesota Rules, chapters 4655, 4658, 4664, and 4665;
new text end
or any other law deleted text beginwhichdeleted text endnew text begin or rule thatnew text end provides for the issuance of correction orders new text beginor fines
new text end to health facilities or home care deleted text beginprovider, or under section 144A.45deleted text endnew text begin providers. This authority
includes the authority to issue correction orders and assess civil fines for violations identified
in the appeal or review process
new text end. A new text beginhealth new text endfacility's or deleted text beginhome'sdeleted text endnew text begin home care provider'snew text end refusal
to cooperate in providing lawfully requested information may also be grounds for a correction
ordernew text begin or finenew text end.

(g) Recommend the certification or decertification of health facilities pursuant to Title
XVIII or XIX of the United States Social Security Act.

(h) Assist patients or residents of health facilities deleted text beginor residential care homesdeleted text end in the
enforcement of their rights under Minnesota law.

(i) Work with administrative agencies, health facilities, home care providers, residential
care homes, and health care providers and organizations representing consumers on programs
designed to provide information about health facilities to the public and to health facility
residents.

Sec. 26.

Minnesota Statutes 2016, section 144A.53, subdivision 4, is amended to read:


Subd. 4.

Referral of complaints.

new text begin(a) new text endIf a complaint received by the director relates to
a matter more properly within the jurisdiction of new text beginlaw enforcement, new text endan occupational licensing
boardnew text begin,new text end or other governmental agency, the director shall forward the complaint deleted text beginto that agencydeleted text endnew text begin
appropriately
new text end and shall inform the complaining party of the forwarding. deleted text beginThe
deleted text end

new text begin (b) An new text endagency shall promptly act in respect to the complaint, and shall inform the
complaining party and the director of its disposition. If a governmental agency receives a
complaint which is more properly within the jurisdiction of the director, it shall promptly
forward the complaint to the director, and shall inform the complaining party of the
forwarding.

new text begin (c) new text endIf the director has reason to believe that an official or employee of an administrative
agency, a home care provider, deleted text beginresidential care home, ordeleted text end health facilitynew text begin, or a client or resident
of any of these entities
new text end has acted in a manner warranting criminal or disciplinary proceedings,
the director shall refer the matter to the state commissioner of health, the commissioner of
human services, an appropriate prosecuting authority, or other appropriate agency.

Sec. 27.

Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Safety and quality improvement technical panel. new text end

new text begin The director shall establish
an expert technical panel to examine and make recommendations, on an ongoing basis, on
how to apply proven safety and quality improvement practices and infrastructure to settings
and providers that provide long-term services and supports. The technical panel must include
representation from nonprofit Minnesota-based organizations dedicated to patient safety or
innovation in health care safety and quality, Department of Health staff with expertise in
issues related to adverse health events, the University of Minnesota, organizations
representing long-term care providers and home care providers in Minnesota, national patient
safety experts, and other experts in the safety and quality improvement field. The technical
panel shall periodically provide recommendations to the legislature on legislative changes
needed to promote safety and quality improvement practices in long-term care settings and
with long-term care providers.
new text end

Sec. 28.

Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Training and operations panel. new text end

new text begin (a) The director shall establish a training and
operations panel within the Office of Health Facility Complaints to examine and make
recommendations, on an ongoing basis, on continual improvements to the operation of the
office. The training and operations panel shall be composed of office staff, including
investigators and intake and triage staff, one or more representatives of the commissioner's
office, and employees from any other divisions in the Department of Health with relevant
knowledge or expertise. The training and operations panel may also consult with employees
from other agencies in state government with relevant knowledge or expertise.
new text end

new text begin (b) The training and operations panel shall examine and make recommendations to the
director and the commissioner regarding introducing or refining office systems, procedures,
and staff training in order to improve office and staff efficiency; enhance communications
between the office, health care facilities, home care providers, and residents or clients; and
provide for appropriate, effective protection for vulnerable adults through rigorous
investigations and enforcement of laws. Panel duties include but are not limited to:
new text end

new text begin (1) developing the office's training processes to adequately prepare and support
investigators in performing their duties;
new text end

new text begin (2) developing clear, consistent internal policies for conducting investigations as required
by federal law, including policies to ensure staff meet the deadlines in state and federal laws
for triaging, investigating, and making final dispositions of cases involving maltreatment,
and procedures for notifying the vulnerable adult, reporter, and facility of any delays in
investigations; communicating these policies to staff in a clear, timely manner; and
developing procedures to evaluate and modify these internal policies on an ongoing basis;
new text end

new text begin (3) developing and refining quality control measures for the intake and triage processes,
through such practices as reviewing a random sample of the triage decisions made in case
reports or auditing a random sample of the case files to ensure the proper information is
being collected, the files are being properly maintained, and consistent triage and
investigations determinations are being made;
new text end

new text begin (4) developing and maintaining systems and procedures to accurately determine the
situations in which the office has jurisdiction over a maltreatment allegation;
new text end

new text begin (5) developing and maintaining audit procedures for investigations to ensure investigators
obtain and document information necessary to support decisions;
new text end

new text begin (6) developing and maintaining procedures to, following a maltreatment determination,
clearly communicate the appeal or review rights of all parties upon final disposition; and
new text end

new text begin (7) continuously upgrading the information on and utility of the office's Web site through
such steps as providing clear, detailed information about the appeal or review rights of
vulnerable adults, alleged perpetrators, and providers and facilities.
new text end

Sec. 29.

Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Posting maltreatment reports, correction orders, certification deficiencies.
new text end

new text begin (a) The director shall post on the Department of Health Web site the following information
for the past three years:
new text end

new text begin (1) the public portions of all substantiated reports of maltreatment of a vulnerable adult
at a facility or by a provider for which the Department of Health is the lead investigative
agency under section 626.557;
new text end

new text begin (2) all state licensing correction orders and federal certification deficiencies that are
issued as a result of an investigation of maltreatment of a vulnerable adult and issued to a
facility or provider for which the Department of Health is the lead investigative agency
under section 626.557; and
new text end

new text begin (3) whether the facility or provider has requested reconsideration or initiated any type
of dispute resolution or appeal of the correction order, deficiency, or report.
new text end

new text begin (b) Following a reconsideration, dispute resolution, or appeal, the director must update
the information posted under this subdivision to reflect the results of the reconsideration,
dispute resolution, or appeal. The director must also update the information posted under
this subdivision regarding a correction order issued to a facility or provider to indicate that
the facility or provider is in substantial compliance with the correction order, upon a
determination of substantial compliance by the commissioner.
new text end

new text begin (c) The information posted under this subdivision must be posted in coordination with
other divisions or sections at the Department of Health and in a manner that does not duplicate
information already published by the Department of Health, and must be posted in a format
that allows consumers to search the information by facility or provider name and by the
physical address of the facility or the local business address of the provider.
new text end

Sec. 30.

Minnesota Statutes 2016, section 144D.01, subdivision 1, is amended to read:


Subdivision 1.

Scope.

As used in deleted text beginsections 144D.01 to 144D.06deleted text endnew text begin this chapternew text end, the following
terms have the meanings given them.

Sec. 31.

Minnesota Statutes 2016, section 144D.02, is amended to read:


144D.02 REGISTRATION REQUIRED.

No entity may establish, operate, conduct, or maintain a housing with services
establishment in this state without registering and operating as required in sections 144D.01
to deleted text begin144D.06deleted text endnew text begin 144D.11new text end.

Sec. 32.

Minnesota Statutes 2017 Supplement, section 144D.04, subdivision 2, is amended
to read:


Subd. 2.

Contents of contract.

A housing with services contract, which need not be
entitled as such to comply with this section, shall include at least the following elements in
itself or through supporting documents or attachments:

(1) the name, street address, and mailing address of the establishment;

(2) the name and mailing address of the owner or owners of the establishment and, if
the owner or owners is not a natural person, identification of the type of business entity of
the owner or owners;

(3) the name and mailing address of the managing agent, through management agreement
or lease agreement, of the establishment, if different from the owner or owners;

(4) the name and new text beginphysical mailing new text endaddress of at least one natural person who is authorized
to accept service of process on behalf of the owner or owners and managing agent;

(5) a statement describing the registration and licensure status of the establishment and
any provider providing health-related or supportive services under an arrangement with the
establishment;

(6) the term of the contract;

(7) a description of the services to be provided to the resident in the base rate to be paid
by the resident, including a delineation of the portion of the base rate that constitutes rent
and a delineation of charges for each service included in the base rate;

(8) a description of any additional services, including home care services, available for
an additional fee from the establishment directly or through arrangements with the
establishment, and a schedule of fees charged for these services;

(9) a conspicuous notice informing the tenant of the policy concerning the conditions
under which and the process through which the contract may be modified, amended, or
terminated, including whether a move to a different room or sharing a room would be
required in the event that the tenant can no longer pay the current rent;

(10) a description of the establishment's complaint resolution process available to residents
including the toll-free complaint line for the Office of Ombudsman for Long-Term Care;

(11) the resident's designated representative, if any;

(12) the establishment's referral procedures if the contract is terminated;

(13) requirements of residency used by the establishment to determine who may reside
or continue to reside in the housing with services establishment;

(14) billing and payment procedures and requirements;

(15) a statement regarding the ability of a resident to receive services from service
providers with whom the establishment does not have an arrangement;

(16) a statement regarding the availability of public funds for payment for residence or
services in the establishment; deleted text beginand
deleted text end

(17) a statement regarding the availability of and contact information for long-term care
consultation services under section 256B.0911 in the county in which the establishment is
locatednew text begin;
new text end

new text begin (18) a statement that a resident has the right to request a reasonable accommodation;
and
new text end

new text begin (19) a statement describing the conditions under which a contract may be amendednew text end.

Sec. 33.

Minnesota Statutes 2016, section 144D.04, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Changes to contract. new text end

new text begin The housing with services establishment must provide
prompt written notice to the resident or resident's legal representative of a new owner or
manager of the housing with services establishment, and the name and physical mailing
address of any new or additional natural person not identified in the admission contract who
is authorized to accept service of process.
new text end

Sec. 34.

new text begin [144D.044] INFORMATION REQUIRED TO BE POSTED.
new text end

new text begin A housing with services establishment must post conspicuously within the establishment,
in a location accessible to public view, the following information:
new text end

new text begin (1) the name, mailing address, and contact information of the current owner or owners
of the establishment and, if the owner or owners are not natural persons, identification of
the type of business entity of the owner or owners;
new text end

new text begin (2) the name, mailing address, and contact information of the managing agent, through
management agreement or lease agreement, of the establishment, if different from the owner
or owners, and the name and contact information of the on-site manager, if any; and
new text end

new text begin (3) the name and mailing address of at least one natural person who is authorized to
accept service of process on behalf of the owner or owners and managing agent.
new text end

Sec. 35.

new text begin [144D.095] TERMINATION OF SERVICES.
new text end

new text begin A termination of services initiated by an arranged home care provider is governed by
section 144A.442.
new text end

Sec. 36.

Minnesota Statutes 2016, section 144G.01, subdivision 1, is amended to read:


Subdivision 1.

Scope; other definitions.

For purposes of sections 144G.01 to deleted text begin144G.05deleted text endnew text begin
144G.08
new text end, the following definitions apply. In addition, the definitions provided in section
144D.01 also apply to sections 144G.01 to deleted text begin144G.05deleted text endnew text begin 144G.08new text end.

Sec. 37.

new text begin [144G.07] TERMINATION OF LEASE.
new text end

new text begin A lease termination initiated by a registered housing with services establishment using
"assisted living" is governed by section 144D.09.
new text end

Sec. 38.

new text begin [144G.08] TERMINATION OF SERVICES.
new text end

new text begin A termination of services initiated by an arranged home care provider as defined in
section 144D.01, subdivision 2a, is governed by section 144A.442.
new text end

Sec. 39.

Minnesota Statutes 2017 Supplement, section 256.045, subdivision 3, is amended
to read:


Subd. 3.

State agency hearings.

(a) State agency hearings are available for the following:

(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or the
federal Food Stamp Act whose application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed
to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245Cdeleted text begin,deleted text endnew text begin:
new text end

new text begin (i) new text endany individual or facility determined by a lead investigative agency to have maltreated
a vulnerable adult under section 626.557 after they have exercised their right to administrative
reconsideration under section 626.557;new text begin and
new text end

new text begin (ii) any vulnerable adult who is the subject of a maltreatment investigation under section
626.557 or a guardian or health care agent of the vulnerable adult, after the right to
administrative reconsideration under section 626.557, subdivision 9d, has been exercised;
new text end

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section 626.556 is denied or not
acted upon with reasonable promptness, regardless of funding source;

(6) any person to whom a right of appeal according to this section is given by other
provision of law;

(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver
under section 256B.15;

(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(9) except as provided under chapter 245A, an individual or facility determined to have
maltreated a minor under section 626.556, after the individual or facility has exercised the
right to administrative reconsideration under section 626.556;

(10) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
individual has committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) or (9) and a disqualification under this clause in which the
basis for a disqualification is serious or recurring maltreatment, shall be consolidated into
a single fair hearing. In such cases, the scope of review by the human services judge shall
include both the maltreatment determination and the disqualification. The failure to exercise
the right to an administrative reconsideration shall not be a bar to a hearing under this section
if federal law provides an individual the right to a hearing to dispute a finding of
maltreatment;

(11) any person with an outstanding debt resulting from receipt of public assistance,
medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt;

(12) a person issued a notice of service termination under section 245D.10, subdivision
3a, from residential supports and services as defined in section 245D.03, subdivision 1,
paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;

(13) an individual disability waiver recipient based on a denial of a request for a rate
exception under section 256B.4914; or

(14) a person issued a notice of service termination under section 245A.11, subdivision
11, that is not otherwise subject to appeal under subdivision 4a.

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10),
is the only administrative appeal to the final agency determination specifically, including
a challenge to the accuracy and completeness of data under section 13.04. Hearings requested
under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or
after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a contested case
proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),
clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A
hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only
available when there is no district court action pending. If such action is filed in district
court while an administrative review is pending that arises out of some or all of the events
or circumstances on which the appeal is based, the administrative review must be suspended
until the judicial actions are completed. If the district court proceedings are completed,
dismissed, or overturned, the matter may be considered in an administrative hearing.

(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

(d) The scope of hearings involving claims to foster care payments under paragraph (a),
clause (5), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.

(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to
whether the proposed termination of services is authorized under section 245D.10,
subdivision 3a
, paragraph (b), or 245A.11, subdivision 11, and whether the requirements
of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a,
paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of
termination of services, the scope of the hearing shall also include whether the case
management provider has finalized arrangements for a residential facility, a program, or
services that will meet the assessed needs of the recipient by the effective date of the service
termination.

(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing under this section, except if assisting a recipient as provided in subdivision
4.

(g) An applicant or recipient is not entitled to receive social services beyond the services
prescribed under chapter 256M or other social services the person is eligible for under state
law.

(h) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in state
or federal law.

(i) Unless federal or Minnesota law specifies a different time frame in which to file an
appeal, an individual or organization specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving written notice of the action,
decision, or final disposition, or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision
13, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.

Sec. 40.

Minnesota Statutes 2017 Supplement, section 256.045, subdivision 4, is amended
to read:


Subd. 4.

Conduct of hearings.

(a) All hearings held pursuant to subdivision 3, 3a, 3b,
or 4a shall be conducted according to the provisions of the federal Social Security Act and
the regulations implemented in accordance with that act to enable this state to qualify for
federal grants-in-aid, and according to the rules and written policies of the commissioner
of human services. County agencies shall install equipment necessary to conduct telephone
hearings. A state human services judge may schedule a telephone conference hearing when
the distance or time required to travel to the county agency offices will cause a delay in the
issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings
may be conducted by telephone conferences unless the applicant, recipient, former recipient,
person, or facility contesting maltreatment objects. A human services judge may grant a
request for a hearing in person by holding the hearing by interactive video technology or
in person. The human services judge must hear the case in person if the person asserts that
either the person or a witness has a physical or mental disability that would impair the
person's or witness's ability to fully participate in a hearing held by interactive video
technology. The hearing shall not be held earlier than five days after filing of the required
notice with the county or state agency. The state human services judge shall notify all
interested persons of the time, date, and location of the hearing at least five days before the
date of the hearing. Interested persons may be represented by legal counsel or other
representative of their choice, including a provider of therapy services, at the hearing and
may appear personally, testify and offer evidence, and examine and cross-examine witnesses.
The applicant, recipient, former recipient, person, or facility contesting maltreatment shall
have the opportunity to examine the contents of the case file and all documents and records
to be used by the county or state agency at the hearing at a reasonable time before the date
of the hearing and during the hearing. In hearings under subdivision 3, paragraph (a), clauses
(4), (9), and (10), either party may subpoena the private data relating to the investigation
prepared by the agency under section 626.556 or 626.557 that is not otherwise accessible
under section 13.04, provided the identity of the reporter may not be disclosed.

(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph
(a), clause (4), (9), or (10), must be subject to a protective order which prohibits its disclosure
for any other purpose outside the hearing provided for in this section without prior order of
the district court. Disclosure without court order is punishable by a sentence of not more
than 90 days imprisonment or a fine of not more than $1,000, or both. These restrictions on
the use of private data do not prohibit access to the data under section 13.03, subdivision
6
. Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), (9), and (10), upon
request, the county agency shall provide reimbursement for transportation, child care,
photocopying, medical assessment, witness fee, and other necessary and reasonable costs
incurred by the applicant, recipient, or former recipient in connection with the appeal. All
evidence, except that privileged by law, commonly accepted by reasonable people in the
conduct of their affairs as having probative value with respect to the issues shall be submitted
at the hearing and such hearing shall not be "a contested case" within the meaning of section
14.02, subdivision 3. The agency must present its evidence prior to or at the hearing, and
may not submit evidence after the hearing except by agreement of the parties at the hearing,
provided the petitioner has the opportunity to respond.

(c) In hearings under subdivision 3, paragraph (a), clauses (4), (9), and (10), involving
determinations of maltreatment or disqualification made by more than one county agency,
by a county agency and a state agency, or by more than one state agency, the hearings may
be consolidated into a single fair hearing upon the consent of all parties and the state human
services judge.

(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a
vulnerable adult, the human services judge shall notify the vulnerable adult who is the
subject of the maltreatment determination and, if known, a guardian of the vulnerable adult
appointed under section 524.5-310, or a health care agent designated by the vulnerable adult
in a health care directive that is currently effective under section 145C.06 and whose authority
to make health care decisions is not suspended under section 524.5-310, of the hearingnew text begin and
shall notify the facility or individual who is the alleged perpetrator of maltreatment
new text end. The
notice must be sent by certified mail and inform the vulnerable adult new text beginor the alleged perpetrator
new text end of the right to file a signed written statement in the proceedings. A guardian or health care
agent who prepares or files a written statement for the vulnerable adult must indicate in the
statement that the person is the vulnerable adult's guardian or health care agent and sign the
statement in that capacity. The vulnerable adult, the guardian, or the health care agent may
file a written statement with the human services judge hearing the case no later than five
business days before commencement of the hearing. The human services judge shall include
the written statement in the hearing record and consider the statement in deciding the appeal.
This subdivision does not limit, prevent, or excuse the vulnerable adult new text beginor alleged perpetrator
new text end from being called as a witness testifying at the hearing or grant the vulnerable adult, the
guardian, or health care agent a right to participate in the proceedings or appeal the human
services judge's decision in the case. The lead investigative agency must consider including
the vulnerable adult victim of maltreatment as a witness in the hearing. If the lead
investigative agency determines that participation in the hearing would endanger the
well-being of the vulnerable adult or not be in the best interests of the vulnerable adult, the
lead investigative agency shall inform the human services judge of the basis for this
determination, which must be included in the final order. If the human services judge is not
reasonably able to determine the address of the vulnerable adult, the guardian, new text beginthe alleged
perpetrator,
new text endor the health care agent, the human services judge is not required to send a
hearing notice under this subdivision.

Sec. 41.

Minnesota Statutes 2016, section 325F.71, is amended to read:


325F.71 SENIOR CITIZENSnew text begin, VULNERABLE ADULTS,new text end AND deleted text beginDISABLEDdeleted text end
PERSONSnew text begin WITH DISABILITIESnew text end; ADDITIONAL CIVIL PENALTY FOR
DECEPTIVE ACTS.

Subdivision 1.

Definitions.

For the purposes of this section, the following words have
the meanings given them:

(a) "Senior citizen" means a person who is 62 years of age or older.

(b) "deleted text beginDisableddeleted text end Personnew text begin with a disabilitynew text end" means a person who has an impairment of physical
or mental function or emotional status that substantially limits one or more major life
activities.

(c) "Major life activities" means functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

new text begin (d) "Vulnerable adult" has the meaning given in section 626.5572, subdivision 21.
new text end

Subd. 2.

Supplemental civil penalty.

(a) In addition to any liability for a civil penalty
pursuant to sections 325D.43 to 325D.48, regarding deceptive trade practices; 325F.67,
regarding false advertising; and 325F.68 to 325F.70, regarding consumer fraud; a person
who engages in any conduct prohibited by those statutes, and whose conduct is perpetrated
against one or more senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end personsnew text begin with a disabilitynew text end,
is liable for an additional civil penalty not to exceed $10,000 for each violation, if one or
more of the factors in paragraph (b) are present.

(b) In determining whether to impose a civil penalty pursuant to paragraph (a), and the
amount of the penalty, the court shall consider, in addition to other appropriate factors, the
extent to which one or more of the following factors are present:

(1) whether the defendant knew or should have known that the defendant's conduct was
directed to one or more senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end personsnew text begin with a
disability
new text end;

(2) whether the defendant's conduct caused new text beginone or more new text endsenior citizensnew text begin, vulnerable adults,new text end
or deleted text begindisableddeleted text end persons new text beginwith a disability new text endto suffer: loss or encumbrance of a primary residence,
principal employment, or source of income; substantial loss of property set aside for
retirement or for personal or family care and maintenance; substantial loss of payments
received under a pension or retirement plan or a government benefits program; or assets
essential to the health or welfare of the senior citizennew text begin, vulnerable adult,new text end or deleted text begindisableddeleted text end personnew text begin
with a disability
new text end;

(3) whether one or more senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end persons new text beginwith a
disability
new text endare more vulnerable to the defendant's conduct than other members of the public
because of age, poor health or infirmity, impaired understanding, restricted mobility, or
disability, and actually suffered physical, emotional, or economic damage resulting from
the defendant's conduct; or

(4) whether the defendant's conduct caused senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end
persons new text beginwith a disability new text endto make an uncompensated asset transfer that resulted in the person
being found ineligible for medical assistance.

Subd. 3.

Restitution to be given priority.

Restitution ordered pursuant to the statutes
listed in subdivision 2 shall be given priority over imposition of civil penalties designated
by the court under this section.

Subd. 4.

Private remedies.

A person injured by a violation of this section may bring a
civil action and recover damages, together with costs and disbursements, including costs
of investigation and reasonable attorney's fees, and receive other equitable relief as
determined by the court.

Sec. 42.

Minnesota Statutes 2016, section 609.2231, subdivision 8, is amended to read:


Subd. 8.

Vulnerable adults.

(a) As used in this subdivision, "vulnerable adult" has the
meaning given in section 609.232, subdivision 11.

(b) Whoever assaults deleted text beginand inflicts demonstrable bodily harm ondeleted text end a vulnerable adult,
knowing or having reason to know that the person is a vulnerable adult, is guilty of a gross
misdemeanor.

new text begin (c) A person who uses restraints on a vulnerable adult does not violate this subdivision
if (1) the person complies with applicable requirements in state and federal law regarding
the use of restraints; and (2) any force applied in imposing restraints is reasonable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 43.

Minnesota Statutes 2016, section 626.557, subdivision 3, is amended to read:


Subd. 3.

Timing of report.

(a) A mandated reporter who has reason to believe that a
vulnerable adult is being or has been maltreated, or who has knowledge that a vulnerable
adult has sustained a physical injury which is not reasonably explained shall deleted text beginimmediatelydeleted text end
report the information to the common entry pointnew text begin as soon as possible but in no event longer
than 24 hours
new text end. If an individual is a vulnerable adult solely because the individual is admitted
to a facility, a mandated reporter is not required to report suspected maltreatment of the
individual that occurred prior to admission, unless:

(1) the individual was admitted to the facility from another facility and the reporter has
reason to believe the vulnerable adult was maltreated in the previous facility; or

(2) the reporter knows or has reason to believe that the individual is a vulnerable adult
as defined in section 626.5572, subdivision 21, paragraph (a), clause (4).

(b) A person not required to report under the provisions of this section may voluntarily
report as described above.

(c) Nothing in this section requires a report of known or suspected maltreatment, if the
reporter knows or has reason to know that a report has been made to the common entry
point.

(d) Nothing in this section shall preclude a reporter from also reporting to a law
enforcement agency.

(e) A mandated reporter who knows or has reason to believe that an error under section
626.5572, subdivision 17, paragraph (c), clause (5), occurred must make a report under this
subdivision. If the reporter or a facility, at any time believes that an investigation by a lead
investigative agency will determine or should determine that the reported error was not
neglect according to the criteria under section 626.5572, subdivision 17, paragraph (c),
clause (5), the reporter or facility may provide to the common entry point or directly to the
lead investigative agency information explaining how the event meets the criteria under
section 626.5572, subdivision 17, paragraph (c), clause (5). The lead investigative agency
shall consider this information when making an initial disposition of the report under
subdivision 9c.

Sec. 44.

Minnesota Statutes 2016, section 626.557, subdivision 4, is amended to read:


Subd. 4.

Reporting.

(a) Except as provided in paragraph (b), a mandated reporter shall
immediately make an oral report to the common entry point. The common entry point may
accept electronic reports submitted through a Web-based reporting system established by
the commissioner. Use of a telecommunications device for the deaf or other similar device
shall be considered an oral report. The common entry point may not require written reports.
To the extent possible, the report must be of sufficient content to identify the vulnerable
adult, the caregiver, the nature and extent of the suspected maltreatment, any evidence of
previous maltreatment, the name and address of the reporter, the time, date, and location of
the incident, and any other information that the reporter believes might be helpful in
investigating the suspected maltreatment. new text beginThe common entry point must provide a method
for the reporter to electronically submit evidence to support the maltreatment report, including
but not limited to uploading photographs, videos, or documents.
new text endA mandated reporter may
disclose not public data, as defined in section 13.02, and medical records under sections
144.291 to 144.298, to the extent necessary to comply with this subdivision.

(b) A boarding care home that is licensed under sections 144.50 to 144.58 and certified
under Title 19 of the Social Security Act, a nursing home that is licensed under section
144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a hospital
that is licensed under sections 144.50 to 144.58 and has swing beds certified under Code
of Federal Regulations, title 42, section 482.66, may submit a report electronically to the
common entry point instead of submitting an oral report. deleted text beginThe report may be a duplicate of
the initial report the facility submits electronically to the commissioner of health to comply
with the reporting requirements under Code of Federal Regulations, title 42, section 483.13.
deleted text end
The commissioner of health may modify these reporting requirements to include items
required under paragraph (a) that are not currently included in the electronic reporting form.

new text begin (c) All reports must be directed to the common entry point, including reports from
federally licensed facilities, vulnerable adults, and interested persons.
new text end

Sec. 45.

Minnesota Statutes 2016, section 626.557, subdivision 9, is amended to read:


Subd. 9.

Common entry point designation.

(a) Each county board shall designate a
common entry point for reports of suspected maltreatment, for use until the commissioner
of human services establishes a common entry point. Two or more county boards may
jointly designate a single common entry point. The commissioner of human services shall
establish a common entry point effective July 1, 2015. The common entry point is the unit
responsible for receiving the report of suspected maltreatment under this section.

(b) The common entry point must be available 24 hours per day to take calls from
reporters of suspected maltreatment. new text beginThe common entry point staff must receive training
on how to screen and dispatch reports efficiently and in accordance with this section.
new text endThe
common entry point shall use a standard intake form that includes:

(1) the time and date of the report;

(2) the name, address, and telephone number of the person reporting;

(3) the time, date, and location of the incident;

(4) the names of the persons involved, including but not limited to, perpetrators, alleged
victims, and witnesses;

(5) whether there was a risk of imminent danger to the alleged victim;

(6) a description of the suspected maltreatment;

(7) the disability, if any, of the alleged victim;

(8) the relationship of the alleged perpetrator to the alleged victim;

(9) whether a facility was involved and, if so, which agency licenses the facility;

(10) any action taken by the common entry point;

(11) whether law enforcement has been notified;

(12) whether the reporter wishes to receive notification of the initial and final reports;
and

(13) if the report is from a facility with an internal reporting procedure, the name, mailing
address, and telephone number of the person who initiated the report internally.

(c) The common entry point is not required to complete each item on the form prior to
dispatching the report to the appropriate lead investigative agency.

(d) The common entry point shall immediately report to a law enforcement agency any
incident in which there is reason to believe a crime has been committed.

(e) If a report is initially made to a law enforcement agency or a lead investigative agency,
those agencies shall take the report on the appropriate common entry point intake forms
and immediately forward a copy to the common entry point.

(f) The common entry point deleted text beginstaffdeleted text end must deleted text beginreceive training on how to screen and dispatch
reports efficiently and in accordance with this section.
deleted text endnew text begin cross-reference multiple complaints
to the lead investigative agency concerning:
new text end

new text begin (1) the same alleged perpetrator, facility, or licensee;
new text end

new text begin (2) the same vulnerable adult; or
new text end

new text begin (3) the same incident.
new text end

(g) The commissioner of human services shall maintain a centralized database for the
collection of common entry point data, lead investigative agency data including maltreatment
report disposition, and appeals data. The common entry point shall have access to the
centralized database and must log the reports into the database and immediately identify
and locate prior reports of abuse, neglect, or exploitation.

(h) When appropriate, the common entry point staff must refer calls that do not allege
the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might
resolve the reporter's concerns.

(i) A common entry point must be operated in a manner that enables the commissioner
of human services to:

(1) track critical steps in the reporting, evaluation, referral, response, disposition, and
investigative process to ensure compliance with all requirements for all reports;

(2) maintain data to facilitate the production of aggregate statistical reports for monitoring
patterns of abuse, neglect, or exploitation;

(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect, or
exploitation;

(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and

(5) track and manage consumer complaints related to the common entry pointdeleted text begin.deleted text endnew text begin, including
tracking and cross-referencing multiple complaints concerning:
new text end

new text begin (i) the same alleged perpetrator, facility, or licensee;
new text end

new text begin (ii) the same vulnerable adult; and
new text end

new text begin (iii) the same incident.
new text end

(j) The commissioners of human services and health shall collaborate on the creation of
a system for referring reports to the lead investigative agencies. This system shall enable
the commissioner of human services to track critical steps in the reporting, evaluation,
referral, response, disposition, investigation, notification, determination, and appeal processes.

Sec. 46.

Minnesota Statutes 2016, section 626.557, subdivision 9a, is amended to read:


Subd. 9a.

Evaluation and referral of reports made to common entry point.

(a) The
common entry point must screen the reports of alleged or suspected maltreatment for
immediate risk and make all necessary referrals as follows:

(1) if the common entry point determines that there is an immediate need for emergency
adult protective services, the common entry point agency shall immediately notify the
appropriate county agency;

(2) new text beginif the common entry point determines an immediate need exists for response by law
enforcement, including the urgent need to secure a crime scene, interview witnesses, remove
the alleged perpetrator, or safeguard the vulnerable adult's property, or
new text endif the report contains
suspected criminal activity against a vulnerable adult, the common entry point shall
immediately notify the appropriate law enforcement agency;

(3) the common entry point shall refer all reports of alleged or suspected maltreatment
to the appropriate lead investigative agency as soon as possible, but in any event no longer
than two working days;

(4) if the report contains information about a suspicious death, the common entry point
shall immediately notify the appropriate law enforcement agencies, the local medical
examiner, and the ombudsman for mental health and developmental disabilities established
under section 245.92. Law enforcement agencies shall coordinate with the local medical
examiner and the ombudsman as provided by law; and

(5) for reports involving multiple locations or changing circumstances, the common
entry point shall determine the county agency responsible for emergency adult protective
services and the county responsible as the lead investigative agency, using referral guidelines
established by the commissioner.

(b) If the lead investigative agency receiving a report believes the report was referred
by the common entry point in error, the lead investigative agency shall immediately notify
the common entry point of the error, including the basis for the lead investigative agency's
belief that the referral was made in error. The common entry point shall review the
information submitted by the lead investigative agency and immediately refer the report to
the appropriate lead investigative agency.

Sec. 47.

Minnesota Statutes 2016, section 626.557, subdivision 9b, is amended to read:


Subd. 9b.

Response to reports.

Law enforcement is the primary agency to conduct
investigations of any incident in which there is reason to believe a crime has been committed.
Law enforcement shall initiate a response immediately. If the common entry point notified
a county agency for emergency adult protective services, law enforcement shall cooperate
with that county agency when both agencies are involved and shall exchange data to the
extent authorized in subdivision 12b, paragraph deleted text begin(g)deleted text endnew text begin (k)new text end. County adult protection shall initiate
a response immediately. Each lead investigative agency shall complete the investigative
process for reports within its jurisdiction. A lead investigative agency, county, adult protective
agency, licensed facility, or law enforcement agency shall cooperate with other agencies in
the provision of protective services, coordinating its investigations, and assisting another
agency within the limits of its resources and expertise and shall exchange data to the extent
authorized in subdivision 12b, paragraph deleted text begin(g)deleted text endnew text begin (k)new text end. The lead investigative agency shall obtain
the results of any investigation conducted by law enforcement officialsnew text begin, and law enforcement
shall obtain the results of any investigation conducted by the lead investigative agency to
determine if criminal action is warranted
new text end. The lead investigative agency has the right to
enter facilities and inspect and copy records as part of investigations. The lead investigative
agency has access to not public data, as defined in section 13.02, and medical records under
sections 144.291 to 144.298, that are maintained by facilities to the extent necessary to
conduct its investigation. Each lead investigative agency shall develop guidelines for
prioritizing reports for investigation.new text begin Nothing in this subdivision alters the duty of the lead
investigative agency to serve as the agency responsible for investigating reports made under
this section.
new text end

Sec. 48.

Minnesota Statutes 2016, section 626.557, subdivision 9c, is amended to read:


Subd. 9c.

Lead investigative agency; notifications, dispositions, determinations.

(a)
deleted text begin Upon request of the reporter,deleted text end The lead investigative agency shall notify the reporter that it
has received the report, and provide information on the initial disposition of the report within
five business days of receipt of the report, provided that the notification will not endanger
the vulnerable adult or hamper the investigation.

new text begin (b) The lead investigative agency must provide the following information to the vulnerable
adult or the vulnerable adult's guardian or health care agent, if known, within five days of
receipt of the report:
new text end

new text begin (1) the nature of the maltreatment allegations, including the report of maltreatment as
allowed under law;
new text end

new text begin (2) the name of the facility or other location at which alleged maltreatment occurred;
new text end

new text begin (3) the name of the alleged perpetrator if the lead investigative agency believes disclosure
of the name is necessary to protect the vulnerable adult's physical, emotional, or financial
interests;
new text end

new text begin (4) protective measures that may be recommended or taken as a result of the maltreatment
report;
new text end

new text begin (5) contact information for the investigator or other information as requested and allowed
under law; and
new text end

new text begin (6) confirmation of whether the lead investigative agency is investigating the matter
and, if so:
new text end

new text begin (i) an explanation of the process and estimated timeline for the investigation; and
new text end

new text begin (ii) a statement that the lead investigative agency will provide an update on the
investigation approximately every three weeks upon request by the vulnerable adult or the
vulnerable adult's guardian or health care agent and a report when the investigation is
concluded.
new text end

new text begin (c) The lead investigative agency may assign multiple reports of maltreatment for the
same or separate incidences related to the same vulnerable adult to the same investigator,
as deemed appropriate. Reports related to the same vulnerable adult must, at a minimum,
be cross-referenced.
new text end

deleted text begin (b)deleted text end new text begin(d) new text endUpon conclusion of every investigation it conducts, the lead investigative agency
shall make a final disposition as defined in section 626.5572, subdivision 8.

deleted text begin (c)deleted text endnew text begin (e)new text end When determining whether the facility or individual is the responsible party for
substantiated maltreatment or whether both the facility and the individual are responsible
for substantiated maltreatment, the lead investigative agency shall consider at least the
following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were in accordance
with, and followed the terms of, an erroneous physician order, prescription, resident care
plan, or directive. This is not a mitigating factor when the facility or caregiver is responsible
for the issuance of the erroneous order, prescription, plan, or directive or knows or should
have known of the errors and took no reasonable measures to correct the defect before
administering care;

(2) the comparative responsibility between the facility, other caregivers, and requirements
placed upon the employee, including but not limited to, the facility's compliance with related
regulatory standards and factors such as the adequacy of facility policies and procedures,
the adequacy of facility training, the adequacy of an individual's participation in the training,
the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a
consideration of the scope of the individual employee's authority; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

deleted text begin (d)deleted text endnew text begin (f)new text end When substantiated maltreatment is determined to have been committed by an
individual who is also the facility license holder, both the individual and the facility must
be determined responsible for the maltreatment, and both the background study
disqualification standards under section 245C.15, subdivision 4, and the licensing actions
under section 245A.06 or 245A.07 apply.

deleted text begin (e)deleted text endnew text begin (g)new text end The lead investigative agency shall complete its final disposition within 60
calendar days. If the lead investigative agency is unable to complete its final disposition
within 60 calendar days, the lead investigative agency shall notify the following persons
provided that the notification will not endanger the vulnerable adult or hamper the
investigation: (1) the vulnerable adult or the vulnerable adult's guardian or health care agent,
when known, if the lead investigative agency knows them to be aware of the investigation;
and (2) the facility, where applicable. The notice shall contain the reason for the delay and
the projected completion date. If the lead investigative agency is unable to complete its final
disposition by a subsequent projected completion date, the lead investigative agency shall
again notify the vulnerable adult or the vulnerable adult's guardian or health care agent,
when known if the lead investigative agency knows them to be aware of the investigation,
and the facility, where applicable, of the reason for the delay and the revised projected
completion date provided that the notification will not endanger the vulnerable adult or
hamper the investigation. The lead investigative agency must notify the health care agent
of the vulnerable adult only if the health care agent's authority to make health care decisions
for the vulnerable adult is currently effective deleted text beginunder section 145C.06deleted text end and not suspended
under section 524.5-310 deleted text beginand the investigation relates to a duty assigned to the health care
agent by the principal
deleted text end. A lead investigative agency's inability to complete the final disposition
within 60 calendar days or by any projected completion date does not invalidate the final
disposition.

deleted text begin (f)deleted text endnew text begin (h)new text end Within ten calendar days of completing the final disposition, the lead investigative
agency shall provide a copy of the public investigation memorandum under subdivision
12b, paragraph deleted text begin(b), clause (1)deleted text endnew text begin (d)new text end, when required to be completed under this section, to the
following persons:

(1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known,
unless the lead investigative agency knows that the notification would endanger the
well-being of the vulnerable adult;

(2) the reporter, deleted text beginifdeleted text end new text beginunless new text endthe reporter requested deleted text beginnotificationdeleted text end new text beginotherwise new text endwhen making the
report, provided this notification would not endanger the well-being of the vulnerable adult;

(3) the alleged perpetrator, if known;

(4) the facility; deleted text beginand
deleted text end

(5) the ombudsman for long-term care, or the ombudsman for mental health and
developmental disabilities, as appropriatenew text begin;
new text end

new text begin (6) law enforcement; and
new text end

new text begin (7) the county attorney, as appropriatenew text end.

deleted text begin (g)deleted text endnew text begin (i)new text end If, as a result of a reconsideration, review, or hearing, the lead investigative agency
changes the final disposition, or if a final disposition is changed on appeal, the lead
investigative agency shall notify the parties specified in paragraph deleted text begin(f)deleted text endnew text begin (h)new text end.

deleted text begin (h)deleted text endnew text begin (j)new text end The lead investigative agency shall notify the vulnerable adult who is the subject
of the report or the vulnerable adult's guardian or health care agent, if known, and any person
or facility determined to have maltreated a vulnerable adult, of their appeal or review rights
under this section or section deleted text begin256.021deleted text endnew text begin 256.045new text end.

deleted text begin (i)deleted text endnew text begin (k)new text end The lead investigative agency shall routinely provide investigation memoranda
for substantiated reports to the appropriate licensing boards. These reports must include the
names of substantiated perpetrators. The lead investigative agency may not provide
investigative memoranda for inconclusive or false reports to the appropriate licensing boards
unless the lead investigative agency's investigation gives reason to believe that there may
have been a violation of the applicable professional practice laws. If the investigation
memorandum is provided to a licensing board, the subject of the investigation memorandum
shall be notified and receive a summary of the investigative findings.

deleted text begin (j)deleted text endnew text begin (l)new text end In order to avoid duplication, licensing boards shall consider the findings of the
lead investigative agency in their investigations if they choose to investigate. This does not
preclude licensing boards from considering other information.

deleted text begin (k)deleted text endnew text begin (m)new text end The lead investigative agency must provide to the commissioner of human
services its final dispositions, including the names of all substantiated perpetrators. The
commissioner of human services shall establish records to retain the names of substantiated
perpetrators.

Sec. 49.

Minnesota Statutes 2016, section 626.557, subdivision 9d, is amended to read:


Subd. 9d.

Administrative reconsiderationdeleted text begin; review paneldeleted text end.

(a) Except as provided under
paragraph (e), any individual or facility which a lead investigative agency determines has
maltreated a vulnerable adult, or the vulnerable adult or an interested person acting on behalf
of the vulnerable adult, regardless of the lead investigative agency's determination, who
contests the lead investigative agency's final disposition of an allegation of maltreatment,
may request the lead investigative agency to reconsider its final disposition. The request
for reconsideration must be submitted in writing to the lead investigative agency within 15
calendar days after receipt of notice of final disposition or, if the request is made by an
interested person who is not entitled to notice, within 15 days after receipt of the notice by
the vulnerable adult or the vulnerable adult's guardian or health care agent. If mailed, the
request for reconsideration must be postmarked and sent to the lead investigative agency
within 15 calendar days of the individual's or facility's receipt of the final disposition. If the
request for reconsideration is made by personal service, it must be received by the lead
investigative agency within 15 calendar days of the individual's or facility's receipt of the
final disposition. An individual who was determined to have maltreated a vulnerable adult
under this section and who was disqualified on the basis of serious or recurring maltreatment
under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment
determination and the disqualification. The request for reconsideration of the maltreatment
determination and the disqualification must be submitted in writing within 30 calendar days
of the individual's receipt of the notice of disqualification under sections 245C.16 and
245C.17. If mailed, the request for reconsideration of the maltreatment determination and
the disqualification must be postmarked and sent to the lead investigative agency within 30
calendar days of the individual's receipt of the notice of disqualification. If the request for
reconsideration is made by personal service, it must be received by the lead investigative
agency within 30 calendar days after the individual's receipt of the notice of disqualification.

(b) Except as provided under paragraphs (e) and (f), if the lead investigative agency
denies the request or fails to act upon the request within 15 working days after receiving
the request for reconsideration, the person or facility entitled to a fair hearing under section
256.045, may submit to the commissioner of human services a written request for a hearing
under that statute. deleted text beginThe vulnerable adult, or an interested person acting on behalf of the
vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review Panel
under section 256.021 if the lead investigative agency denies the request or fails to act upon
the request, or if the vulnerable adult or interested person contests a reconsidered disposition.
deleted text end
The lead investigative agency shall notify persons who request reconsideration of their
rights under this paragraph. deleted text beginThe request must be submitted in writing to the review panel
deleted text enddeleted text begin and a copy sent to the lead investigative agency within 30 calendar days of receipt of notice
deleted text enddeleted text begin of a denial of a request for reconsideration or of a reconsidered disposition.deleted text end The request
must specifically identify the aspects of the lead investigative agency determination with
which the person is dissatisfied.

(c) If, as a result of a reconsideration or review, the lead investigative agency changes
the final disposition, it shall notify the parties specified in subdivision 9c, paragraph (f).

(d) For purposes of this subdivision, "interested person acting on behalf of the vulnerable
adult" means a person designated in writing by the vulnerable adult to act on behalf of the
vulnerable adult, or a legal guardian or conservator or other legal representative, a proxy
or health care agent appointed under chapter 145B or 145C, or an individual who is related
to the vulnerable adult, as defined in section 245A.02, subdivision 13.

(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis
of a determination of maltreatment, which was serious or recurring, and the individual has
requested reconsideration of the maltreatment determination under paragraph (a) and
reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration
of the maltreatment determination and requested reconsideration of the disqualification
shall be consolidated into a single reconsideration. If reconsideration of the maltreatment
determination is denied and the individual remains disqualified following a reconsideration
decision, the individual may request a fair hearing under section 256.045. If an individual
requests a fair hearing on the maltreatment determination and the disqualification, the scope
of the fair hearing shall include both the maltreatment determination and the disqualification.

(f) If a maltreatment determination or a disqualification based on serious or recurring
maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, the license holder has the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for
under section 245A.08, the scope of the contested case hearing must include the maltreatment
determination, disqualification, and licensing sanction or denial of a license. In such cases,
a fair hearing must not be conducted under section 256.045. Except for family child care
and child foster care, reconsideration of a maltreatment determination under this subdivision,
and reconsideration of a disqualification under section 245C.22, must not be conducted
when:

(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall
also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
626.557, subdivision 9d.

If the disqualified subject is an individual other than the license holder and upon whom
a background study must be conducted under chapter 245C, the hearings of all parties may
be consolidated into a single contested case hearing upon consent of all parties and the
administrative law judge.

(g) Until August 1, 2002, an individual or facility that was determined by the
commissioner of human services or the commissioner of health to be responsible for neglect
under section 626.5572, subdivision 17, after October 1, 1995, and before August 1, 2001,
that believes that the finding of neglect does not meet an amended definition of neglect may
request a reconsideration of the determination of neglect. The commissioner of human
services or the commissioner of health shall mail a notice to the last known address of
individuals who are eligible to seek this reconsideration. The request for reconsideration
must state how the established findings no longer meet the elements of the definition of
neglect. The commissioner shall review the request for reconsideration and make a
determination within 15 calendar days. The commissioner's decision on this reconsideration
is the final agency action.

(1) For purposes of compliance with the data destruction schedule under subdivision
12b, paragraph (d), when a finding of substantiated maltreatment has been changed as a
result of a reconsideration under this paragraph, the date of the original finding of a
substantiated maltreatment must be used to calculate the destruction date.

(2) For purposes of any background studies under chapter 245C, when a determination
of substantiated maltreatment has been changed as a result of a reconsideration under this
paragraph, any prior disqualification of the individual under chapter 245C that was based
on this determination of maltreatment shall be rescinded, and for future background studies
under chapter 245C the commissioner must not use the previous determination of
substantiated maltreatment as a basis for disqualification or as a basis for referring the
individual's maltreatment history to a health-related licensing board under section 245C.31.

Sec. 50.

Minnesota Statutes 2016, section 626.557, subdivision 10b, is amended to read:


Subd. 10b.

Investigations; guidelines.

new text begin(a) new text endEach lead investigative agency shall develop
guidelines for prioritizing reports for investigation. When investigating a report, the lead
investigative agency shall conduct the following activities, as appropriate:

(1) interview of the alleged victim;

(2) interview of the reporter and others who may have relevant information;

(3) interview of the alleged perpetrator;

(4) examination of the environment surrounding the alleged incident;

(5) review of pertinent documentation of the alleged incident; and

(6) consultation with professionals.

new text begin (b) The lead investigator must contact the alleged victim or, if known, the alleged victim's
guardian or health care agent, within five days after initiation of an investigation to provide
the investigator's name and contact information and communicate with the alleged victim
or the alleged victim's guardian or health care agent approximately every three weeks during
the course of the investigation.
new text end

Sec. 51.

Minnesota Statutes 2016, section 626.557, subdivision 12b, is amended to read:


Subd. 12b.

Data management.

(a) In performing any of the duties of this section as a
lead investigative agency, the county social service agency shall maintain appropriate
records. Data collected by the county social service agency under this section are welfare
data under section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data
under this paragraph that are inactive investigative data on an individual who is a vendor
of services are private data on individuals, as defined in section 13.02. The identity of the
reporter may only be disclosed as provided in paragraph deleted text begin(c)deleted text endnew text begin (g)new text end.

new text begin (b) new text endData maintained by the common entry point are deleted text beginconfidentialdeleted text endnew text begin privatenew text end data on
individuals or deleted text beginprotecteddeleted text end nonpublic data as defined in section 13.02new text begin, provided that the name
of the reporter is confidential data on individuals
new text end. Notwithstanding section 138.163, the
common entry point shall maintain data for three calendar years after date of receipt and
then destroy the data unless otherwise directed by federal requirements.

deleted text begin (b)deleted text endnew text begin (c)new text end The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this section. County
social service agencies must maintain private data on individuals but are not required to
prepare an investigation memorandum. During an investigation by the commissioner of
health or the commissioner of human services, data collected under this section are
confidential data on individuals or protected nonpublic data as defined in section 13.02new text begin,
provided that data may be shared with the vulnerable adult or guardian or health care agent
if both commissioners determine that sharing of the data is needed to protect the vulnerable
adult
new text end. Upon completion of the investigation, the data are classified as provided in deleted text beginclauses
(1) to (3) and paragraph (c)
deleted text endnew text begin paragraphs (d) to (g)new text end.

deleted text begin (1)deleted text end new text begin(d) new text endThe investigation memorandum must contain the following data, which are public:

deleted text begin (i)deleted text endnew text begin (1)new text end the name of the facility investigated;

deleted text begin (ii)deleted text endnew text begin (2)new text end a statement of the nature of the alleged maltreatment;

deleted text begin (iii)deleted text endnew text begin (3)new text end pertinent information obtained from medical or other records reviewed;

deleted text begin (iv)deleted text endnew text begin (4)new text end the identity of the investigator;

deleted text begin (v)deleted text endnew text begin (5)new text end a summary of the investigation's findings;

deleted text begin (vi)deleted text endnew text begin (6)new text end statement of whether the report was found to be substantiated, inconclusive,
false, or that no determination will be made;

deleted text begin (vii)deleted text endnew text begin (7)new text end a statement of any action taken by the facility;

deleted text begin (viii)deleted text endnew text begin (8)new text end a statement of any action taken by the lead investigative agency; and

deleted text begin (ix)deleted text endnew text begin (9)new text end when a lead investigative agency's determination has substantiated maltreatment,
a statement of whether an individual, individuals, or a facility were responsible for the
substantiated maltreatment, if known.

The investigation memorandum must be written in a manner which protects the identity
of the reporter and of the vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data new text beginon individuals new text endlisted in deleted text beginclause (2)deleted text endnew text begin paragraph
(e)
new text end.

deleted text begin (2)deleted text endnew text begin (e)new text end Data on individuals collected and maintained in the investigation memorandum
are private datanew text begin on individualsnew text end, including:

deleted text begin (i)deleted text endnew text begin (1)new text end the name of the vulnerable adult;

deleted text begin (ii)deleted text endnew text begin (2)new text end the identity of the individual alleged to be the perpetrator;

deleted text begin (iii)deleted text end new text begin(3) new text endthe identity of the individual substantiated as the perpetrator; and

deleted text begin (iv)deleted text endnew text begin (4)new text end the identity of all individuals interviewed as part of the investigation.

deleted text begin (3)deleted text endnew text begin (f)new text end Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.

deleted text begin (c)deleted text end new text begin(g) new text endAfter the assessment or investigation is completed, the name of the reporter must
be confidentialdeleted text begin.deleted text endnew text begin, except:
new text end

new text begin (1) new text endthe subject of the report may compel disclosure of the name of the reporter only with
the consent of the reporternew text begin;new text end or

new text begin (2) new text endupon a written finding by a court that the report was false and there is evidence that
the report was made in bad faith.

This subdivision does not alter disclosure responsibilities or obligations under the Rules
of Criminal Procedure, except that where the identity of the reporter is relevant to a criminal
prosecution, the district court shall do an in-camera review prior to determining whether to
order disclosure of the identity of the reporter.

deleted text begin (d)deleted text endnew text begin (h)new text end Notwithstanding section 138.163, data maintained under this section by the
commissioners of health and human services must be maintained under the following
schedule and then destroyed unless otherwise directed by federal requirements:

(1) data from reports determined to be false, maintained for three years after the finding
was made;

(2) data from reports determined to be inconclusive, maintained for four years after the
finding was made;

(3) data from reports determined to be substantiated, maintained for seven years after
the finding was made; and

(4) data from reports which were not investigated by a lead investigative agency and for
which there is no final disposition, maintained for three years from the date of the report.

deleted text begin (e)deleted text endnew text begin (i)new text end The commissioners of health and human services shall annually publish on their
Web sites the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigation under this section,
and the resolution of those investigations. On a biennial basis, the commissioners of health
and human services shall jointly report the following information to the legislature and the
governor:

(1) the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigations under this section,
the resolution of those investigations, and which of the two lead agencies was responsible;

(2) trends about types of substantiated maltreatment found in the reporting period;

(3) deleted text beginif there are upward trends for types of maltreatment substantiated,deleted text end recommendations
fornew text begin preventing,new text end addressingnew text begin,new text end and responding to deleted text beginthemdeleted text endnew text begin substantiated maltreatmentnew text end;

(4) efforts undertaken or recommended to improve the protection of vulnerable adults;

(5) whether and where backlogs of cases result in a failure to conform with statutory
time frames and recommendations for reducing backlogs if applicable;

(6) recommended changes to statutes affecting the protection of vulnerable adults; and

(7) any other information that is relevant to the report trends and findings.

deleted text begin (f)deleted text endnew text begin (j)new text end Each lead investigative agency must have a record retention policy.

deleted text begin (g)deleted text endnew text begin (k)new text end Lead investigative agencies, prosecuting authorities, and law enforcement agencies
may exchange not public data, as defined in section 13.02, if the agency or authority
requesting the data determines that the data are pertinent and necessary to the requesting
agency in initiating, furthering, or completing an investigation under this section. Data
collected under this section must be made available to prosecuting authorities and law
enforcement officials, local county agencies, and licensing agencies investigating the alleged
maltreatment under this section. deleted text beginThe lead investigative agency shall exchange not public
data with the vulnerable adult maltreatment review panel established in section 256.021 if
the data are pertinent and necessary for a review requested under that section.
deleted text end
Notwithstanding section 138.17, upon completion of the review, not public data received
by the review panel must be destroyed.

deleted text begin (h)deleted text endnew text begin (l)new text end Each lead investigative agency shall keep records of the length of time it takes to
complete its investigations.

deleted text begin (i)deleted text endnew text begin (m) Notwithstanding paragraph (a) or (b),new text end a lead investigative agency may new text beginshare
common entry point or investigative data and may
new text endnotify other affected partiesnew text begin, including
the vulnerable adult
new text end and their authorized representativenew text begin,new text end if the lead investigative agency has
reason to believe maltreatment has occurred and determines the information will safeguard
the well-being of the affected parties or dispel widespread rumor or unrest in the affected
facility.

deleted text begin (j)deleted text endnew text begin (n)new text end Under any notification provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a lead investigative agency may
not provide any notice unless the vulnerable adult has consented to disclosure in a manner
which conforms to federal requirements.

Sec. 52.

Minnesota Statutes 2016, section 626.557, subdivision 14, is amended to read:


Subd. 14.

Abuse prevention plans.

(a) Each facility, except home health agencies and
personal care deleted text beginattendant services providersdeleted text endnew text begin assistance provider agenciesnew text end, shall establish and
enforce an ongoing written abuse prevention plan. The plan shall contain an assessment of
the physical plant, its environment, and its population identifying factors which may
encourage or permit abuse, and a statement of specific measures to be taken to minimize
the risk of abuse. The plan shall comply with any rules governing the plan promulgated by
the licensing agency.

(b) Each facility, including a home health care agency and personal care attendant
services providers, shall develop an individual abuse prevention plan for each vulnerable
adult residing there or receiving services from them. The plan shall contain an individualized
assessment of: (1) the person's susceptibility to abuse by other individuals, including other
vulnerable adults; (2) the person's risk of abusing other vulnerable adults; and (3) statements
of the specific measures to be taken to minimize the risk of abuse to that person and other
vulnerable adults. For the purposes of this paragraph, the term "abuse" includes self-abuse.

(c) If the facility, except home health agencies and personal care attendant services
providers, knows that the vulnerable adult has committed a violent crime or an act of physical
aggression toward others, the individual abuse prevention plan must detail the measures to
be taken to minimize the risk that the vulnerable adult might reasonably be expected to pose
to visitors to the facility and persons outside the facility, if unsupervised. Under this section,
a facility knows of a vulnerable adult's history of criminal misconduct or physical aggression
if it receives such information from a law enforcement authority or through a medical record
prepared by another facility, another health care provider, or the facility's ongoing
assessments of the vulnerable adult.

new text begin (d) The commissioner of health must issue a correction order and may impose an
immediate fine upon a finding that the facility has failed to comply with this subdivision.
new text end

Sec. 53.

Minnesota Statutes 2016, section 626.557, subdivision 17, is amended to read:


Subd. 17.

Retaliation prohibited.

(a) A facility or person shall not retaliate against any
person who reports in good faith suspected maltreatment pursuant to this section, or against
a vulnerable adult with respect to whom a report is made, because of the report.

(b) In addition to any remedies allowed under sections 181.931 to 181.935, any facility
or person which retaliates against any person because of a report of suspected maltreatment
is liable to that person for actual damages, punitive damages up to $10,000, and attorney
fees.

(c) There shall be a rebuttable presumption that any adverse action, as defined below,
within 90 days of a report, is retaliatory. For purposes of this clause, the term "adverse
action" refers to action taken by a facility or person involved in a report against the person
making the report or the person with respect to whom the report was made because of the
report, and includes, but is not limited to:

(1) discharge or transfer from the facility;

(2) discharge from or termination of employment;

(3) demotion or reduction in remuneration for services;

(4) restriction or prohibition of access to the facility or its residents; or

(5) any restriction of rights set forth in section 144.651new text begin, 144A.44, or 144A.441new text end.

Sec. 54.

Minnesota Statutes 2016, section 626.5572, subdivision 6, is amended to read:


Subd. 6.

Facility.

(a) "Facility" meansnew text begin:
new text end

new text begin (1) new text enda hospital or other entity required to be licensed under sections 144.50 to 144.58;

new text begin (2) new text enda nursing home required to be licensed to serve adults under section 144A.02;

new text begin (3) new text enda facility or service required to be licensed under chapter 245A;

new text begin (4) new text enda home care provider licensed or required to be licensed under sections 144A.43 to
144A.482;

new text begin (5) new text enda hospice provider licensed under sections 144A.75 to 144A.755;

new text begin (6) a housing with services establishment registered under chapter 144D, including an
entity operating under chapter 144G, assisted living title protection;
new text endor

new text begin (7) new text enda person or organization that offers, provides, or arranges for personal care assistance
services under the medical assistance program as authorized under sections 256B.0625,
subdivision 19a
, 256B.0651 to 256B.0654, 256B.0659, or 256B.85.

(b) For new text beginpersonal care assistance new text endservices identified in paragraph (a)new text begin, clause (7),new text end that are
provided in the vulnerable adult's own home or in another unlicensed locationnew text begin other than
an unlicensed setting listed in paragraph (a)
new text end, the term "facility" refers to the provider, person,
or organization that offers, provides, or arranges for personal care new text beginassistance new text endservices, and
does not refer to the vulnerable adult's home or other location at which services are rendered.

Sec. 55. new text beginREPORT; SAFETY AND QUALITY IMPROVEMENT PRACTICES.
new text end

new text begin By January 15, 2019, the safety and quality improvement technical panel established
under Minnesota Statutes, section 144A.53, subdivision 5, shall provide recommendations
to the legislature on legislative changes needed to promote safety and quality improvement
practices in long-term care settings and with long-term care providers. The recommendations
must address:
new text end

new text begin (1) how to implement a system for adverse health events reporting, learning, and
prevention in long-term care settings and with long-term care providers; and
new text end

new text begin (2) interim actions to improve systems for the timely analysis of reports and complaints
submitted to the Office of Health Facility Complaints to identify common themes and key
prevention opportunities, and to disseminate key findings to providers across the state for
the purposes of shared learning and prevention.
new text end

Sec. 56. new text beginREPORTS; OFFICE OF HEALTH FACILITY COMPLAINTS' RESPONSE
TO VULNERABLE ADULT MALTREATMENT ALLEGATIONS.
new text end

new text begin (a) On a quarterly basis until January 2021, and annually thereafter, the commissioner
of health must publish on the Department of Health Web site, a report on the Office of
Health Facility Complaints' response to allegations of maltreatment of vulnerable adults.
The report must include:
new text end

new text begin (1) a description and assessment of the office's efforts to improve its internal processes
and compliance with federal and state requirements concerning allegations of maltreatment
of vulnerable adults, including any relevant timelines;
new text end

new text begin (2)(i) the number of reports received by type of reporter; (ii) the number of reports
investigated; (iii) the percentage and number of reported cases awaiting triage; (iv) the
number and percentage of open investigations; (v) the number and percentage of reports
that have failed to meet state or federal timelines for triaging, investigating, or making a
final disposition of an investigation by cause of delay; and (vi) processes the office will
implement to bring the office into compliance with state and federal timelines for triaging,
investigating, and making final dispositions of investigations;
new text end

new text begin (3) a trend analysis of internal audits conducted by the office; and
new text end

new text begin (4) trends and patterns in maltreatment of vulnerable adults, licensing violations by
facilities or providers serving vulnerable adults, and other metrics as determined by the
commissioner.
new text end

new text begin (b) The commissioner shall maintain on the Department of Health Web site reports
published under this section for at least the past three years.
new text end

Sec. 57. new text beginASSISTED LIVING AND DEMENTIA CARE LICENSING WORKING
GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) An assisted living and dementia care
licensing working group is established.
new text end

new text begin (b) The commissioner of health shall appoint the following members of the working
group:
new text end

new text begin (1) four providers from the senior housing with services profession, two providing
services in the seven-county metropolitan area and two providing services outside the
seven-county metropolitan area. The providers appointed must include providers from
establishments of different sizes;
new text end

new text begin (2) two persons who reside in senior housing with services establishments, or family
members of persons who reside in senior housing with services establishments. One resident
or family member must reside in the seven-county metropolitan area and one resident or
family member must reside outside the seven-county metropolitan area;
new text end

new text begin (3) one representative from the Home Care and Assisted Living Program Advisory
Council;
new text end

new text begin (4) one representative of a health plan company;
new text end

new text begin (5) one representative from Care Providers of Minnesota;
new text end

new text begin (6) one representative from LeadingAge Minnesota;
new text end

new text begin (7) one representative from the Alzheimer's Association;
new text end

new text begin (8) one representative from the Metropolitan Area Agency on Aging and one
representative from an area agency on aging other than the Metropolitan Area Agency on
Aging;
new text end

new text begin (9) one representative from the Minnesota Rural Health Association;
new text end

new text begin (10) one federal compliance official; and
new text end

new text begin (11) one representative from the Minnesota Home Care Association.
new text end

new text begin (c) The following individuals shall also be members of the working group:
new text end

new text begin (1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end

new text begin (3) one member of the Minnesota Council on Disability or a designee, appointed by the
council;
new text end

new text begin (4) one member of the Commission of Deaf, Deafblind and Hard of Hearing Minnesotans
or a designee, appointed by the commission;
new text end

new text begin (5) the commissioner of health or a designee;
new text end

new text begin (6) the commissioner of human services or a designee;
new text end

new text begin (7) the ombudsman for long-term care or a designee; and
new text end

new text begin (8) one member of the Minnesota Board of Aging, appointed by the board.
new text end

new text begin (d) The appointing authorities under this subdivision must complete the appointments
no later than July 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Duties; recommendations. new text end

new text begin (a) The assisted living and dementia care licensing
working group shall consider and make recommendations on a new regulatory framework
for assisted living and dementia care. In developing the licensing framework, the working
group must address at least the following:
new text end

new text begin (1) the appropriate level of regulation, including licensure, registration, or certification;
new text end

new text begin (2) coordination of care;
new text end

new text begin (3) the scope of care to be provided and limits on acuity levels of residents;
new text end

new text begin (4) consumer rights;
new text end

new text begin (5) building design and physical environment;
new text end

new text begin (6) dietary services;
new text end

new text begin (7) support services;
new text end

new text begin (8) transition planning;
new text end

new text begin (9) the installation and use of electronic monitoring in settings in which assisted living
or dementia care services are provided;
new text end

new text begin (10) staff training and qualifications;
new text end

new text begin (11) options for the engagement of seniors and their families;
new text end

new text begin (12) notices and financial requirements; and
new text end

new text begin (13) compliance with federal Medicaid waiver requirements for home and
community-based services settings.
new text end

new text begin (b) Facilities and providers licensed by the commissioner of human services shall be
exempt from licensing requirements for assisted living recommended under this section.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of health or a designee shall convene the first
meeting of the working group no later than August 1, 2018. The members of the working
group shall elect a chair from among the group's members at the first meeting, and the
commissioner of health or a designee shall serve as the working group's chair until a chair
is elected. Meetings of the working group shall be open to the public.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the working group appointed under subdivision
1, paragraph (b), shall serve without compensation or reimbursement for expenses.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of health shall provide
administrative support for the working group and arrange meeting space.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By January 15, 2019, the working group must submit a report with
findings, recommendations, and draft legislation to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services policy and
finance.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The working group expires January 16, 2019, or the day after the
working group submits the report required under subdivision 6, whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 58. new text beginDEMENTIA CARE CERTIFICATION WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) A dementia care certification working
group is established.
new text end

new text begin (b) The commissioner of health shall appoint the following members of the working
group:
new text end

new text begin (1) two caregivers of persons who have been diagnosed with Alzheimer's disease or
other dementia, one caregiver residing in the seven-county metropolitan area and one
caregiver residing outside the seven-county metropolitan area;
new text end

new text begin (2) two providers from the senior housing with services profession, one providing services
in the seven-county metropolitan area and one providing services outside the seven-county
metropolitan area;
new text end

new text begin (3) two geriatricians, one of whom serves a diverse or underserved community;
new text end

new text begin (4) one psychologist who specializes in dementia care;
new text end

new text begin (5) one representative of the Alzheimer's Association;
new text end

new text begin (6) one representative from Care Providers of Minnesota;
new text end

new text begin (7) one representative from LeadingAge Minnesota; and
new text end

new text begin (8) one representative from the Minnesota Home Care Association.
new text end

new text begin (c) The following individuals shall also be members of the working group:
new text end

new text begin (1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end

new text begin (3) the commissioner of health or a designee;
new text end

new text begin (4) the commissioner of human services or a designee;
new text end

new text begin (5) the ombudsman for long-term care or a designee;
new text end

new text begin (6) one member of the Minnesota Board on Aging, appointed by the board; and
new text end

new text begin (7) the executive director of the Minnesota Board on Aging, who shall serve as a
nonvoting member of the working group.
new text end

new text begin (d) The appointing authorities under this subdivision must complete their appointments
no later than July 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Duties; recommendations. new text end

new text begin The dementia care certification working group
shall consider and make recommendations regarding the certification of providers offering
dementia care services to clients diagnosed with Alzheimer's disease or other dementias.
The working group must:
new text end

new text begin (1) develop standards in the following areas that nursing homes, boarding care homes,
and housing with services establishments offering care for clients diagnosed with Alzheimer's
disease or other dementias must meet in order to obtain dementia care certification, including
staffing, egress control, access to secured outdoor spaces, specialized therapeutic activities,
and specialized life enrichment programming;
new text end

new text begin (2) develop requirements for disclosing dementia care certification standards to
consumers; and
new text end

new text begin (3) develop mechanisms for enforcing dementia care certification standards.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of health or a designee shall convene the first
meeting of the working group no later than August 1, 2018. The members of the working
group shall elect a chair from among the group's members at the first meeting, and the
commissioner of health or a designee shall serve as the working group's chair until a chair
is elected. Meetings of the working group shall be open to the public.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the working group appointed under subdivision
1, paragraph (b), shall serve without compensation or reimbursement for expenses.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of health shall provide
administrative support for the working group and arrange meeting space.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By January 15, 2019, the working group must submit a report with
findings, recommendations, and draft legislation to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services policy and
finance.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The working group expires January 16, 2019, or the day after the
working group submits the report required under subdivision 6, whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 59. new text beginASSISTED LIVING REPORT CARD WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) An assisted living report card working
group, tasked with researching and making recommendations on the development of an
assisted living report card, is established.
new text end

new text begin (b) The commissioner of human services shall appoint the following members of the
working group:
new text end

new text begin (1) two persons who reside in senior housing with services establishments, one residing
in an establishment in the seven-county metropolitan area and one residing in an
establishment outside the seven-county metropolitan area;
new text end

new text begin (2) four representatives of the senior housing with services profession, two providing
services in the seven-county metropolitan area and two providing services outside the
seven-county metropolitan area;
new text end

new text begin (3) one family member of a person who resides in a senior housing with services
establishment in the seven-county metropolitan area, and one family member of a person
who resides in a senior housing with services establishment outside the seven-county
metropolitan area;
new text end

new text begin (4) a representative from the Home Care and Assisted Living Program Advisory Council;
new text end

new text begin (5) a representative from the University of Minnesota with expertise in data and analytics;
new text end

new text begin (6) a representative from Care Providers of Minnesota; and
new text end

new text begin (7) a representative from LeadingAge Minnesota.
new text end

new text begin (c) The following individuals shall also be appointed to the working group:
new text end

new text begin (1) the commissioner of human services or a designee;
new text end

new text begin (2) the commissioner of health or a designee;
new text end

new text begin (3) the ombudsman for long-term care or a designee;
new text end

new text begin (4) one member of the Minnesota Board on Aging, appointed by the board; and
new text end

new text begin (5) the executive director of the Minnesota Board on Aging who shall serve on the
working group as a nonvoting member.
new text end

new text begin (d) The appointing authorities under this subdivision must complete the appointments
no later than July 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The assisted living report card working group shall consider and make
recommendations on the development of an assisted living report card. The quality metrics
considered shall include, but are not limited to:
new text end

new text begin (1) an annual customer satisfaction survey measure using the CoreQ questions for
assisted-living residents and family members;
new text end

new text begin (2) a measure utilizing level 3 or 4 citations from Department of Health home care survey
findings and substantiated Office of Health Facility Complaints findings against a home
care provider;
new text end

new text begin (3) a home care staff retention measure; and
new text end

new text begin (4) a measure that scores a provider's staff according to their level of training and
education.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of human services or a designee shall convene
the first meeting of the working group no later than August 1, 2018. The members of the
working group shall elect a chair from among the group's members at the first meeting, and
the commissioner of human services or a designee shall serve as the working group's chair
until a chair is elected. Meetings of the working group shall be open to the public.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the working group shall serve without compensation
or reimbursement for expenses.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of human services shall provide
administrative support and arrange meeting space for the working group.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By January 15, 2019, the working group must submit a report with
findings, recommendations, and draft legislation to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services policy and
finance.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The working group expires January 16, 2019, or the day after the
working group submits the report required in subdivision 6, whichever is later.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 60. new text beginDIRECTION TO COMMISSIONER OF HEALTH; PROGRESS IN
IMPLEMENTING RECOMMENDATIONS OF LEGISLATIVE AUDITOR.
new text end

new text begin By March 1, 2019, the commissioner of health must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over health, human
services, or aging on the progress toward implementing each recommendation of the Office
of the Legislative Auditor with which the commissioner agreed in the commissioner's letter
to the legislative auditor dated March 1, 2018. The commissioner shall include in the report
existing data collected in the course of the commissioner's continuing oversight of the Office
of Health Facility Complaints sufficient to demonstrate the implementation of the
recommendations with which the commissioner agreed.
new text end

Sec. 61. new text beginDIRECTION TO COMMISSIONER OF HEALTH; PROVIDER
EDUCATION.
new text end

new text begin (a) The commissioner of health shall develop decision-making tools, including decision
trees, regarding provider self-reported maltreatment allegations, and shall share these tools
with providers. As soon as practicable, the commissioner shall update the decision-making
tools as necessary, including whenever federal or state requirements change, and shall inform
providers when the updated tools are available. The commissioner shall develop
decision-making tools that clarify and encourage reporting whether the provider is licensed
or registered under federal or state law, while also educating providers on any distinctions
in reporting under federal versus state law.
new text end

new text begin (b) The commissioner of health shall conduct rigorous trend analyses of maltreatment
reports, triage decisions, investigation determinations, enforcement actions, and appeals to
identify trends and patterns in reporting of maltreatment, substantiated maltreatment, and
licensing violations and shall share these findings with providers and interested stakeholders.
new text end

Sec. 62. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 256.021, new text end new text begin is repealed.
new text end


ARTICLE 7

CHILDREN AND FAMILIES

Section 1.

Minnesota Statutes 2016, section 119B.011, is amended by adding a subdivision
to read:


new text begin Subd. 13b. new text end

new text begin Homeless. new text end

new text begin "Homeless" means a self-declared housing status as defined in
the McKinney-Vento Homeless Assistance Act and United States Code, title 42, section
11302, paragraph (a).
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 119B.011, subdivision 20, is amended
to read:


Subd. 20.

Transition year families.

"Transition year families" means families who have
received MFIP assistance, or who were eligible to receive MFIP assistance after choosing
to discontinue receipt of the cash portion of MFIP assistance under section 256J.31,
subdivision 12
, or families who have received DWP assistance under section 256J.95 for
at least deleted text beginthreedeleted text endnew text begin onenew text end of the last six months before losing eligibility for MFIP or DWP.
Notwithstanding Minnesota Rules, parts 3400.0040, subpart 10, and 3400.0090, subpart 2,
transition year child care may be used to support employment, approved education or training
programs, or job search that meets the requirements of section 119B.10. Transition year
child care is not available to families who have been disqualified from MFIP or DWP due
to fraud.

Sec. 3.

Minnesota Statutes 2016, section 119B.02, subdivision 7, is amended to read:


Subd. 7.

Child care market rate survey.

deleted text beginBiennially,deleted text end The commissioner shall survey
prices charged by child care providers in Minnesotanew text begin every three yearsnew text end to determine the 75th
percentile for like-care arrangements in county price clusters.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from the market rate survey
conducted in calendar year 2016 and applies to any market rate survey conducted after the
2016 market rate survey.
new text end

Sec. 4.

Minnesota Statutes 2017 Supplement, section 119B.025, subdivision 1, is amended
to read:


Subdivision 1.

Applications.

(a) new text beginExcept as provided in paragraph (c), clause (4), new text endthe
county shall verify the following at all initial child care applications using the universal
application:

(1) identity of adults;

(2) presence of the minor child in the home, if questionable;

(3) relationship of minor child to the parent, stepparent, legal guardian, eligible relative
caretaker, or the spouses of any of the foregoing;

(4) age;

(5) immigration status, if related to eligibility;

(6) Social Security number, if given;

(7) counted income;

(8) spousal support and child support payments made to persons outside the household;

(9) residence; and

(10) inconsistent information, if related to eligibility.

(b) The county must mail a notice of approval or denial of assistance to the applicant
within 30 calendar days after receiving the application. The county may extend the response
time by 15 calendar days if the applicant is informed of the extension.

new text begin (c) For an applicant who declares that the applicant is homeless and who meets the
definition of homeless in section 119B.011, subdivision 13b, the county must:
new text end

new text begin (1) if information is needed to determine eligibility, send a request for information to
the applicant within five working days after receiving the application;
new text end

new text begin (2) if the applicant is eligible, send a notice of approval of assistance within five working
days after receiving the application;
new text end

new text begin (3) if the applicant is ineligible, send a notice of denial of assistance within 30 days after
receiving the application. The county may extend the response time by 15 calendar days if
the applicant is informed of the extension;
new text end

new text begin (4) not require verifications required by paragraph (a) before issuing the notice of approval
or denial; and
new text end

new text begin (5) follow limits set by the commissioner for how frequently expedited application
processing may be used for an applicant who declares that the applicant is homeless.
new text end

new text begin (d) An applicant who declares that the applicant is homeless must submit proof of
eligibility within three months of the date the application was received. If proof of eligibility
is not submitted within three months, eligibility ends. A 15-day adverse action notice is
required to end eligibility.
new text end

Sec. 5.

Minnesota Statutes 2016, section 119B.03, subdivision 9, is amended to read:


Subd. 9.

Portability pool.

(a) The commissioner shall establish a pool of up to five
percent of the annual appropriation for the basic sliding fee program to provide continuous
child care assistance for eligible families who move between Minnesota counties. At the
end of each allocation period, any unspent funds in the portability pool must be used for
assistance under the basic sliding fee program. If expenditures from the portability pool
exceed the amount of money available, the reallocation pool must be reduced to cover these
shortages.

(b) deleted text beginTo be eligible for portable basic sliding fee assistance,deleted text end A family that has moved from
a county in which it was receiving basic sliding fee assistance to a county with a waiting
list for the basic sliding fee program must:

(1) meet the income and eligibility guidelines for the basic sliding fee program; and

(2) notify deleted text beginthe new county of residence within 60 days of moving and submit information
to the new county of residence to verify eligibility for the basic sliding fee program
deleted text endnew text begin the
family's previous county of residence of the family's move to a new county of residence
new text end.

(c) The receiving county must:

(1) accept administrative responsibility for applicants for portable basic sliding fee
assistance at the end of the two months of assistance under the Unitary Residency Act;

(2) continue new text beginportability pool new text endbasic sliding fee assistance deleted text beginfor the lesser of six months ordeleted text end
until the family is able to receive assistance under the county's regular basic sliding program;
and

(3) notify the commissioner through the quarterly reporting process of any family that
meets the criteria of the portable basic sliding fee assistance pool.

Sec. 6.

Minnesota Statutes 2017 Supplement, section 119B.095, is amended by adding a
subdivision to read:


new text begin Subd. 3. new text end

new text begin Assistance for persons who are experiencing homelessness. new text end

new text begin An applicant
who is homeless and eligible for child care assistance under this chapter is eligible for 60
hours of child care assistance per service period for three months from the date the county
receives the application. Additional hours may be authorized as needed based on the
applicant's participation in employment, education, or MFIP or DWP employment plan. To
continue receiving child care assistance after the initial three months, the parent must verify
that the parent meets eligibility and activity requirements for child care assistance under
this chapter.
new text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 119B.13, subdivision 1, is amended
to read:


Subdivision 1.

Subsidy restrictions.

(a) Beginning deleted text beginFebruary 3, 2014deleted text endnew text begin July 1, 2019new text end, the
maximum rate paid for child care assistance in any county or county price cluster under the
child care fund shall be the greater of the 25th percentile of the deleted text begin2011deleted text endnew text begin 2016new text end child care provider
rate survey new text beginunder section 119B.02, subdivision 7, new text endor the deleted text beginmaximum rate effective November
28, 2011.
deleted text endnew text begin rates in effect at the time of the update.new text end For a child care provider located within
the boundaries of a city located in two or more of the counties of Benton, Sherburne, and
Stearns, the maximum rate paid for child care assistance shall be equal to the maximum
rate paid in the county with the highest maximum reimbursement rates or the provider's
charge, whichever is less. The commissioner may: (1) assign a county with no reported
provider prices to a similar price cluster; and (2) consider county level access when
determining final price clusters.

(b) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.

(c) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.

(d) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.

(e) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:

(1) the daily rate for one day of care;

(2) the weekly rate for one week of care by the child's primary provider; and

(3) two daily rates during two weeks of care by a child's secondary provider.

(f) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.

(g) If the provider charge is greater than the maximum provider rate allowed, the parent
is responsible for payment of the difference in the rates in addition to any family co-payment
fee.

(h) All maximum provider rates changes shall be implemented on the Monday following
the effective date of the maximum provider rate.

(i) Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum registration
fees in effect on January 1, 2013, shall remain in effect.

new text begin (j) For calendar year 2019, notwithstanding section 119B.03, subdivisions 6, 6a, and
6b, the commissioner must allocate the additional basic sliding fee child care funds for
calendar year 2019 due to the updated provider rate survey under paragraph (a) to counties
based on relative need to cover the maximum rate increases. In distributing the additional
funds, the commissioner shall consider the following factors by county:
new text end

new text begin (1) expenditures;
new text end

new text begin (2) provider type;
new text end

new text begin (3) age of children; and
new text end

new text begin (4) amount of the increase in maximum rates.
new text end

Sec. 8.

Minnesota Statutes 2017 Supplement, section 245A.06, subdivision 8, is amended
to read:


Subd. 8.

Requirement to post deleted text begincorrection orderdeleted text endnew text begin conditional licensenew text end.

deleted text begin(a)deleted text end For licensed
family child care providers and child care centers, upon receipt of any deleted text begincorrection order ordeleted text end
order of conditional license issued by the commissioner under this section, and
notwithstanding a pending request for reconsideration of the deleted text begincorrection order ordeleted text end order of
conditional license by the license holder, the license holder shall post the deleted text begincorrection order
or
deleted text end order of conditional license in a place that is conspicuous to the people receiving services
and all visitors to the facility for two years. When the deleted text begincorrection order ordeleted text end order of conditional
license is accompanied by a maltreatment investigation memorandum prepared under section
626.556 or 626.557, the investigation memoranda must be posted with the deleted text begincorrection order
or
deleted text end order of conditional license.

deleted text begin (b) If the commissioner reverses or rescinds a violation in a correction order upon
reconsideration under subdivision 2, the commissioner shall issue an amended correction
order and the license holder shall post the amended order according to paragraph (a).
deleted text end

deleted text begin (c) If the correction order is rescinded or reversed in full upon reconsideration under
subdivision 2, the license holder shall remove the original correction order posted according
to paragraph (a).
deleted text end

Sec. 9.

Minnesota Statutes 2017 Supplement, section 245A.41, subdivision 3, is amended
to read:


Subd. 3.

Emergency preparedness.

(a) No later than September 30, 2017, a licensed
child care center must have a written emergency plan for emergencies that require evacuation,
sheltering, or other protection of a child, such as fire, natural disaster, deleted text beginintruder,deleted text end or other
threatening situation that may pose a health or safety hazard to a child. The plan must be
written on a form developed by the commissioner and must include:

(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;

(2) a designated relocation site and evacuation route;

(3) procedures for notifying a child's parent or legal guardian of the evacuation, relocation,
shelter-in-place, or lockdown, including procedures for reunification with families;

(4) accommodations for a child with a disability or a chronic medical condition;

(5) procedures for storing a child's medically necessary medicine that facilitates easy
removal during an evacuation or relocation;

(6) procedures for continuing operations in the period during and after a crisis; and

(7) procedures for communicating with local emergency management officials, law
enforcement officials, or other appropriate state or local authorities.

(b) The license holder must train staff persons on the emergency plan at orientation,
when changes are made to the plan, and at least once each calendar year. Training must be
documented in each staff person's personnel file.

(c) The license holder must conduct drills according to the requirements in Minnesota
Rules, part 9503.0110, subpart 3. The date and time of the drills must be documented.

(d) The license holder must review and update the emergency plan annually.
Documentation of the annual emergency plan review shall be maintained in the program's
administrative records.

(e) The license holder must include the emergency plan in the program's policies and
procedures as specified under section 245A.04, subdivision 14. The license holder must
provide a physical or electronic copy of the emergency plan to the child's parent or legal
guardian upon enrollment.

(f) The relocation site and evacuation route must be posted in a visible place as part of
the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140,
subpart 21.

new text begin (g) A licensed child care center must have an additional written emergency plan for an
intruder emergency that requires evacuation, sheltering, or other protection of a child. The
plan must include the information required under paragraph (a), and the license holder must
comply with the requirements of paragraphs (b), (c), and (d). The license holder must provide
a physical or electronic notification to the child's parent or legal guardian upon enrollment
that a written intruder emergency preparedness plan is in place, but must not include the
written plan in the program's policies and procedures or post the written plan, relocation
site, or evacuation route in a visible place. The license holder may have the intruder
emergency preparedness plan available for review by law enforcement and the licensing
agency, but the licensing agency must not retain a copy or record of the plan.
new text end

Sec. 10.

Minnesota Statutes 2017 Supplement, section 245A.50, subdivision 7, is amended
to read:


Subd. 7.

Training requirements for family and group family child care.

new text begin(a) new text endFor
purposes of family and group family child care, the license holder and each primary caregiver
must complete 16 hours of ongoing training each year. For purposes of this subdivision, a
primary caregiver is an adult caregiver who provides services in the licensed setting for
more than 30 days in any 12-month period. Repeat of topical training requirements in
subdivisions 2 to deleted text begin8deleted text end new text begin9new text end shall count toward the annual 16-hour training requirement. Additional
ongoing training subjects to meet the annual 16-hour training requirement must be selected
from the following areas:

(1) child development and learning training under subdivision 2, paragraph (a);

(2) developmentally appropriate learning experiences, including training in creating
positive learning experiences, promoting cognitive development, promoting social and
emotional development, promoting physical development, promoting creative development;
and behavior guidance;

(3) relationships with families, including training in building a positive, respectful
relationship with the child's family;

(4) assessment, evaluation, and individualization, including training in observing,
recording, and assessing development; assessing and using information to plan; and assessing
and using information to enhance and maintain program quality;

(5) historical and contemporary development of early childhood education, including
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs;

(6) professionalism, including training in knowledge, skills, and abilities that promote
ongoing professional development; and

(7) health, safety, and nutrition, including training in establishing healthy practices;
ensuring safety; and providing healthy nutrition.

new text begin (b) A family or group family child care license holder or primary caregiver who is an
approved trainer through the Minnesota Center for Professional Development and who
conducts an approved training course through the Minnesota Center for Professional
Development in any of the topical training in subdivisions 2 to 9 shall receive training credit
for the training topic in the applicable annual period. Each hour of approved training
conducted shall count toward the annual 16-hour training requirement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2017 Supplement, section 245A.51, subdivision 3, is amended
to read:


Subd. 3.

Emergency preparedness plan.

(a) No later than September 30, 2017, a
licensed family child care provider must have a written emergency preparedness plan for
emergencies that require evacuation, sheltering, or other protection of children, such as fire,
natural disaster, deleted text beginintruder,deleted text end or other threatening situation that may pose a health or safety
hazard to children. The plan must be written on a form developed by the commissioner and
updated at least annually. The plan must include:

(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;

(2) a designated relocation site and evacuation route;

(3) procedures for notifying a child's parent or legal guardian of the evacuation,
shelter-in-place, or lockdown, including procedures for reunification with families;

(4) accommodations for a child with a disability or a chronic medical condition;

(5) procedures for storing a child's medically necessary medicine that facilitate easy
removal during an evacuation or relocation;

(6) procedures for continuing operations in the period during and after a crisis; and

(7) procedures for communicating with local emergency management officials, law
enforcement officials, or other appropriate state or local authorities.

(b) The license holder must train caregivers before the caregiver provides care and at
least annually on the emergency preparedness plan and document completion of this training.

(c) The license holder must conduct drills according to the requirements in Minnesota
Rules, part 9502.0435, subpart 8. The date and time of the drills must be documented.

(d) The license holder must have the emergency preparedness plan available for review
and posted in a prominent location. The license holder must provide a physical or electronic
copy of the plan to the child's parent or legal guardian upon enrollment.

new text begin (e) A licensed family child care provider must have an additional written emergency
plan for an intruder emergency that requires evacuation, sheltering, or other protection of
a child. The plan must include the information required under paragraph (a), and the license
holder must comply with the requirements of paragraphs (b) and (c). The license holder
must provide a physical or electronic notification to the child's parent or legal guardian upon
enrollment that a written intruder emergency preparedness plan is in place, but must not
post the written plan in a prominent location or have the written plan available for review
by any person who is not an employee, caregiver, helper, substitute, or individual affiliated
with law enforcement. The license holder may have the intruder emergency preparedness
plan available for review by law enforcement and county licensing staff, but county licensing
staff must not retain a copy or record of the plan.
new text end

Sec. 12.

Minnesota Statutes 2016, section 256K.45, subdivision 2, is amended to read:


Subd. 2.

Homeless youth report.

The commissioner shall prepare a biennial report,
beginning in February 2015, which provides meaningful information to the legislative
committees having jurisdiction over the issue of homeless youth, that includes, but is not
limited to: (1) a list of the areas of the state with the greatest need for services and housing
for homeless youth, and the level and nature of the needs identified; (2) details about grants
made; (3) the distribution of funds throughout the state based on population need; (4)
follow-up information, if available, on the status of homeless youth and whether they have
stable housing two years after services are provided; and (5) any other outcomes for
populations served to determine the effectiveness of the programs and use of funding.new text begin The
commissioner is exempt from preparing this report in 2019 and must instead update the
2007 report on homeless youth under section 18.
new text end

Sec. 13.

new text begin [256K.46] STABLE HOUSING AND SUPPORT SERVICES FOR
VULNERABLE YOUTH.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given them:
new text end

new text begin (a) "Eligible applicant" means a program licensed by the commissioner of human services
to provide transitional housing and support services to youth. An eligible applicant must
have staff on site 24 hours per day and must have established confidentiality protocols as
required by state and federal law.
new text end

new text begin (b) "Living essentials" means clothing, toiletries, transportation, interpreters, other
supplies, and services necessary for daily living.
new text end

new text begin (c) "Support services" has the meaning given in section 256E.33, subdivision 1, paragraph
(b), and includes crisis intervention, conflict mediation, family reunification services,
educational services, and employment resources.
new text end

new text begin (d) "Transitional housing" means secure shelter and housing that:
new text end

new text begin (1) is provided at low or no cost;
new text end

new text begin (2) is designed to assist people transitioning from homelessness, family or relationship
violence, or sexual exploitation, to living independently in the community; and
new text end

new text begin (3) provides residents with regular staff interaction, supervision plans, and living skills
training and assistance.
new text end

new text begin (e) "Vulnerable youth" means youth 13 years of age through 17 years of age who have
reported histories of sexual exploitation or family or relationship violence. Vulnerable youth
includes youth who are homeless and youth who are parents and their children.
new text end

new text begin Subd. 2. new text end

new text begin Grants authorized. new text end

new text begin The commissioner of human services may award grants
to eligible applicants to plan, establish, or operate programs to provide transitional housing
and support services to vulnerable youth. An applicant may apply for and the commissioner
may award grants for two-year periods, and the commissioner shall determine the number
of grants awarded. The commissioner may reallocate underspending among grantees within
the same grant period.
new text end

new text begin Subd. 3. new text end

new text begin Program variance. new text end

new text begin For purposes of this grant program, the commissioner may
grant a program variance under chapter 245A allowing a program licensed to provide
transitional housing and support services to youth 16 years of age through 17 years of age
to serve youth 13 years of age through 17 years of age.
new text end

new text begin Subd. 4. new text end

new text begin Allocation of grants. new text end

new text begin (a) An application must be on a form and contain
information as specified by the commissioner but at a minimum must contain:
new text end

new text begin (1) a description of the purpose or project for which grant funds will be used;
new text end

new text begin (2) a description of the specific problem the grant funds are intended to address;
new text end

new text begin (3) a description of achievable objectives, a work plan, and a timeline for implementation
and completion of processes or projects enabled by the grant;
new text end

new text begin (4) a description of the eligible applicant's existing frameworks and experience providing
transitional housing and support services to vulnerable youth; and
new text end

new text begin (5) a proposed process for documenting and evaluating results of the grant.
new text end

new text begin (b) Grant funds allocated under this section may be used for purposes that include, but
are not limited to, the following:
new text end

new text begin (1) transitional housing, meals, and living essentials for vulnerable youth and their
children;
new text end

new text begin (2) support services;
new text end

new text begin (3) mental health and substance use disorder counseling;
new text end

new text begin (4) staff training;
new text end

new text begin (5) case management and referral services; and
new text end

new text begin (6) aftercare and follow-up services, including ongoing adult and peer support.
new text end

new text begin (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, the commissioner shall establish criteria including, but not limited to:
new text end

new text begin (1) the eligibility of the applicant or project;
new text end

new text begin (2) the applicant's thoroughness and clarity in describing the problem grant funds are
intended to address;
new text end

new text begin (3) a description of the population demographics and service area of the proposed project;
and
new text end

new text begin (4) the proposed project's longevity and demonstrated financial sustainability after the
initial grant period.
new text end

new text begin (d) In evaluating applications, the commissioner may request additional information
regarding a proposed project, including information on project cost. An applicant's failure
to provide the information requested disqualifies an applicant.
new text end

new text begin Subd. 5. new text end

new text begin Awarding of grants. new text end

new text begin The commissioner must notify grantees of awards by
January 1, 2019.
new text end

new text begin Subd. 6. new text end

new text begin Update. new text end

new text begin The commissioner shall consult with providers serving homeless youth,
sex-trafficked youth, or sexually exploited youth, including providers serving older youth
under the Safe Harbor Act and Homeless Youth Act to make recommendations that resolve
conflicting requirements placed on providers and foster best practices in delivering services
to these populations of older youth. The recommendations may include the development
of additional certifications not currently available under Minnesota Rules, chapter 2960.
The commissioner shall provide an update on the stakeholder work and recommendations
identified through this process to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services finance and policy by January
15, 2019.
new text end

Sec. 14.

Minnesota Statutes 2016, section 256M.41, subdivision 3, is amended to read:


Subd. 3.

Payments based on performance.

(a) The commissioner shall make payments
under this section to each county board on a calendar year basis in an amount determined
under paragraph (b).

(b) Calendar year allocations under subdivision 1 shall be paid to counties in the following
manner:

(1) 80 percent of the allocation as determined in subdivision 1 must be paid to counties
on or before July 10 of each year;

(2) ten percent of the allocation shall be withheld until the commissioner determines if
the county has met the performance outcome threshold of 90 percent based on face-to-face
contact with alleged child victims. In order to receive the performance allocation, the county
child protection workers must have a timely face-to-face contact with at least 90 percent of
all alleged child victims of screened-in maltreatment reports. The standard requires that
each initial face-to-face contact occur consistent with timelines defined in section 626.556,
subdivision 10
, paragraph (i). The commissioner shall make threshold determinations in
January of each year and payments to counties meeting the performance outcome threshold
shall occur in February of each year. Any withheld funds from this appropriation for counties
that do not meet this requirement shall be deleted text beginreallocated by the commissioner to those counties
meeting the requirement
deleted text endnew text begin transferred to children and families operations for use under section
626.5591, subdivision 2, to support the Child Welfare Training Academy
new text end; and

(3) ten percent of the allocation shall be withheld until the commissioner determines
that the county has met the performance outcome threshold of 90 percent based on
face-to-face visits by the case manager. In order to receive the performance allocation, the
total number of visits made by caseworkers on a monthly basis to children in foster care
and children receiving child protection services while residing in their home must be at least
90 percent of the total number of such visits that would occur if every child were visited
once per month. The commissioner shall make such determinations in January of each year
and payments to counties meeting the performance outcome threshold shall occur in February
of each year. Any withheld funds from this appropriation for counties that do not meet this
requirement shall be deleted text beginreallocated by the commissioner to those counties meeting the
requirement
deleted text endnew text begin transferred to children and families operations for use under section 626.5591,
subdivision 2, to support the Child Welfare Training Academy
new text end. For 2015, the commissioner
shall only apply the standard for monthly foster care visits.

(c) The commissioner shall work with stakeholders and the Human Services Performance
Council under section 402A.16 to develop recommendations for specific outcome measures
that counties should meet in order to receive funds withheld under paragraph (b), and include
in those recommendations a determination as to whether the performance measures under
paragraph (b) should be modified or phased out. The commissioner shall report the
recommendations to the legislative committees having jurisdiction over child protection
issues by January 1, 2018.

Sec. 15.

new text begin [260C.81] MINN-LINK STUDY.
new text end

new text begin (a) The commissioner of human services shall partner with the University of Minnesota's
Minn-LInK statewide integrated administrative data project to conduct an annual study to
understand characteristics, experiences, and outcomes of children and families served by
the child welfare system. Minn-LInK researchers shall annually conduct research and provide
research briefs, reports, and consultation to the Child Welfare Training Academy to inform
the development and revision of training curriculum.
new text end

new text begin (b) The commissioner shall report a summary of the research results to the governor and
to the committees in the house of representatives and senate with jurisdiction over human
services annually by December 15.
new text end

Sec. 16.

Minnesota Statutes 2016, section 518A.32, subdivision 3, is amended to read:


Subd. 3.

Parent not considered voluntarily unemployed, underemployed, or employed
on a less than full-time basis.

A parent is not considered voluntarily unemployed,
underemployed, or employed on a less than full-time basis upon a showing by the parent
that:

(1) the unemployment, underemployment, or employment on a less than full-time basis
is temporary and will ultimately lead to an increase in income;

(2) the unemployment, underemployment, or employment on a less than full-time basis
represents a bona fide career change that outweighs the adverse effect of that parent's
diminished income on the child; deleted text beginor
deleted text end

(3) the unemployment, underemployment, or employment on a less than full-time basis
is because a parent is physically or mentally incapacitated or due to incarcerationdeleted text begin, except
where the reason for incarceration is the parent's nonpayment of support.
deleted text endnew text begin; or
new text end

new text begin (4) the parent has been determined by an authorized government agency to be eligible
to receive general assistance or Supplemental Security Income payments. Any income, not
including public assistance payments, earned by the parent who is eligible for general
assistance or Supplemental Security Income payments may be considered for the purpose
of calculating child support.
new text end

Sec. 17.

Minnesota Statutes 2016, section 518A.685, is amended to read:


518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.

(a) If a public authority determines that an obligor has not paid the current monthly
support obligation plus any required arrearage payment for three months, the public authority
must report this information to a consumer reporting agency.

(b) Before reporting that an obligor is in arrears for court-ordered child support, the
public authority must:

(1) provide written notice to the obligor that the public authority intends to report the
arrears to a consumer reporting agency; and

(2) mail the written notice to the obligor's last known mailing address at least 30 days
before the public authority reports the arrears to a consumer reporting agency.

(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent
the public authority from reporting the arrears to a consumer reporting agency:

(1) pay the arrears in full; or

(2) request an administrative review. An administrative review is limited to issues of
mistaken identity, a pending legal action involving the arrears, or an incorrect arrears balance.

deleted text begin (d) If the public authority has reported that an obligor is in arrears for court-ordered
child support and subsequently determines that the obligor has paid the court-ordered child
support arrears in full, or is paying the current monthly support obligation plus any required
arrearage payment, the public authority must report to the consumer reporting agency that
the obligor is currently paying child support as ordered by the court.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end A public authority that reports arrearage information under this section must
make monthly reports to a consumer reporting agency. The monthly report must be consistent
with credit reporting industry standards for child support.

deleted text begin (f)deleted text endnew text begin (e)new text end For purposes of this section, "consumer reporting agency" has the meaning given
in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

Sec. 18. new text begin2018 REPORT TO LEGISLATURE ON HOMELESS YOUTH.
new text end

new text begin Subdivision 1. new text end

new text begin Report development. new text end

new text begin In lieu of the biennial homeless youth report under
Minnesota Statutes, section 256K.45, subdivision 2, the commissioner of human services
shall update the information in the 2007 legislative report on runaway and homeless youth.
In developing the updated report, the commissioner may use existing data, studies, and
analysis provided by state, county, and other entities including, but not limited to:
new text end

new text begin (1) Minnesota Housing Finance Agency analysis on housing availability;
new text end

new text begin (2) Minnesota state plan to end homelessness;
new text end

new text begin (3) continuum of care counts of youth experiencing homelessness and assessments as
provided by Department of Housing and Urban Development (HUD)-required coordinated
entry systems;
new text end

new text begin (4) data collected through the Department of Human Services Homeless Youth Act grant
program;
new text end

new text begin (5) Wilder Research homeless study;
new text end

new text begin (6) Voices of Youth Count sponsored by Hennepin County; and
new text end

new text begin (7) privately funded analysis, including:
new text end

new text begin (i) nine evidence-based principles to support youth in overcoming homelessness;
new text end

new text begin (ii) return on investment analysis conducted for YouthLink by Foldes Consulting; and
new text end

new text begin (iii) evaluation of Homeless Youth Act resources conducted by Rainbow Research.
new text end

new text begin Subd. 2. new text end

new text begin Key elements; due date. new text end

new text begin (a) The report may include three key elements where
significant learning has occurred in the state since the 2007 report, including:
new text end

new text begin (1) unique causes of youth homelessness;
new text end

new text begin (2) targeted responses to youth homelessness, including significance of positive youth
development as fundamental to each targeted response; and
new text end

new text begin (3) recommendations based on existing reports and analysis on what it will take to end
youth homelessness.
new text end

new text begin (b) To the extent data is available, the report must include:
new text end

new text begin (1) general accounting of the federal and philanthropic funds leveraged to support
homeless youth activities;
new text end

new text begin (2) general accounting of the increase in volunteer responses to support youth
experiencing homelessness; and
new text end

new text begin (3) data-driven accounting of geographic areas or distinct populations that have gaps in
service or are not yet served by homeless youth responses.
new text end

new text begin (c) The commissioner of human services may consult with community-based providers
of homeless youth services and other expert stakeholders to complete the report. The
commissioner shall submit the report to the chairs and ranking minority members of the
legislative committees with jurisdiction over youth homelessness by February 15, 2019.
new text end

Sec. 19. new text beginTASK FORCE ON CHILDHOOD TRAUMA-INFORMED POLICY AND
PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services must establish and
appoint a task force on trauma-informed policy and practices to prevent and reduce children's
exposure to adverse childhood experiences (ACEs) consisting of the following members:
new text end

new text begin (1) the commissioners of human services, public safety, health, and education or the
commissioners' designees;
new text end

new text begin (2) two members representing law enforcement with expertise in juvenile justice;
new text end

new text begin (3) two members representing county social services agencies;
new text end

new text begin (4) four members, one representing each of the three ethnic councils established under
Minnesota Statutes, section 15.0145, and one representing the Indian Affairs Council
established under Minnesota Statutes, section 3.922;
new text end

new text begin (5) two members representing tribal social services providers;
new text end

new text begin (6) two members with expertise in prekindergarten through grade 12 education;
new text end

new text begin (7) three licensed health care professionals with expertise in the neurobiology of
childhood development representing public health, mental health, and primary health;
new text end

new text begin (8) one member representing family service or children's mental health collaboratives;
new text end

new text begin (9) two parents who had ACEs;
new text end

new text begin (10) two ombudspersons from the Minnesota Office of Ombudsperson for Families; and
new text end

new text begin (11) representatives of any other group the commissioner of human services deems
appropriate to complete the duties of the task force.
new text end

new text begin Subd. 2. new text end

new text begin Staff. new text end

new text begin The commissioner of human services must provide meeting space, support
staff, and administrative services for the task force.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The task force must perform the following duties:
new text end

new text begin (1) engage the human services, education, public health, juvenile justice, and criminal
justice systems in the creation of trauma-informed policy and practices in each of these
systems to prevent and reduce ACEs and to support the health and well-being of all families;
and
new text end

new text begin (2) identify social determinants of the health and well-being of all families and
recommend solutions to eliminate racial and ethnic disparities in the state.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The task force must submit a report on the results of its duties outlined
in subdivision 3 and any policy recommendations to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services, public safety,
judiciary, and education by January 15, 2019.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of the report required
under subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20. new text beginCHILD WELFARE TRAINING ACADEMY.
new text end

new text begin Subdivision 1. new text end

new text begin Modifications. new text end

new text begin (a) The commissioner of human services shall modify
the Child Welfare Training System developed pursuant to Minnesota Statutes, section
626.5591, subdivision 2, as provided in this section. The new training framework shall be
known as the Child Welfare Training Academy.
new text end

new text begin (b) The Child Welfare Training Academy shall be administered through five regional
hubs in northwest, northeast, southwest, southeast, and central Minnesota. Each hub shall
deliver training targeted to the needs of its particular region, taking into account varying
demographics, resources, and practice outcomes.
new text end

new text begin (c) The Child Welfare Training Academy shall use training methods best suited to the
training content. National best practices in adult learning must be used to the greatest extent
possible, including online learning methodologies, coaching, mentoring, and simulated skill
application.
new text end

new text begin (d) Each child welfare worker and supervisor shall be required to complete a certification,
including a competency-based knowledge test and a skills demonstration, at the completion
of the worker's initial training and biennially thereafter. The commissioner shall develop
ongoing training requirements and a method for tracking certifications.
new text end

new text begin (e) Each regional hub shall have a regional organizational effectiveness specialist trained
in continuous quality improvement strategies. The specialist shall provide organizational
change assistance to counties and tribes, with priority given to efforts intended to impact
child safety.
new text end

new text begin (f) The Child Welfare Training Academy shall include training and resources that address
worker well-being and secondary traumatic stress.
new text end

new text begin (g) The Child Welfare Training Academy shall serve the primary training audiences of
(1) county and tribal child welfare workers, (2) county and tribal child welfare supervisors,
and (3) staff at private agencies providing out-of-home placement services for children
involved in Minnesota's county and tribal child welfare system.
new text end

new text begin Subd. 2. new text end

new text begin Partners. new text end

new text begin (a) The commissioner of human services shall enter into a partnership
with the University of Minnesota to collaborate in the administration of workforce training.
new text end

new text begin (b) The commissioner of human services shall enter into a partnership with one or more
agencies to provide consultation, subject matter expertise, and capacity building in
organizational resilience and child welfare workforce well-being.
new text end

Sec. 21. new text beginCHILD WELFARE CASELOAD STUDY.
new text end

new text begin (a) The commissioner of human services shall conduct a child welfare caseload study
to collect data on (1) the number of child welfare workers in Minnesota, and (2) the amount
of time that child welfare workers spend on different components of child welfare work.
The study must be completed by July 1, 2019.
new text end

new text begin (b) The commissioner shall report the results of the child welfare caseload study to the
governor and to the committees in the house of representatives and senate with jurisdiction
over human services by December 1, 2019.
new text end

new text begin (c) After the child welfare caseload study is complete, the commissioner shall work with
counties and other stakeholders to develop a process for ongoing monitoring of child welfare
workers' caseloads.
new text end

Sec. 22. new text beginRULEMAKING.
new text end

new text begin The commissioner of human services may adopt rules as necessary to establish the Child
Welfare Training Academy.
new text end

Sec. 23. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with the Department of Human Services, House
Research Department, and Senate Counsel, Research and Fiscal Analysis shall change the
terms "food support" and "food stamps" to "Supplemental Nutrition Assistance Program"
or "SNAP" in Minnesota Statutes and Minnesota Rules when appropriate. The revisor may
make technical and other necessary changes to sentence structure to preserve the meaning
of the text.
new text end

Sec. 24. new text beginEFFECTIVE DATE.
new text end

new text begin (a) Sections 1, 2, and 4 to 7 are effective as soon as practicable contingent upon:
new text end

new text begin (1) receipt of additional federal child care and development funds above the amount
received in federal fiscal year 2017 appropriated in the federal Consolidated Appropriations
Act of 2018, Public Law 115-141, and any subsequent federal appropriations, in an amount
sufficient to cover the cost associated with the amendments to those sections through June
30, 2021; and
new text end

new text begin (2) satisfactory completion of the requirements in Minnesota Statutes, section 3.3005.
new text end

new text begin (b) If the additional federal child care and development funds are not sufficient to cover
the cost of the amendments to sections 1, 2, and 4 to 7, those sections are effective upon
implementation by the commissioner of human services.
new text end

new text begin The commissioner of human services shall prioritize implementation of those sections as
follows:
new text end

new text begin (1) first priority is implementation of the amendments to Minnesota Statutes, sections
119B.011, subdivision 13b; 119B.025, subdivision 1; and 119B.095, subdivision 3;
new text end

new text begin (2) second priority is implementation of the amendments to Minnesota Statutes, section
119B.011, subdivision 20;
new text end

new text begin (3) third priority is implementation of the amendments to Minnesota Statutes, section
119B.03, subdivision 9; and
new text end

new text begin (4) fourth priority is implementation of the amendments to Minnesota Statutes, section
119B.13, subdivision 1.
new text end

new text begin (c) The commissioner of human services shall determine if the additional child care and
development funds are sufficient by June 30, 2018, and notify the revisor of statutes when
sections 1, 2, and 4 to 7 are effective.
new text end


ARTICLE 8

HEALTH LICENSING BOARDS

Section 1.

Minnesota Statutes 2016, section 13.83, subdivision 2, is amended to read:


Subd. 2.

Public data.

Unless specifically classified otherwise by state statute or federal
law, the following data created or collected by a medical examiner or coroner on a deceased
individual are public: name of the deceased; date of birth; date of death; address; sex; race;
citizenship; height; weight; hair color; eye color; build; complexion; age, if known, or
approximate age; identifying marks, scars and amputations; a description of the decedent's
clothing; marital status; location of death including name of hospital where applicable; name
of spouse; whether or not the decedent ever served in the armed forces of the United States;
occupation; business; father's name (also birth name, if different); mother's name (also birth
name, if different); birthplace; birthplace of parents; cause of death; causes of cause of
death; whether an autopsy was performed and if so, whether it was conclusive; date and
place of injury, if applicable, including work place; how injury occurred; whether death
was caused by accident, suicide, homicide, or was of undetermined cause; certification of
attendance by physiciannew text begin or advanced practice registered nursenew text end; physician'snew text begin or advanced
practice registered nurse's
new text end name and address; certification by coroner or medical examiner;
name and signature of coroner or medical examiner; type of disposition of body; burial
place name and location, if applicable; date of burial, cremation or removal; funeral home
name and address; and name of local register or funeral director.

Sec. 2.

Minnesota Statutes 2016, section 144.651, subdivision 21, is amended to read:


Subd. 21.

Communication privacy.

Patients and residents may associate and
communicate privately with persons of their choice and enter and, except as provided by
the Minnesota Commitment Act, leave the facility as they choose. Patients and residents
shall have access, at their expense, to writing instruments, stationery, and postage. Personal
mail shall be sent without interference and received unopened unless medically or
programmatically contraindicated and documented by the physician new text beginor advanced practice
registered nurse
new text endin the medical record. There shall be access to a telephone where patients
and residents can make and receive calls as well as speak privately. Facilities which are
unable to provide a private area shall make reasonable arrangements to accommodate the
privacy of patients' or residents' calls. Upon admission to a facility where federal law
prohibits unauthorized disclosure of patient or resident identifying information to callers
and visitors, the patient or resident, or the legal guardian or conservator of the patient or
resident, shall be given the opportunity to authorize disclosure of the patient's or resident's
presence in the facility to callers and visitors who may seek to communicate with the patient
or resident. To the extent possible, the legal guardian or conservator of a patient or resident
shall consider the opinions of the patient or resident regarding the disclosure of the patient's
or resident's presence in the facility. This right is limited where medically inadvisable, as
documented by the attending physician new text beginor advanced practice registered nurse new text endin a patient's
or resident's care record. Where programmatically limited by a facility abuse prevention
plan pursuant to section 626.557, subdivision 14, paragraph (b), this right shall also be
limited accordingly.

Sec. 3.

Minnesota Statutes 2016, section 144A.26, is amended to read:


144A.26 RECIPROCITY WITH OTHER STATESnew text begin AND EQUIVALENCY OF
HEALTH SERVICES EXECUTIVE
new text end.

new text begin Subdivision 1. new text end

new text begin Reciprocity. new text end

The Board of Examiners may issue a nursing home
administrator's license, without examination, to any person who holds a current license as
a nursing home administrator from another jurisdiction if the board finds that the standards
for licensure in the other jurisdiction are at least the substantial equivalent of those prevailing
in this state and that the applicant is otherwise qualified.

new text begin Subd. 2. new text end

new text begin Health services executive license. new text end

new text begin The Board of Examiners may issue a health
services executive license to any person who (1) has been validated by the National
Association of Long Term Care Administrator Boards as a health services executive, and
(2) has met the education and practice requirements for the minimum qualifications of a
nursing home administrator, assisted living administrator, and home and community-based
service provider. Licensure decisions made by the board under this subdivision are final.
new text end

Sec. 4.

Minnesota Statutes 2016, section 144A.4791, subdivision 13, is amended to read:


Subd. 13.

Request for discontinuation of life-sustaining treatment.

(a) If a client,
family member, or other caregiver of the client requests that an employee or other agent of
the home care provider discontinue a life-sustaining treatment, the employee or agent
receiving the request:

(1) shall take no action to discontinue the treatment; and

(2) shall promptly inform the supervisor or other agent of the home care provider of the
client's request.

(b) Upon being informed of a request for termination of treatment, the home care provider
shall promptly:

(1) inform the client that the request will be made known to the physiciannew text begin or advanced
practice registered nurse
new text end who ordered the client's treatment;

(2) inform the physician new text beginor advanced practice registered nurse new text endof the client's request;
and

(3) work with the client and the client's physician new text beginor advanced practice registered nurse
new text end to comply with the provisions of the Health Care Directive Act in chapter 145C.

(c) This section does not require the home care provider to discontinue treatment, except
as may be required by law or court order.

(d) This section does not diminish the rights of clients to control their treatments, refuse
services, or terminate their relationships with the home care provider.

(e) This section shall be construed in a manner consistent with chapter 145B or 145C,
whichever applies, and declarations made by clients under those chapters.

Sec. 5.

new text begin [148.2855] NURSE LICENSURE COMPACT.
new text end

new text begin The Nurse Licensure Compact is enacted into law and entered into with all other
jurisdictions legally joining in it, in the form substantially as follows:
new text end

new text begin ARTICLE I
new text end

new text begin DEFINITIONS
new text end

new text begin As used in this compact:
new text end

new text begin (a) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's law that is imposed by a licensing board or other authority against a
nurse, including actions against an individual's license or multistate licensure privilege such
as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's
practice, or any other encumbrance on licensure affecting a nurse's authorization to practice,
including issuance of a cease and desist action.
new text end

new text begin (b) "Alternative program" means a nondisciplinary monitoring program approved by a
licensing board.
new text end

new text begin (c) "Coordinated licensure information system" means an integrated process for collecting,
storing, and sharing information on nurse licensure and enforcement activities related to
nurse licensure laws that is administered by a nonprofit organization composed of and
controlled by licensing boards.
new text end

new text begin (d) "Current significant investigative information" means:
new text end

new text begin (1) investigative information that a licensing board, after a preliminary inquiry that
includes notification and an opportunity for the nurse to respond, if required by state law,
has reason to believe is not groundless and, if proved true, would indicate more than a minor
infraction; or
new text end

new text begin (2) investigative information that indicates that the nurse represents an immediate threat
to public health and safety, regardless of whether the nurse has been notified and had an
opportunity to respond.
new text end

new text begin (e) "Encumbrance" means a revocation or suspension of, or any limitation on, the full
and unrestricted practice of nursing imposed by a licensing board.
new text end

new text begin (f) "Home state" means the party state which is the nurse's primary state of residence.
new text end

new text begin (g) "Licensing board" means a party state's regulatory body responsible for issuing nurse
licenses.
new text end

new text begin (h) "Multistate license" means a license to practice as a registered or a licensed
practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes
the licensed nurse to practice in all party states under a multistate licensure privilege.
new text end

new text begin (i) "Multistate licensure privilege" means a legal authorization associated with a multistate
license permitting the practice of nursing as either a registered nurse (RN) or licensed
practical/vocational nurse (LPN/VN) in a remote state.
new text end

new text begin (j) "Nurse" means a registered nurse (RN) or licensed practical/vocational nurse
(LPN/VN), as those terms are defined by each party state's practice laws.
new text end

new text begin (k) "Party state" means any state that has adopted this compact.
new text end

new text begin (l) "Remote state" means a party state, other than the home state.
new text end

new text begin (m) "Single-state license" means a nurse license issued by a party state that authorizes
practice only within the issuing state and does not include a multistate licensure privilege
to practice in any other party state.
new text end

new text begin (n) "State" means a state, territory, or possession of the United States and the District
of Columbia.
new text end

new text begin (o) "State practice laws" means a party state's laws, rules, and regulations that govern
the practice of nursing, define the scope of nursing practice, and create the methods and
grounds for imposing discipline. State practice laws do not include requirements necessary
to obtain and retain a license, except for qualifications or requirements of the home state.
new text end

new text begin ARTICLE II
new text end

new text begin GENERAL PROVISIONS AND JURISDICTION
new text end

new text begin (a) A multistate license to practice registered or licensed practical/vocational nursing
issued by a home state to a resident in that state will be recognized by each party state as
authorizing a nurse to practice as an RN or as a LPN/VN under a multistate licensure
privilege in each party state.
new text end

new text begin (b) A state must implement procedures for considering the criminal history records of
applicants for initial multistate license or licensure by endorsement. Such procedures shall
include the submission of fingerprints or other biometric-based information by applicants
for the purpose of obtaining an applicant's criminal history record information from the
Federal Bureau of Investigation and the agency responsible for retaining that state's criminal
records.
new text end

new text begin (c) Each party state shall require the following for an applicant to obtain or retain a
multistate license in the home state:
new text end

new text begin (1) meets the home state's qualifications for licensure or renewal of licensure, as well
as all other applicable state laws;
new text end

new text begin (2)(i) has graduated or is eligible to graduate from a licensing board-approved RN or
LPN/VN prelicensure education program; or
new text end

new text begin (ii) has graduated from a foreign RN or LPN/VN prelicensure education program that:
new text end

new text begin (A) has been approved by the authorized accrediting body in the applicable country; and
new text end

new text begin (B) has been verified by an independent credentials review agency to be comparable to
a licensing board-approved prelicensure education program;
new text end

new text begin (3) has, if a graduate of a foreign prelicensure education program not taught in English
or if English is not the individual's native language, successfully passed an English
proficiency examination that includes the components of reading, speaking, writing, and
listening;
new text end

new text begin (4) has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized
predecessor, as applicable;
new text end

new text begin (5) is eligible for or holds an active, unencumbered license;
new text end

new text begin (6) has submitted, in connection with an application for initial licensure or licensure by
endorsement, fingerprints, or other biometric data for the purpose of obtaining criminal
history record information from the Federal Bureau of Investigation and the agency
responsible for retaining that state's criminal records;
new text end

new text begin (7) has not been convicted or found guilty, or has entered into an agreed disposition, of
a felony offense under applicable state or federal criminal law;
new text end

new text begin (8) has not been convicted or found guilty, or has entered into an agreed disposition, of
a misdemeanor offense related to the practice of nursing as determined on a case-by-case
basis;
new text end

new text begin (9) is not currently enrolled in an alternative program;
new text end

new text begin (10) is subject to self-disclosure requirements regarding current participation in an
alternative program; and
new text end

new text begin (11) has a valid United States Social Security number.
new text end

new text begin (d) All party states shall be authorized, in accordance with existing state due process
law, to take adverse action against a nurse's multistate licensure privilege such as revocation,
suspension, probation, or any other action that affects a nurse's authorization to practice
under a multistate licensure privilege, including cease and desist actions. If a party state
takes such action, it shall promptly notify the administrator of the coordinated licensure
information system. The administrator of the coordinated licensure information system shall
promptly notify the home state of any such actions by remote states.
new text end

new text begin (e) A nurse practicing in a party state must comply with the state practice laws of the
state in which the client is located at the time service is provided. The practice of nursing
is not limited to patient care, but shall include all nursing practice as defined by the state
practice laws of the party state in which the client is located. The practice of nursing in a
party state under a multistate licensure privilege will subject a nurse to the jurisdiction of
the licensing board, the courts, and the laws of the party state in which the client is located
at the time service is provided.
new text end

new text begin (f) Individuals not residing in a party state shall continue to be able to apply for a party
state's single-state license as provided under the laws of each party state. However, the
single-state license granted to these individuals will not be recognized as granting the
privilege to practice nursing in any other party state. Nothing in this compact shall affect
the requirements established by a party state for the issuance of a single-state license.
new text end

new text begin (g) Any nurse holding a home state multistate license, on the effective date of this
compact, may retain and renew the multistate license issued by the nurse's then-current
home state, provided that:
new text end

new text begin (1) a nurse, who changes primary state of residence after this compact's effective date,
must meet all applicable paragraph (c) requirements to obtain a multistate license from a
new home state; or
new text end

new text begin (2) a nurse who fails to satisfy the multistate licensure requirements in paragraph (c)
due to a disqualifying event occurring after this compact's effective date shall be ineligible
to retain or renew a multistate license, and the nurse's multistate license shall be revoked
or deactivated in accordance with applicable rules adopted by the Interstate Commission
of Nurse Licensure Compact Administrators ("Commission").
new text end

new text begin ARTICLE III
new text end

new text begin APPLICATIONS FOR LICENSURE IN A PARTY STATE
new text end

new text begin (a) Upon application for a multistate license, the licensing board in the issuing party
state shall ascertain, through the coordinated licensure information system, whether the
applicant has ever held, or is the holder of, a license issued by any other state, whether there
are any encumbrances on any license or multistate licensure privilege held by the applicant,
whether any adverse action has been taken against any license or multistate licensure privilege
held by the applicant, and whether the applicant is currently participating in an alternative
program.
new text end

new text begin (b) A nurse may hold a multistate license, issued by the home state, in only one party
state at a time.
new text end

new text begin (c) If a nurse changes primary state of residence by moving between two party states,
the nurse must apply for licensure in the new home state, and the multistate license issued
by the prior home state will be deactivated in accordance with applicable rules adopted by
the commission:
new text end

new text begin (1) the nurse may apply for licensure in advance of a change in primary state of residence;
and
new text end

new text begin (2) a multistate license shall not be issued by the new home state until the nurse provides
satisfactory evidence of a change in primary state of residence to the new home state and
satisfies all applicable requirements to obtain a multistate license from the new home state.
new text end

new text begin (d) If a nurse changes primary state of residence by moving from a party state to a
nonparty state, the multistate license issued by the prior home state will convert to a
single-state license, valid only in the former home state.
new text end

new text begin ARTICLE IV
new text end

new text begin ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS
new text end

new text begin (a) In addition to the other powers conferred by state law, a licensing board shall have
the authority to:
new text end

new text begin (1) take adverse action against a nurse's multistate licensure privilege to practice within
that party state:
new text end

new text begin (i) only the home state shall have the power to take adverse action against a nurse's
license issued by the home state; and
new text end

new text begin (ii) for purposes of taking adverse action, the home state licensing board shall give the
same priority and effect to reported conduct received from a remote state as it would if such
conduct occurred within the home state. In so doing, the home state shall apply its own state
laws to determine appropriate action;
new text end

new text begin (2) issue cease and desist orders or impose an encumbrance on a nurse's authority to
practice within that party state;
new text end

new text begin (3) complete any pending investigations of a nurse who changes primary state of residence
during the course of such investigations. The licensing board shall also have the authority
to take appropriate action(s) and shall promptly report the conclusions of such investigations
to the administrator of the coordinated licensure information system. The administrator of
the coordinated licensure information system shall promptly notify the new home state of
any such actions;
new text end

new text begin (4) issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing
board in a party state for the attendance and testimony of witnesses or the production of
evidence from another party state shall be enforced in the latter state by any court of
competent jurisdiction, according to the practice and procedure of that court applicable to
subpoenas issued in proceedings pending before it. The issuing authority shall pay any
witness fees, travel expenses, mileage, and other fees required by the service statutes of the
state in which the witnesses or evidence are located;
new text end

new text begin (5) obtain and submit, for each nurse licensure applicant, fingerprint, or other
biometric-based information to the Federal Bureau of Investigation for criminal background
checks, receive the results of the Federal Bureau of Investigation record search on criminal
background checks, and use the results in making licensure decisions;
new text end

new text begin (6) if otherwise permitted by state law, recover from the affected nurse the costs of
investigations and disposition of cases resulting from any adverse action taken against that
nurse; and
new text end

new text begin (7) take adverse action based on the factual findings of the remote state, provided that
the licensing board follows its own procedures for taking such adverse action.
new text end

new text begin (b) If adverse action is taken by the home state against a nurse's multistate license, the
nurse's multistate licensure privilege to practice in all other party states shall be deactivated
until all encumbrances have been removed from the multistate license. All home state
disciplinary orders that impose adverse action against a nurse's multistate license shall
include a statement that the nurse's multistate licensure privilege is deactivated in all party
states during the pendency of the order.
new text end

new text begin (c) Nothing in this compact shall override a party state's decision that participation in
an alternative program may be used in lieu of adverse action. The home state licensing board
shall deactivate the multistate licensure privilege under the multistate license of any nurse
for the duration of the nurse's participation in an alternative program.
new text end

new text begin ARTICLE V
new text end

new text begin COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF
INFORMATION
new text end

new text begin (a) All party states shall participate in a coordinated licensure information system of all
licensed registered nurses (RNs) and licensed practical/vocational nurses (LPN/VNs). This
system will include information on the licensure and disciplinary history of each nurse, as
submitted by party states, to assist in the coordination of nurse licensure and enforcement
efforts.
new text end

new text begin (b) The commission, in consultation with the administrator of the coordinated licensure
information system, shall formulate necessary and proper procedures for the identification,
collection, and exchange of information under this compact.
new text end

new text begin (c) All licensing boards shall promptly report to the coordinated licensure information
system any adverse action, any current significant investigative information, denials of
applications, including the reasons for such denials, and nurse participation in alternative
programs known to the licensing board, regardless of whether such participation is deemed
nonpublic or confidential under state law.
new text end

new text begin (d) Current significant investigative information and participation in nonpublic or
confidential alternative programs shall be transmitted through the coordinated licensure
information system only to party state licensing boards.
new text end

new text begin (e) Notwithstanding any other provision of law, all party state licensing boards
contributing information to the coordinated licensure information system may designate
information that may not be shared with nonparty states or disclosed to other entities or
individuals without the express permission of the contributing state.
new text end

new text begin (f) Any personally identifiable information obtained from the coordinated licensure
information system by a party state licensing board shall not be shared with nonparty states
or disclosed to other entities or individuals except to the extent permitted by the laws of the
party state contributing the information.
new text end

new text begin (g) Any information contributed to the coordinated licensure information system that is
subsequently required to be expunged by the laws of the party state contributing that
information shall also be expunged from the coordinated licensure information system.
new text end

new text begin (h) The compact administrator of each party state shall furnish a uniform data set to the
compact administrator of each other party state, which shall include, at a minimum:
new text end

new text begin (1) identifying information;
new text end

new text begin (2) licensure data;
new text end

new text begin (3) information related to alternative program participation; and
new text end

new text begin (4) other information that may facilitate the administration of this compact, as determined
by commission rules.
new text end

new text begin (i) The compact administrator of a party state shall provide all investigative documents
and information requested by another party state.
new text end

new text begin ARTICLE VI
new text end

new text begin ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE
COMPACT ADMINISTRATORS
new text end

new text begin (a) The party states hereby create and establish a joint public entity known as the Interstate
Commission of Nurse Licensure Compact Administrators:
new text end

new text begin (1) the commission is an instrumentality of the party states;
new text end

new text begin (2) venue is proper, and judicial proceedings by or against the commission shall be
brought solely and exclusively, in a court of competent jurisdiction where the principal
office of the commission is located. The commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in alternative dispute resolution
proceedings; and
new text end

new text begin (3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
new text end

new text begin (b) Membership, voting, and meetings:
new text end

new text begin (1) each party state shall have and be limited to one administrator. The head of the state
licensing board or designee shall be the administrator of this compact for each party state.
Any administrator may be removed or suspended from office as provided by the law of the
state from which the administrator is appointed. Any vacancy occurring in the commission
shall be filled in accordance with the laws of the party state in which the vacancy exists;
new text end

new text begin (2) each administrator shall be entitled to one vote with regard to the promulgation of
rules and creation of bylaws and shall otherwise have an opportunity to participate in the
business and affairs of the commission. An administrator shall vote in person or by such
other means as provided in the bylaws. The bylaws may provide for an administrator's
participation in meetings by telephone or other means of communication;
new text end

new text begin (3) the commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws or rules of the commission;
new text end

new text begin (4) all meetings shall be open to the public, and public notice of meetings shall be given
in the same manner as required under the rulemaking provisions in article VII;
new text end

new text begin (5) the commission may convene in a closed, nonpublic meeting if the commission must
discuss:
new text end

new text begin (i) noncompliance of a party state with its obligations under this compact;
new text end

new text begin (ii) the employment, compensation, discipline, or other personnel matters, practices, or
procedures related to specific employees or other matters related to the commission's internal
personnel practices and procedures;
new text end

new text begin (iii) current, threatened, or reasonably anticipated litigation;
new text end

new text begin (iv) negotiation of contracts for the purchase or sale of goods, services, or real estate;
new text end

new text begin (v) accusing any person of a crime or formally censuring any person;
new text end

new text begin (vi) disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
new text end

new text begin (vii) disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
new text end

new text begin (viii) disclosure of investigatory records compiled for law enforcement purposes;
new text end

new text begin (ix) disclosure of information related to any reports prepared by or on behalf of the
commission for the purpose of investigation of compliance with this compact; or
new text end

new text begin (x) matters specifically exempted from disclosure by federal or state statute; and
new text end

new text begin (6) if a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision. The commission shall keep minutes that
fully and clearly describe all matters discussed in a meeting and shall provide a full and
accurate summary of actions taken, and the reasons therefore, including a description of the
views expressed. All documents considered in connection with an action shall be identified
in minutes. All minutes and documents of a closed meeting shall remain under seal, subject
to release by a majority vote of the commission or order of a court of competent jurisdiction.
new text end

new text begin (c) The commission shall, by a majority vote of the administrators, prescribe bylaws or
rules to govern its conduct as may be necessary or appropriate to carry out the purposes and
exercise the powers of this compact, including, but not limited to:
new text end

new text begin (1) establishing the fiscal year of the commission;
new text end

new text begin (2) providing reasonable standards and procedures:
new text end

new text begin (i) for the establishment and meetings of other committees; and
new text end

new text begin (ii) governing any general or specific delegation of any authority or function of the
commission;
new text end

new text begin (3) providing reasonable procedures for calling and conducting meetings of the
commission, ensuring reasonable advance notice of all meetings and providing an opportunity
for attendance of such meetings by interested parties, with enumerated exceptions designed
to protect the public's interest, the privacy of individuals, and proprietary information,
including trade secrets. The commission may meet in closed session only after a majority
of the administrators vote to close a meeting in whole or in part. As soon as practicable, the
commission must make public a copy of the vote to close the meeting revealing the vote of
each administrator, with no proxy votes allowed;
new text end

new text begin (4) establishing the titles, duties, and authority and reasonable procedures for the election
of the officers of the commission;
new text end

new text begin (5) providing reasonable standards and procedures for the establishment of the personnel
policies and programs of the commission. Notwithstanding any civil service or other similar
laws of any party state, the bylaws shall exclusively govern the personnel policies and
programs of the commission; and
new text end

new text begin (6) providing a mechanism for winding up the operations of the commission and the
equitable disposition of any surplus funds that may exist after the termination of this compact
after the payment or reserving of all of its debts and obligations.
new text end

new text begin (d) The commission shall publish its bylaws and rules, and any amendments thereto, in
a convenient form on the Web site of the commission.
new text end

new text begin (e) The commission shall maintain its financial records in accordance with the bylaws.
new text end

new text begin (f) The commission shall meet and take actions as are consistent with the provisions of
this compact and the bylaws.
new text end

new text begin (g) The commission shall have the following powers:
new text end

new text begin (1) to promulgate uniform rules to facilitate and coordinate implementation and
administration of this compact. The rules shall have the force and effect of law and shall
be binding in all party states;
new text end

new text begin (2) to bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any licensing board to sue or be sued under applicable law
shall not be affected;
new text end

new text begin (3) to purchase and maintain insurance and bonds;
new text end

new text begin (4) to borrow, accept, or contract for services of personnel, including, but not limited
to, employees of a party state or nonprofit organizations;
new text end

new text begin (5) to cooperate with other organizations that administer state compacts related to the
regulation of nursing, including, but not limited to, sharing administrative or staff expenses,
office space, or other resources;
new text end

new text begin (6) to hire employees, elect or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of this compact, and to
establish the commission's personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;
new text end

new text begin (7) to accept any and all appropriate donations, grants, and gifts of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose of the same; provided
that at all times the commission shall avoid any appearance of impropriety or conflict of
interest;
new text end

new text begin (8) to lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
hold, improve, or use any property, whether real, personal, or mixed; provided that at all
times the commission shall avoid any appearance of impropriety;
new text end

new text begin (9) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, whether real, personal, or mixed;
new text end

new text begin (10) to establish a budget and make expenditures;
new text end

new text begin (11) to borrow money;
new text end

new text begin (12) to appoint committees, including advisory committees comprised of administrators,
state nursing regulators, state legislators or their representatives, and consumer
representatives, and other such interested persons;
new text end

new text begin (13) to provide and receive information from, and to cooperate with, law enforcement
agencies;
new text end

new text begin (14) to adopt and use an official seal; and
new text end

new text begin (15) to perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact consistent with the state regulation of nurse licensure and practice.
new text end

new text begin (h) Financing of the commission:
new text end

new text begin (1) the commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities;
new text end

new text begin (2) the commission may also levy on and collect an annual assessment from each party
state to cover the cost of its operations, activities, and staff in its annual budget as approved
each year. The aggregate annual assessment amount, if any, shall be allocated based upon
a formula to be determined by the commission, which shall promulgate a rule that is binding
upon all party states;
new text end

new text begin (3) the commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the commission pledge the credit of any of the party
states, except by, and with the authority of, such party state; and
new text end

new text begin (4) the commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in and become part of the annual
report of the commission.
new text end

new text begin (i) Qualified immunity, defense, and indemnification:
new text end

new text begin (1) the administrators, officers, executive director, employees, and representatives of
the commission shall be immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error, or omission that occurred,
or that the person against whom the claim is made had a reasonable basis for believing
occurred, within the scope of commission employment, duties, or responsibilities; provided
that nothing in this paragraph shall be construed to protect any such person from suit or
liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton
misconduct of that person;
new text end

new text begin (2) the commission shall defend any administrator, officer, executive director, employee,
or representative of the commission in any civil action seeking to impose liability arising
out of any actual or alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that the person against whom the
claim is made had a reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities; provided that nothing herein shall be construed to
prohibit that person from retaining his or her own counsel; and provided further that the
actual or alleged act, error, or omission did not result from that person's intentional, willful,
or wanton misconduct; and
new text end

new text begin (3) the commission shall indemnify and hold harmless any administrator, officer,
executive director, employee, or representative of the commission for the amount of any
settlement or judgment obtained against that person arising out of any actual or alleged act,
error, or omission that occurred within the scope of commission employment, duties, or
responsibilities, or that such person had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities, provided that the actual
or alleged act, error, or omission did not result from the intentional, willful, or wanton
misconduct of that person.
new text end

new text begin ARTICLE VII
new text end

new text begin RULEMAKING
new text end

new text begin (a) The commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this article and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment and shall have the same force
and effect as provisions of this compact.
new text end

new text begin (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of
the commission.
new text end

new text begin (c) Prior to promulgation and adoption of a final rule or rules by the commission, and
at least 60 days in advance of the meeting at which the rule will be considered and voted
upon, the commission shall file a notice of proposed rulemaking:
new text end

new text begin (1) on the Web site of the commission; and
new text end

new text begin (2) on the Web site of each licensing board or the publication in which state would
otherwise publish proposed rules.
new text end

new text begin (d) The notice of proposed rulemaking shall include:
new text end

new text begin (1) the proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
new text end

new text begin (2) the text of the proposed rule or amendment, and the reason for the proposed rule;
new text end

new text begin (3) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (4) the manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing and any written comments.
new text end

new text begin (e) Prior to adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.
new text end

new text begin (f) The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment.
new text end

new text begin (g) The commission shall publish the place, time, and date of the scheduled public
hearing:
new text end

new text begin (1) hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing. All hearings
will be recorded, and a copy will be made available upon request; and
new text end

new text begin (2) nothing in this section shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the commission at hearings required by
this section.
new text end

new text begin (h) If no one appears at the public hearing, the commission may proceed with
promulgation of the proposed rule.
new text end

new text begin (i) Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the commission shall consider all written and oral
comments received.
new text end

new text begin (j) The commission shall, by majority vote of all administrators, take final action on the
proposed rule and shall determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
new text end

new text begin (k) Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule without prior notice, opportunity for comment or hearing, provided
that the usual rulemaking procedures provided in this compact and in this section shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than 90
days after the effective date of the rule. For the purposes of this provision, an emergency
rule is one that must be adopted immediately in order to:
new text end

new text begin (1) meet an imminent threat to public health, safety, or welfare;
new text end

new text begin (2) prevent a loss of commission or party state funds; or
new text end

new text begin (3) meet a deadline for the promulgation of an administrative rule that is required by
federal law or rule.
new text end

new text begin (l) The commission may direct revisions to a previously adopted rule or amendment for
purposes of correcting typographical errors, errors in format, errors in consistency, or
grammatical errors. Public notice of any revisions shall be posted on the Web site of the
commission. The revision shall be subject to challenge by any person for a period of 30
days after posting. The revision may be challenged only on grounds that the revision results
in a material change to a rule. A challenge shall be made in writing, and delivered to the
commission prior to the end of the notice period. If no challenge is made, the revision will
take effect without further action. If the revision is challenged, the revision may not take
effect without the approval of the commission.
new text end

new text begin ARTICLE VIII
new text end

new text begin OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (a) Oversight:
new text end

new text begin (1) each party state shall enforce this compact and take all actions necessary and
appropriate to effectuate this compact's purposes and intent; and
new text end

new text begin (2) the commission shall be entitled to receive service of process in any proceeding that
may affect the powers, responsibilities, or actions of the commission, and shall have standing
to intervene in such a proceeding for all purposes. Failure to provide service of process in
such proceeding to the commission shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
new text end

new text begin (b) Default, technical assistance, and termination:
new text end

new text begin (1) if the commission determines that a party state has defaulted in the performance of
its obligations or responsibilities under this compact or the promulgated rules, the commission
shall:
new text end

new text begin (i) provide written notice to the defaulting state and other party states of the nature of
the default, the proposed means of curing the default or any other action to be taken by the
commission; and
new text end

new text begin (ii) provide remedial training and specific technical assistance regarding the default;
new text end

new text begin (2) if a state in default fails to cure the default, the defaulting state's membership in this
compact may be terminated upon an affirmative vote of a majority of the administrators,
and all rights, privileges, and benefits conferred by this compact may be terminated on the
effective date of termination. A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of default;
new text end

new text begin (3) termination of membership in this compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the commission to the governor of the defaulting state and to the executive
officer of the defaulting state's licensing board and each of the party states;
new text end

new text begin (4) a state whose membership in this compact has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the effective date of termination,
including obligations that extend beyond the effective date of termination;
new text end

new text begin (5) the commission shall not bear any costs related to a state that is found to be in default
or whose membership in this compact has been terminated, unless agreed upon in writing
between the commission and the defaulting state; and
new text end

new text begin (6) the defaulting state may appeal the action of the commission by petitioning the U.S.
District Court for the District of Columbia or the federal district in which the commission
has its principal offices. The prevailing party shall be awarded all costs of such litigation,
including reasonable attorneys' fees.
new text end

new text begin (c) Dispute resolution:
new text end

new text begin (1) upon request by a party state, the commission shall attempt to resolve disputes related
to the compact that arise among party states and between party and nonparty states;
new text end

new text begin (2) the commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes, as appropriate; and
new text end

new text begin (3) in the event the commission cannot resolve disputes among party states arising under
this compact:
new text end

new text begin (i) the party states may submit the issues in dispute to an arbitration panel, which will
be comprised of individuals appointed by the compact administrator in each of the affected
party states and an individual mutually agreed upon by the compact administrators of all
the party states involved in the dispute; and
new text end

new text begin (ii) the decision of a majority of the arbitrators shall be final and binding.
new text end

new text begin (d) Enforcement:
new text end

new text begin (1) the commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact;
new text end

new text begin (2) by majority vote, the commission may initiate legal action in the U.S. District Court
for the District of Columbia or the federal district in which the commission has its principal
offices against a party state that is in default to enforce compliance with the provisions of
this compact and its promulgated rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
party shall be awarded all costs of such litigation, including reasonable attorneys' fees; and
new text end

new text begin (3) the remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
new text end

new text begin ARTICLE IX
new text end

new text begin EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
new text end

new text begin (a) This compact shall become effective and binding on the earlier of the date of
legislative enactment of this compact into law by no less than 26 states or December 31,
2018. All party states to this compact, that also were parties to the prior Nurse Licensure
Compact, superseded by this compact, ("prior compact"), shall be deemed to have withdrawn
from said prior compact within six months after the effective date of this compact.
new text end

new text begin (b) Each party state to this compact shall continue to recognize a nurse's multistate
licensure privilege to practice in that party state issued under the prior compact until such
party state has withdrawn from the prior compact.
new text end

new text begin (c) Any party state may withdraw from this compact by enacting a statute repealing the
same. A party state's withdrawal shall not take effect until six months after enactment of
the repealing statute.
new text end

new text begin (d) A party state's withdrawal or termination shall not affect the continuing requirement
of the withdrawing or terminated state's licensing board to report adverse actions and
significant investigations occurring prior to the effective date of such withdrawal or
termination.
new text end

new text begin (e) Nothing contained in this compact shall be construed to invalidate or prevent any
nurse licensure agreement or other cooperative arrangement between a party state and a
nonparty state that is made in accordance with the other provisions of this compact.
new text end

new text begin (f) This compact may be amended by the party states. No amendment to this compact
shall become effective and binding upon the party states, unless and until it is enacted into
the laws of all party states.
new text end

new text begin (g) Representatives of nonparty states to this compact shall be invited to participate in
the activities of the commission, on a nonvoting basis, prior to the adoption of this compact
by all states.
new text end

new text begin ARTICLE X
new text end

new text begin CONSTRUCTION AND SEVERABILITY
new text end

new text begin This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision
of this compact is declared to be contrary to the constitution of any party state or of the
United States, or if the applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person, or circumstance shall not be affected
thereby. If this compact shall be held to be contrary to the constitution of any party state,
this compact shall remain in full force and effect as to the remaining party states and in full
force and effect as to the party state affected as to all severable matters.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon implementation of the coordinated
licensure information system defined in Minnesota Statutes, section 148.2855, article V,
but no sooner than July 1, 2019.
new text end

Sec. 6.

new text begin [148.2856] APPLICATION OF NURSE LICENSURE COMPACT TO
EXISTING LAWS.
new text end

new text begin (a) Section 148.2855 does not relieve employers of nurses from complying with statutorily
imposed obligations.
new text end

new text begin (b) Section 148.2855 does not supersede existing state labor laws.
new text end

new text begin (c) For purposes of the Minnesota Government Data Practices Act, chapter 13, an
individual not licensed as a nurse under sections 148.171 to 148.285 who practices
professional or practical nursing in Minnesota under the authority of section 148.2855 is
considered to be a licensee of the board.
new text end

new text begin (d) Proceedings brought against an individual's multistate privilege shall be adjudicated
following the procedures listed in sections 14.50 to 14.62 and shall be subject to judicial
review as provided for in sections 14.63 to 14.69.
new text end

new text begin (e) The reporting requirements of sections 144.4175, 148.263, 626.52, and 626.557
apply to individuals not licensed as registered or licensed practical nurses under sections
148.171 to 148.285 who practice professional or practical nursing in Minnesota under the
authority of section 148.2855.
new text end

new text begin (f) The board may take action against an individual's multistate privilege based on the
grounds listed in section 148.261, subdivision 1, and any other statute authorizing or requiring
the board to take corrective or disciplinary action.
new text end

new text begin (g) The board may take all forms of disciplinary action provided for in section 148.262,
subdivision 1, and corrective action provided for in section 214.103, subdivision 6, against
an individual's multistate privilege.
new text end

new text begin (h) The immunity provisions of section 148.264, subdivision 1, apply to individuals who
practice professional or practical nursing in Minnesota under the authority of section
148.2855.
new text end

new text begin (i) The cooperation requirements of section 148.265 apply to individuals who practice
professional or practical nursing in Minnesota under the authority of section 148.2855.
new text end

new text begin (j) The provisions of section 148.283 shall not apply to individuals who practice
professional or practical nursing in Minnesota under the authority of section 148.2855.
new text end

new text begin (k) Complaints against individuals who practice professional or practical nursing in
Minnesota under the authority of section 148.2855 shall be handled as provided in sections
214.10 and 214.103.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon implementation of the coordinated
licensure information system defined in Minnesota Statutes, section 148.2855, article V,
but no sooner than July 1, 2019.
new text end

Sec. 7.

new text begin [148.2858] MISCELLANEOUS PROVISIONS.
new text end

new text begin (a) For the purposes of section 148.2855, "head of the Nurse Licensing Board" means
the executive director of the board.
new text end

new text begin (b) The Board of Nursing shall have the authority to recover from a nurse practicing
professional or practical nursing in Minnesota under the authority of section 148.2855 the
costs of investigation and disposition of cases resulting from any adverse action taken against
the nurse.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon implementation of the coordinated
licensure information system defined in Minnesota Statutes, section 148.2855, article V,
but no sooner than July 1, 2019.
new text end

Sec. 8.

Minnesota Statutes 2016, section 148.59, is amended to read:


148.59 LICENSE RENEWAL; LICENSE AND REGISTRATION FEES.

A licensed optometrist shall pay to the state Board of Optometry a fee as set by the board
in order to renew a license as provided by board rule. No fees shall be refunded. Fees may
not exceed the following amounts but may be adjusted lower by board direction and are for
the exclusive use of the board:

(1) optometry licensure application, $160;

(2) optometry annual licensure renewal, deleted text begin$135deleted text endnew text begin $170new text end;

(3) optometry late penalty fee, $75;

(4) annual license renewal card, $10;

(5) continuing education provider application, $45;

(6) emeritus registration, $10;

(7) endorsement/reciprocity application, $160;

(8) replacement of initial license, $12; deleted text beginand
deleted text end

(9) license verification, $50deleted text begin.deleted text endnew text begin;
new text end

new text begin (10) jurisprudence state examination, $75;
new text end

new text begin (11) Optometric Education Continuing Education data bank registration, $20; and
new text end

new text begin (12) data requests and labels, $50.
new text end

Sec. 9.

Minnesota Statutes 2016, section 148E.180, is amended to read:


148E.180 FEE AMOUNTS.

Subdivision 1.

Application fees.

new text beginNonrefundable new text endapplication fees for licensure deleted text beginare as
follows
deleted text endnew text begin may not exceed the following amounts but may be adjusted lower by board actionnew text end:

(1) for a licensed social worker, deleted text begin$45deleted text endnew text begin $75new text end;

(2) for a licensed graduate social worker, deleted text begin$45deleted text endnew text begin $75new text end;

(3) for a licensed independent social worker, deleted text begin$45deleted text endnew text begin $75new text end;

(4) for a licensed independent clinical social worker, deleted text begin$45deleted text endnew text begin $75new text end;

(5) for a temporary license, $50; and

(6) for a licensure by endorsement, deleted text begin$85deleted text endnew text begin $115new text end.

The fee for criminal background checks is the fee charged by the Bureau of Criminal
Apprehension. The criminal background check fee must be included with the application
fee as required according to section 148E.055.

Subd. 2.

License fees.

new text beginNonrefundable new text endlicense fees deleted text beginare as followsdeleted text endnew text begin may not exceed the
following amounts but may be adjusted lower by board action
new text end:

(1) for a licensed social worker, deleted text begin$81deleted text endnew text begin $115new text end;

(2) for a licensed graduate social worker, deleted text begin$144deleted text endnew text begin $210new text end;

(3) for a licensed independent social worker, deleted text begin$216deleted text endnew text begin $305new text end;

(4) for a licensed independent clinical social worker, deleted text begin$238.50deleted text endnew text begin $335new text end;

(5) for an emeritus inactive license, deleted text begin$43.20deleted text endnew text begin $65new text end;

(6) for an emeritus active license, one-half of the renewal fee specified in subdivision
3; and

(7) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.

If the licensee's initial license term is less or more than 24 months, the required license
fees must be prorated proportionately.

Subd. 3.

Renewal fees.

new text beginNonrefundable new text endrenewal fees for deleted text beginlicensure are as followsdeleted text endnew text begin the
two-year renewal term may not exceed the following amounts but may be adjusted lower
by board action
new text end:

(1) for a licensed social worker, deleted text begin$81deleted text endnew text begin $115new text end;

(2) for a licensed graduate social worker, deleted text begin$144deleted text endnew text begin $210new text end;

(3) for a licensed independent social worker, deleted text begin$216deleted text endnew text begin $305new text end; and

(4) for a licensed independent clinical social worker, deleted text begin$238.50deleted text endnew text begin $335new text end.

Subd. 4.

Continuing education provider fees.

Continuing education provider fees are
deleted text begin as followsdeleted text endnew text begin the following nonrefundable amountsnew text end:

(1) for a provider who offers programs totaling one to eight clock hours in a one-year
period according to section 148E.145, $50;

(2) for a provider who offers programs totaling nine to 16 clock hours in a one-year
period according to section 148E.145, $100;

(3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year period
according to section 148E.145, $200;

(4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year period
according to section 148E.145, $400; and

(5) for a provider who offers programs totaling 49 or more clock hours in a one-year
period according to section 148E.145, $600.

Subd. 5.

Late fees.

Late fees are deleted text beginas followsdeleted text endnew text begin the following nonrefundable amountsnew text end:

(1) renewal late fee, one-fourth of the renewal fee specified in subdivision 3;

(2) supervision plan late fee, $40; and

(3) license late fee, $100 plus the prorated share of the license fee specified in subdivision
2 for the number of months during which the individual practiced social work without a
license.

Subd. 6.

License cards and wall certificates.

(a) The fee for a license card as specified
in section 148E.095 is $10.

(b) The fee for a license wall certificate as specified in section 148E.095 is $30.

Subd. 7.

Reactivation fees.

Reactivation fees are deleted text beginas followsdeleted text endnew text begin the following nonrefundable
amounts
new text end:

(1) reactivation from a temporary leave or emeritus status, the prorated share of the
renewal fee specified in subdivision 3; and

(2) reactivation of an expired license, 1-1/2 times the renewal fees specified in subdivision
3.

Sec. 10.

Minnesota Statutes 2016, section 150A.06, subdivision 1a, is amended to read:


Subd. 1a.

Faculty dentists.

(a) Faculty members of a school of dentistry must be licensed
in order to practice dentistry as defined in section 150A.05. The board may issue to members
of the faculty of a school of dentistry a license designated as either a "limited faculty license"
or a "full faculty license" entitling the holder to practice dentistry within the terms described
in paragraph (b) or (c). The dean of a school of dentistry and program directors of a
Minnesota dental hygienenew text begin, dental therapy,new text end or dental assisting school accredited by the
Commission on Dental Accreditation shall certify to the board those members of the school's
faculty who practice dentistry but are not licensed to practice dentistry in Minnesota. A
faculty member who practices dentistry as defined in section 150A.05, before beginning
duties in a school of dentistry deleted text beginor adeleted text endnew text begin, dental therapy,new text end dental hygienenew text begin,new text end or dental assisting deleted text beginschool,deleted text end
shall apply to the board for a limited or full faculty license. Pursuant to Minnesota Rules,
chapter 3100, and at the discretion of the board, a limited faculty license must be renewed
annually and a full faculty license must be renewed biennially. The faculty applicant shall
pay a nonrefundable fee set by the board for issuing and renewing the faculty license. The
faculty license is valid during the time the holder remains a member of the faculty of a
school of dentistry deleted text beginor adeleted text endnew text begin, dental therapy,new text end dental hygienenew text begin,new text end or dental assisting deleted text beginschooldeleted text end and subjects
the holder to this chapter.

(b) The board may issue to dentist members of the faculty of a Minnesota school of
dentistry, new text begindental therapy, new text enddental hygiene, or dental assisting accredited by the Commission
on Dental Accreditation, a license designated as a limited faculty license entitling the holder
to practice dentistry within the school and its affiliated teaching facilities, but only for the
purposes of teaching or conducting research. The practice of dentistry at a school facility
for purposes other than teaching or research is not allowed unless the dentist was a faculty
member on August 1, 1993.

(c) The board may issue to dentist members of the faculty of a Minnesota school of
dentistry, new text begindental therapy, new text enddental hygiene, or dental assisting accredited by the Commission
on Dental Accreditation a license designated as a full faculty license entitling the holder to
practice dentistry within the school and its affiliated deleted text beginteachingdeleted text end facilities deleted text beginand elsewheredeleted text end if the
holder of the license is employed deleted text begin50 percent time or moredeleted text endnew text begin full timenew text end by the school in the
practice of teachingnew text begin, supervising,new text end or research, and upon successful review by the board of
the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule. The
board, at its discretion, may waive specific licensing prerequisites.

Sec. 11.

Minnesota Statutes 2016, section 150A.06, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Emeritus inactive license. new text end

new text begin (a) A dental professional licensed under this chapter
to practice dentistry, dental therapy, dental hygiene, or dental assisting who retires from
active practice in the state may apply to the board for an emeritus inactive license. An
applicant must apply for an emeritus inactive license on the biennial licensing form or by
petitioning the board.
new text end

new text begin (b) The board shall not grant an emeritus inactive license to an applicant who is the
subject of a disciplinary action resulting in the current suspension, revocation,
disqualification, condition, or restriction of the applicant's license to practice dentistry,
dental therapy, dental hygiene, or dental assisting.
new text end

new text begin (c) An emeritus inactive licensee is prohibited from practicing dentistry, dental therapy,
dental hygiene, or dental assisting. An emeritus inactive license is a formal recognition of
completion of the licensee's dental career in good standing.
new text end

new text begin (d) The board shall charge a onetime fee for issuance of an emeritus inactive license,
pursuant to section 150A.091.
new text end

Sec. 12.

Minnesota Statutes 2016, section 150A.06, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Emeritus active license. new text end

new text begin (a) A dental professional licensed to practice dentistry,
dental therapy, dental hygiene, or dental assisting, pursuant to section 150A.05 and Minnesota
Rules, part 3100.8500, who declares retirement from active practice in the state may apply
to the board for an emeritus active license. An applicant must apply for an emeritus active
license on a form as required by the board.
new text end

new text begin (b) An emeritus active licensee may engage only in pro bono or volunteer practice, paid
practice not to exceed 240 hours per calendar year for the purpose of providing license
supervision to meet board requirements, and paid consulting services not to exceed 240
hours per calendar year.
new text end

new text begin (c) An emeritus active licensee is prohibited from representing that the licensee is
authorized to engage in any practice except as provided in paragraph (b). The board may
take disciplinary or corrective action against an emeritus active licensee as provided in
section 150A.08.
new text end

new text begin (d) An emeritus active license must be renewed biennially. The renewal requirements
for an emeritus active license are:
new text end

new text begin (1) completion of a renewal form as required by the board;
new text end

new text begin (2) payment of a renewal fee pursuant to section 150A.091; and
new text end

new text begin (3) reporting of 25 completed continuing education hours, which must include:
new text end

new text begin (i) courses in two required CORE areas;
new text end

new text begin (ii) one hour of credit on infection control;
new text end

new text begin (iii) for emeritus active licenses in dentistry and dental therapy, at least 15 fundamental
credits and no more than ten elective credits; and
new text end

new text begin (iv) for emeritus active licenses in dental hygiene and dental assisting, at least seven
fundamental credits and no more than six elective credits.
new text end

Sec. 13.

Minnesota Statutes 2016, section 150A.091, is amended by adding a subdivision
to read:


new text begin Subd. 19. new text end

new text begin Emeritus inactive license. new text end

new text begin Each applicant shall submit with an application
for an emeritus inactive license a onetime, nonrefundable fee in the amount of $50.
new text end

Sec. 14.

Minnesota Statutes 2016, section 150A.091, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin Emeritus active license. new text end

new text begin Each applicant shall submit with an application for
an emeritus inactive license, and each emeritus active licensee shall submit with a renewal
application, a nonrefundable fee as follows:
new text end

new text begin (1) for an emeritus active license in dentistry, $212;
new text end

new text begin (2) for an emeritus active license in dental therapy, $100;
new text end

new text begin (3) for an emeritus active license in dental hygiene, $75; and
new text end

new text begin (4) for an emeritus active license in dental assisting, $55.
new text end

Sec. 15.

Minnesota Statutes 2016, section 151.15, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Receipt of emergency prescription orders. new text end

new text begin A pharmacist, when that pharmacist
is not present within a licensed pharmacy, may accept a written, verbal, or electronic
prescription drug order from a practitioner only if:
new text end

new text begin (1) the prescription drug order is for an emergency situation where waiting for the
licensed pharmacy from which the prescription will be dispensed to open would likely cause
the patient to experience significant physical harm or discomfort;
new text end

new text begin (2) the pharmacy from which the prescription drug order will be dispensed is closed for
business;
new text end

new text begin (3) the pharmacist has been designated to be on call for the licensed pharmacy that will
fill the prescription drug order;
new text end

new text begin (4) in the case of an electronic prescription drug order, the order must be received through
secure and encrypted electronic means;
new text end

new text begin (5) the pharmacist takes reasonable precautions to ensure that the prescription drug order
will be handled in a manner consistent with federal and state statutes regarding the handling
of protected health information; and
new text end

new text begin (6) the pharmacy from which the prescription drug order will be dispensed has relevant
and appropriate policies and procedures in place and makes them available to the board
upon request.
new text end

Sec. 16.

Minnesota Statutes 2016, section 151.15, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Processing of emergency prescription orders. new text end

new text begin A pharmacist, when that
pharmacist is not present within a licensed pharmacy, may access a pharmacy prescription
processing system through secure and encrypted electronic means in order to process an
emergency prescription accepted pursuant to subdivision 5 only if:
new text end

new text begin (1) the pharmacy from which the prescription drug order will be dispensed is closed for
business;
new text end

new text begin (2) the pharmacist has been designated to be on call for the licensed pharmacy that will
fill the prescription drug order;
new text end

new text begin (3) the prescription drug order is for a patient of a long-term care facility or a county
correctional facility;
new text end

new text begin (4) the prescription drug order is processed pursuant to this chapter and rules adopted
under this chapter; and
new text end

new text begin (5) the pharmacy from which the prescription drug order will be dispensed has relevant
and appropriate policies and procedures in place and makes them available to the board
upon request.
new text end

Sec. 17.

Minnesota Statutes 2016, section 151.19, subdivision 1, is amended to read:


Subdivision 1.

Pharmacy licensure requirements.

(a) No person shall operate a
pharmacy without first obtaining a license from the board and paying any applicable fee
specified in section 151.065. The license shall be displayed in a conspicuous place in the
pharmacy for which it is issued and expires on June 30 following the date of issue. It is
unlawful for any person to operate a pharmacy unless the license has been issued to the
person by the board.

(b) Application for a pharmacy license under this section shall be made in a manner
specified by the board.

(c) No license shall be issued or renewed for a pharmacy located within the state unless
the applicant agrees to operate the pharmacy in a manner prescribed by federal and state
law and according to rules adopted by the board. No license shall be issued for a pharmacy
located outside of the state unless the applicant agrees to operate the pharmacy in a manner
prescribed by federal law and, when dispensing medications for residents of this state, the
laws of this state, and Minnesota Rules.

(d) No license shall be issued or renewed for a pharmacy that is required to be licensed
or registered by the state in which it is physically located unless the applicant supplies the
board with proof of such licensure or registration.

(e) The board shall require a separate license for each pharmacy located within the state
and for each pharmacy located outside of the state at which any portion of the dispensing
process occurs for drugs dispensed to residents of this state.

(f) The board shall not issue an initial or renewed license for a pharmacy unless the
pharmacy passes an inspection conducted by an authorized representative of the board. In
the case of a pharmacy located outside of the state, the board may require the applicant to
pay the cost of the inspection, in addition to the license fee in section 151.065, unless the
applicant furnishes the board with a report, issued by the appropriate regulatory agency of
the state in which the facility is located, of an inspection that has occurred within the 24
months immediately preceding receipt of the license application by the board. The board
may deny licensure unless the applicant submits documentation satisfactory to the board
that any deficiencies noted in an inspection report have been corrected.

(g) The board shall not issue an initial or renewed license for a pharmacy located outside
of the state unless the applicant discloses and certifies:

(1) the location, names, and titles of all principal corporate officers and all pharmacists
who are involved in dispensing drugs to residents of this state;

(2) that it maintains its records of drugs dispensed to residents of this state so that the
records are readily retrievable from the records of other drugs dispensed;

(3) that it agrees to cooperate with, and provide information to, the board concerning
matters related to dispensing drugs to residents of this state;

(4) that, during its regular hours of operation, but no less than six days per week, for a
minimum of 40 hours per week, a toll-free telephone service is provided to facilitate
communication between patients in this state and a pharmacist at the pharmacy who has
access to the patients' records; the toll-free number must be disclosed on the label affixed
to each container of drugs dispensed to residents of this state; and

(5) that, upon request of a resident of a long-term care facility located in this state, the
resident's authorized representative, or a contract pharmacy or licensed health care facility
acting on behalf of the resident, the pharmacy will dispense medications prescribed for the
resident in unit-dose packaging or, alternatively, comply with section 151.415, subdivision
5
.

new text begin (h) This subdivision does not apply to a manufacturer licensed under section 151.252,
subdivision 1, a wholesale drug distributor licensed under section 151.47, or a third-party
logistics provider, to the extent the manufacturer, wholesale drug distributor, or third-party
logistics provider is engaged in the distribution of dialysate or devices necessary to perform
home peritoneal dialysis on patients with end-stage renal disease, if:
new text end

new text begin (1) the manufacturer or its agent leases or owns the licensed manufacturing or wholesaling
facility from which the dialysate or devices will be delivered;
new text end

new text begin (2) the dialysate is comprised of dextrose or icodextrin and has been approved by the
United States Food and Drug Administration;
new text end

new text begin (3) the dialysate is stored and delivered in its original, sealed, and unopened
manufacturer's packaging;
new text end

new text begin (4) the dialysate or devices are delivered only upon:
new text end

new text begin (i) receipt of a physician's order by a Minnesota licensed pharmacy; and
new text end

new text begin (ii) the review and processing of the prescription by a pharmacist licensed by the state
in which the pharmacy is located, who is employed by or under contract to the pharmacy;
new text end

new text begin (5) prescriptions, policies, procedures, and records of delivery are maintained by the
manufacturer for a minimum of three years and are made available to the board upon request;
and
new text end

new text begin (6) the manufacturer or the manufacturer's agent delivers the dialysate or devices directly
to:
new text end

new text begin (i) a patient with end-stage renal disease for whom the prescription was written or the
patient's designee, for the patient's self-administration of the dialysis therapy; or
new text end

new text begin (ii) a health care provider or institution, for administration or delivery of the dialysis
therapy to a patient with end-stage renal disease for whom the prescription was written.
new text end

Sec. 18.

Minnesota Statutes 2016, section 151.46, is amended to read:


151.46 PROHIBITED DRUG PURCHASES OR RECEIPT.

It is unlawful for any person to knowingly purchase or receive a prescription drug from
a source other than a person or entity licensed under the laws of the state, except where
otherwise provided. Licensed wholesale drug distributors other than pharmacies shall not
dispense or distribute prescription drugs directly to patientsnew text begin except for licensed facilities
that dispense or distribute home peritoneal dialysis products directly to patients pursuant
to section 151.19, subdivision 1, paragraph (h)
new text end. A person violating the provisions of this
section is guilty of a misdemeanor.

Sec. 19.

Minnesota Statutes 2016, section 214.075, subdivision 1, is amended to read:


Subdivision 1.

Applications.

(a) deleted text beginBy January 1, 2018,deleted text end Each health-related licensing
board, as defined in section 214.01, subdivision 2, shall require deleted text beginapplicants for initial licensure,
licensure by endorsement, or reinstatement or other relicensure after a lapse in licensure,
as defined by the individual health-related licensing boards,
deleted text endnew text begin the following individualsnew text end to
submit to a criminal history records check of state data completed by the Bureau of Criminal
Apprehension (BCA) and a national criminal history records check, including a search of
the records of the Federal Bureau of Investigation (FBI)deleted text begin.deleted text endnew text begin:
new text end

new text begin (1) applicants for initial licensure or licensure by endorsement. An applicant is exempt
from this paragraph if the applicant submitted to a state and national criminal history records
check as described in this paragraph for a license issued by the same board;
new text end

new text begin (2) applicants seeking reinstatement or relicensure, as defined by the individual
health-related licensing board, if more than one year has elapsed since the applicant's license
or registration expiration date; or
new text end

new text begin (3) licensees applying for eligibility to participate in an interstate licensure compact.
new text end

(b) deleted text beginAn applicant must complete a criminal background check if more than one year has
elapsed since the applicant last submitted a background check to the board.
deleted text endnew text begin An applicant's
criminal background check results are valid for one year from the date the background check
results were received by the board. If more than one year has elapsed since the results were
received by the board, then an applicant who has not completed the licensure, reinstatement,
or relicensure process must complete a new background check.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2016, section 214.075, subdivision 4, is amended to read:


Subd. 4.

Refusal to consent.

(a) The health-related licensing boards shall not issue a
license to any applicant who refuses to consent to a criminal background check or fails to
submit fingerprints deleted text beginwithin 90 daysdeleted text end after submission of an application for licensure. Any
fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent
to the criminal background check or fails to submit the required fingerprints.

(b) The failure of a licensee to submit to a criminal background check as provided in
subdivision 3 is grounds for disciplinary action by the respective health-related licensing
board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2016, section 214.075, subdivision 5, is amended to read:


Subd. 5.

Submission of fingerprints to the Bureau of Criminal Apprehension.

The
health-related licensing board or designee shall submit applicant or licensee fingerprints to
the BCA. The BCA shall perform a check for state criminal justice information and shall
forward the applicant's or licensee's fingerprints to the FBI to perform a check for national
criminal justice information regarding the applicant or licensee. The BCA shall report to
the board the results of the state and national criminal deleted text beginjustice informationdeleted text endnew text begin history recordsnew text end
checks.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22.

Minnesota Statutes 2016, section 214.075, subdivision 6, is amended to read:


Subd. 6.

Alternatives to fingerprint-based criminal background checks.

The
health-related licensing board may require an alternative method of criminal history checks
for an applicant or licensee who has submitted at least deleted text beginthreedeleted text endnew text begin twonew text end sets of fingerprints in
accordance with this section that have been unreadable by the BCA or the FBI.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

Minnesota Statutes 2016, section 214.077, is amended to read:


214.077 TEMPORARY LICENSE SUSPENSION; IMMINENT RISK OF SERIOUS
HARM.

(a) Notwithstanding any provision of a health-related professional practice act, when a
health-related licensing board receives a complaint regarding a regulated person and has
probable cause to believe that the regulated person has violated a statute or rule that the
health-related licensing board is empowered to enforce, and continued practice by the
regulated person presents an imminent risk of serious harm, the health-related licensing
board shall issue an order temporarily suspending the regulated person's authority to practice.
The temporary suspension order shall specify the reason for the suspension, including the
statute or rule alleged to have been violated. The temporary suspension order shall take
effect upon personal service on the regulated person or the regulated person's attorney, or
upon the third calendar day after the order is served by first class mail to the most recent
address provided to the health-related licensing board for the regulated person or the regulated
person's attorney.

(b) The temporary suspension shall remain in effect until the health-related licensing
board or the commissioner completes an investigation, holds a contested case hearing
pursuant to the Administrative Procedure Act, and issues a final order in the matter as
provided for in this section.

(c) At the time it issues the temporary suspension order, the health-related licensing
board shall schedule a contested case hearing, on the merits of whether discipline is
warranted, to be held pursuant to the Administrative Procedure Act. The regulated person
shall be provided with at least ten days' notice of any contested case hearing held pursuant
to this section. The contested case hearing shall be scheduled to begin no later than 30 days
after the effective service of the temporary suspension order.

(d) The administrative law judge presiding over the contested case hearing shall issue
a report and recommendation to the health-related licensing board no later than 30 days
after the final day of the contested case hearing.new text begin If the administrative law judge's report and
recommendations are for no action,
new text end the health-related licensing board shall issue a final
order pursuant to sections 14.61 and 14.62 within 30 days of receipt of the administrative
law judge's report and recommendations.new text begin If the administrative law judge's report and
recommendations are for action, the health-related licensing board shall issue a final order
pursuant to sections 14.61 and 14.62 within 60 days of receipt of the administrative law
judge's report and recommendations.
new text end Except as provided in paragraph (e), if the health-related
licensing board has not issued a final order pursuant to sections 14.61 and 14.62 within 30
days of receipt of the administrative law judge's report and recommendationsnew text begin for no action
or within 60 days of receipt of the administrative law judge's report and recommendations
for action
new text end, the temporary suspension shall be lifted.

(e) If the regulated person requests a delay in the contested case proceedings provided
for in paragraphs (c) and (d) for any reason, the temporary suspension shall remain in effect
until the health-related licensing board issues a final order pursuant to sections 14.61 and
14.62.

(f) This section shall not apply to the Office of Unlicensed Complementary and
Alternative Health Practice established under section 146A.02. The commissioner of health
shall conduct temporary suspensions for complementary and alternative health care
practitioners in accordance with section 146A.09.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 24.

Minnesota Statutes 2016, section 214.10, subdivision 8, is amended to read:


Subd. 8.

Special requirements for health-related licensing boards.

In addition to the
provisions of this section that apply to all examining and licensing boards, the requirements
in this subdivision apply to all health-related licensing boards, except the Board of Veterinary
Medicine.

(a) If the executive director or consulted board member determines that a communication
received alleges a violation of statute or rule that involves sexual contact with a patient or
client, the communication shall be forwarded to the designee of the attorney general for an
investigation of the facts alleged in the communication. If, after an investigation it is the
opinion of the executive director or consulted board member that there is sufficient evidence
to justify disciplinary action, the board shall conduct a disciplinary conference or hearing.
If, after a hearing or disciplinary conference the board determines that misconduct involving
sexual contact with a patient or client occurred, the board shall take disciplinary action.
Notwithstanding subdivision 2, a board may not attempt to correct improper activities or
redress grievances through education, conciliation, and persuasion, unless in the opinion of
the executive director or consulted board member there is insufficient evidence to justify
disciplinary action. The board may settle a case by stipulation prior to, or during, a hearing
if the stipulation provides for disciplinary action.

(b) A board member who has a direct current or former financial connection or
professional relationship to a person who is the subject of board disciplinary activities must
not participate in board activities relating to that case.

(c) Each health-related licensing board shall establish procedures for exchanging
information with other Minnesota state boards, agencies, and departments responsible for
regulating health-related occupations, facilities, and programs, and for coordinating
investigations involving matters within the jurisdiction of more than one regulatory body.
The procedures must provide for the forwarding to other regulatory bodies of all information
and evidence, including the results of investigations, that are relevant to matters within that
licensing body's regulatory jurisdiction. Each health-related licensing board shall have access
to any data of the Department of Human Services relating to a person subject to the
jurisdiction of the licensing board. The data shall have the same classification under chapter
13, the Minnesota Government Data Practices Act, in the hands of the agency receiving the
data as it had in the hands of the Department of Human Services.

(d) Each health-related licensing board shall establish procedures for exchanging
information with other states regarding disciplinary actions against licensees. The procedures
must provide for the collection of information from other states about disciplinary actions
taken against persons who are licensed to practice in Minnesota or who have applied to be
licensed in this state and the dissemination of information to other states regarding
disciplinary actions taken in Minnesota. In addition to any authority in chapter 13 permitting
the dissemination of data, the board may, in its discretion, disseminate data to other states
regardless of its classification under chapter 13. new text beginCriminal history record information shall
not be exchanged.
new text endBefore transferring any data that is not public, the board shall obtain
reasonable assurances from the receiving state that the data will not be made public.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 25.

Minnesota Statutes 2016, section 214.12, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Opioid and controlled substances prescribing. new text end

new text begin (a) The Board of Medical
Practice, the Board of Nursing, the Board of Dentistry, the Board of Optometry, and the
Board of Podiatric Medicine shall require that licensees with the authority to prescribe
controlled substances obtain at least two hours of continuing education credit on best practices
in prescribing opioids and controlled substances, as part of the continuing education
requirements for licensure renewal. Licensees shall not be required to complete more than
two credit hours of continuing education on best practices in prescribing opioids and
controlled substances before this subdivision expires. Continuing education credit on best
practices in prescribing opioids and controlled substances must meet board requirements.
new text end

new text begin (b) This subdivision expires January 1, 2023.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 26.

Minnesota Statutes 2017 Supplement, section 245G.22, subdivision 2, is amended
to read:


Subd. 2.

Definitions.

(a) For purposes of this section, the terms defined in this subdivision
have the meanings given them.

(b) "Diversion" means the use of a medication for the treatment of opioid addiction being
diverted from intended use of the medication.

(c) "Guest dose" means administration of a medication used for the treatment of opioid
addiction to a person who is not a client of the program that is administering or dispensing
the medication.

(d) "Medical director" means a physician licensed to practice medicine in the jurisdiction
that the opioid treatment program is located who assumes responsibility for administering
all medical services performed by the program, either by performing the services directly
or by delegating specific responsibility to new text begin(1) new text endauthorized program physicians deleted text beginanddeleted text endnew text begin; (2)
advanced practice registered nurses, when approved by variance by the State Opioid
Treatment Authority under section 254A.03 and the federal Substance Abuse and Mental
Health Services Administration; or (3)
new text end health care professionals functioning under the
medical director's direct supervision.

(e) "Medication used for the treatment of opioid use disorder" means a medication
approved by the Food and Drug Administration for the treatment of opioid use disorder.

(f) "Minnesota health care programs" has the meaning given in section 256B.0636.

(g) "Opioid treatment program" has the meaning given in Code of Federal Regulations,
title 42, section 8.12, and includes programs licensed under this chapter.

(h) "Placing authority" has the meaning given in Minnesota Rules, part 9530.6605,
subpart 21a.

(i) "Unsupervised use" means the use of a medication for the treatment of opioid use
disorder dispensed for use by a client outside of the program setting.

Sec. 27.

Minnesota Statutes 2016, section 256.975, subdivision 7b, is amended to read:


Subd. 7b.

Exemptions and emergency admissions.

(a) Exemptions from the federal
screening requirements outlined in subdivision 7a, paragraphs (b) and (c), are limited to:

(1) a person who, having entered an acute care facility from a certified nursing facility,
is returning to a certified nursing facility; or

(2) a person transferring from one certified nursing facility in Minnesota to another
certified nursing facility in Minnesota.

(b) Persons who are exempt from preadmission screening for purposes of level of care
determination include:

(1) persons described in paragraph (a);

(2) an individual who has a contractual right to have nursing facility care paid for
indefinitely by the Veterans Administration;

(3) an individual enrolled in a demonstration project under section 256B.69, subdivision
8, at the time of application to a nursing facility; and

(4) an individual currently being served under the alternative care program or under a
home and community-based services waiver authorized under section 1915(c) of the federal
Social Security Act.

(c) Persons admitted to a Medicaid-certified nursing facility from the community on an
emergency basis as described in paragraph (d) or from an acute care facility on a nonworking
day must be screened the first working day after admission.

(d) Emergency admission to a nursing facility prior to screening is permitted when all
of the following conditions are met:

(1) a person is admitted from the community to a certified nursing or certified boarding
care facility during Senior LinkAge Line nonworking hours;

(2) a physician new text beginor advanced practice registered nurse new text endhas determined that delaying
admission until preadmission screening is completed would adversely affect the person's
health and safety;

(3) there is a recent precipitating event that precludes the client from living safely in the
community, such as sustaining an injury, sudden onset of acute illness, or a caregiver's
inability to continue to provide care;

(4) the attending physician new text beginor advanced practice registered nurse new text endhas authorized the
emergency placement and has documented the reason that the emergency placement is
recommended; and

(5) the Senior LinkAge Line is contacted on the first working day following the
emergency admission.

Transfer of a patient from an acute care hospital to a nursing facility is not considered
an emergency except for a person who has received hospital services in the following
situations: hospital admission for observation, care in an emergency room without hospital
admission, or following hospital 24-hour bed care and from whom admission is being sought
on a nonworking day.

(e) A nursing facility must provide written information to all persons admitted regarding
the person's right to request and receive long-term care consultation services as defined in
section 256B.0911, subdivision 1a. The information must be provided prior to the person's
discharge from the facility and in a format specified by the commissioner.

Sec. 28.

Minnesota Statutes 2016, section 256B.0575, subdivision 1, is amended to read:


Subdivision 1.

Income deductions.

When an institutionalized person is determined
eligible for medical assistance, the income that exceeds the deductions in paragraphs (a)
and (b) must be applied to the cost of institutional care.

(a) The following amounts must be deducted from the institutionalized person's income
in the following order:

(1) the personal needs allowance under section 256B.35 or, for a veteran who does not
have a spouse or child, or a surviving spouse of a veteran having no child, the amount of
an improved pension received from the veteran's administration not exceeding $90 per
month;

(2) the personal allowance for disabled individuals under section 256B.36;

(3) if the institutionalized person has a legally appointed guardian or conservator, five
percent of the recipient's gross monthly income up to $100 as reimbursement for guardianship
or conservatorship services;

(4) a monthly income allowance determined under section 256B.058, subdivision 2, but
only to the extent income of the institutionalized spouse is made available to the community
spouse;

(5) a monthly allowance for children under age 18 which, together with the net income
of the children, would provide income equal to the medical assistance standard for families
and children according to section 256B.056, subdivision 4, for a family size that includes
only the minor children. This deduction applies only if the children do not live with the
community spouse and only to the extent that the deduction is not included in the personal
needs allowance under section 256B.35, subdivision 1, as child support garnished under a
court order;

(6) a monthly family allowance for other family members, equal to one-third of the
difference between 122 percent of the federal poverty guidelines and the monthly income
for that family member;

(7) reparations payments made by the Federal Republic of Germany and reparations
payments made by the Netherlands for victims of Nazi persecution between 1940 and 1945;

(8) all other exclusions from income for institutionalized persons as mandated by federal
law; and

(9) amounts for reasonable expenses, as specified in subdivision 2, incurred for necessary
medical or remedial care for the institutionalized person that are recognized under state law,
not medical assistance covered expenses, and not subject to payment by a third party.

For purposes of clause (6), "other family member" means a person who resides with the
community spouse and who is a minor or dependent child, dependent parent, or dependent
sibling of either spouse. "Dependent" means a person who could be claimed as a dependent
for federal income tax purposes under the Internal Revenue Code.

(b) Income shall be allocated to an institutionalized person for a period of up to three
calendar months, in an amount equal to the medical assistance standard for a family size of
one if:

(1) a physician new text beginor advanced practice registered nurse new text endcertifies that the person is expected
to reside in the long-term care facility for three calendar months or less;

(2) if the person has expenses of maintaining a residence in the community; and

(3) if one of the following circumstances apply:

(i) the person was not living together with a spouse or a family member as defined in
paragraph (a) when the person entered a long-term care facility; or

(ii) the person and the person's spouse become institutionalized on the same date, in
which case the allocation shall be applied to the income of one of the spouses.

For purposes of this paragraph, a person is determined to be residing in a licensed nursing
home, regional treatment center, or medical institution if the person is expected to remain
for a period of one full calendar month or more.

Sec. 29.

Minnesota Statutes 2016, section 256B.0595, subdivision 3, is amended to read:


Subd. 3.

Homestead exception to transfer prohibition.

(a) An institutionalized person
is not ineligible for long-term care services due to a transfer of assets for less than fair market
value if the asset transferred was a homestead and:

(1) title to the homestead was transferred to the individual's:

(i) spouse;

(ii) child who is under age 21;

(iii) blind or permanently and totally disabled child as defined in the Supplemental
Security Income program;

(iv) sibling who has equity interest in the home and who was residing in the home for
a period of at least one year immediately before the date of the individual's admission to
the facility; or

(v) son or daughter who was residing in the individual's home for a period of at least
two years immediately before the date the individual became an institutionalized person,
and who provided care to the individual that, as certified by the individual's attending
physiciannew text begin or advanced practice registered nursenew text end, permitted the individual to reside at home
rather than receive care in an institution or facility;

(2) a satisfactory showing is made that the individual intended to dispose of the homestead
at fair market value or for other valuable consideration; or

(3) the local agency grants a waiver of a penalty resulting from a transfer for less than
fair market value because denial of eligibility would cause undue hardship for the individual,
based on imminent threat to the individual's health and well-being. Whenever an applicant
or recipient is denied eligibility because of a transfer for less than fair market value, the
local agency shall notify the applicant or recipient that the applicant or recipient may request
a waiver of the penalty if the denial of eligibility will cause undue hardship. With the written
consent of the individual or the personal representative of the individual, a long-term care
facility in which an individual is residing may file an undue hardship waiver request, on
behalf of the individual who is denied eligibility for long-term care services on or after July
1, 2006, due to a period of ineligibility resulting from a transfer on or after February 8,
2006. In evaluating a waiver, the local agency shall take into account whether the individual
was the victim of financial exploitation, whether the individual has made reasonable efforts
to recover the transferred property or resource, and other factors relevant to a determination
of hardship. If the local agency does not approve a hardship waiver, the local agency shall
issue a written notice to the individual stating the reasons for the denial and the process for
appealing the local agency's decision.

(b) When a waiver is granted under paragraph (a), clause (3), a cause of action exists
against the person to whom the homestead was transferred for that portion of long-term
care services provided within:

(1) 30 months of a transfer made on or before August 10, 1993;

(2) 60 months if the homestead was transferred after August 10, 1993, to a trust or portion
of a trust that is considered a transfer of assets under federal law;

(3) 36 months if transferred in any other manner after August 10, 1993, but prior to
February 8, 2006; or

(4) 60 months if the homestead was transferred on or after February 8, 2006,

or the amount of the uncompensated transfer, whichever is less, together with the costs
incurred due to the action.

Sec. 30.

Minnesota Statutes 2016, section 256B.0625, subdivision 2, is amended to read:


Subd. 2.

Skilled and intermediate nursing care.

(a) Medical assistance covers skilled
nursing home services and services of intermediate care facilities, including training and
habilitation services, as defined in section 252.41, subdivision 3, for persons with
developmental disabilities who are residing in intermediate care facilities for persons with
developmental disabilities. Medical assistance must not be used to pay the costs of nursing
care provided to a patient in a swing bed as defined in section 144.562, unless (1) the facility
in which the swing bed is located is eligible as a sole community provider, as defined in
Code of Federal Regulations, title 42, section 412.92, or the facility is a public hospital
owned by a governmental entity with 15 or fewer licensed acute care beds; (2) the Centers
for Medicare and Medicaid Services approves the necessary state plan amendments; (3) the
patient was screened as provided by law; (4) the patient no longer requires acute care
services; and (5) no nursing home beds are available within 25 miles of the facility. The
commissioner shall exempt a facility from compliance with the sole community provider
requirement in clause (1) if, as of January 1, 2004, the facility had an agreement with the
commissioner to provide medical assistance swing bed services.

(b) Medical assistance also covers up to ten days of nursing care provided to a patient
in a swing bed if: (1) the patient's physician new text beginor advanced practice registered nurse new text endcertifies
that the patient has a terminal illness or condition that is likely to result in death within 30
days and that moving the patient would not be in the best interests of the patient and patient's
family; (2) no open nursing home beds are available within 25 miles of the facility; and (3)
no open beds are available in any Medicare hospice program within 50 miles of the facility.
The daily medical assistance payment for nursing care for the patient in the swing bed is
the statewide average medical assistance skilled nursing care per diem as computed annually
by the commissioner on July 1 of each year.

Sec. 31.

Minnesota Statutes 2016, section 259.24, subdivision 2, is amended to read:


Subd. 2.

Parents, guardian.

If an unmarried parent who consents to the adoption of a
child is under 18 years of age, the consent of the minor parent's parents or guardian, if any,
also shall be required; if either or both the parents are disqualified for any of the reasons
enumerated in subdivision 1, the consent of such parent shall be waived, and the consent
of the guardian only shall be sufficient; and, if there be neither parent nor guardian qualified
to give such consent, the consent may be given by the commissioner. The agency overseeing
the adoption proceedings shall ensure that the minor parent is offered the opportunity to
consult with an attorney, a member of the clergy deleted text beginordeleted text endnew text begin,new text end a physiciannew text begin, or an advanced practice
registered nurse
new text end before consenting to adoption of the child. The advice or opinion of the
attorney, clergy member deleted text beginordeleted text endnew text begin,new text end physiciannew text begin, or advanced practice registered nursenew text end shall not be
binding on the minor parent. If the minor parent cannot afford the cost of consulting with
an attorney, a member of the clergy deleted text beginordeleted text endnew text begin, anew text end physician, new text beginor an advanced practice registered nurse,
new text end the county shall bear that cost.

Sec. 32.

Minnesota Statutes 2017 Supplement, section 260C.007, subdivision 6, is amended
to read:


Subd. 6.

Child in need of protection or services.

"Child in need of protection or
services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556,
subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child
abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as
defined in subdivision 15;

(3) is without necessary food, clothing, shelter, education, or other required care for the
child's physical or mental health or morals because the child's parent, guardian, or custodian
is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to provide
that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from an infant with a disability with a life-threatening
condition. The term "withholding of medically indicated treatment" means the failure to
respond to the infant's life-threatening conditions by providing treatment, including
appropriate nutrition, hydration, and medication which, in the treating physician's or
deleted text begin physicians'deleted text endnew text begin advanced practice registered nurse'snew text end reasonable medical judgment, will be most
likely to be effective in ameliorating or correcting all conditions, except that the term does
not include the failure to provide treatment other than appropriate nutrition, hydration, or
medication to an infant when, in the treating physician's or deleted text beginphysicians'deleted text endnew text begin advanced practice
registered nurse's
new text end reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival of
the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved
of the child's care and custody, including a child who entered foster care under a voluntary
placement agreement between the parent and the responsible social services agency under
section 260C.227;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical disability,
or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;

(11) is a sexually exploited youth;

(12) has committed a delinquent act or a juvenile petty offense before becoming ten
years old;

(13) is a runaway;

(14) is a habitual truant;

(15) has been found incompetent to proceed or has been found not guilty by reason of
mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense; or

(16) has a parent whose parental rights to one or more other children were involuntarily
terminated or whose custodial rights to another child have been involuntarily transferred to
a relative and there is a case plan prepared by the responsible social services agency
documenting a compelling reason why filing the termination of parental rights petition under
section 260C.503, subdivision 2, is not in the best interests of the child.

Sec. 33.

Minnesota Statutes 2017 Supplement, section 364.09, is amended to read:


364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to the licensing
and background investigation process under chapter 240; to eligibility for school bus driver
endorsements; to eligibility for special transportation service endorsements; to eligibility
for a commercial driver training instructor license, which is governed by section 171.35
and rules adopted under that section; to emergency medical services personnel, or to the
licensing by political subdivisions of taxicab drivers, if the applicant for the license has
been discharged from sentence for a conviction within the ten years immediately preceding
application of a violation of any of the following:

(1) sections 609.185 to 609.2114, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3; or Minnesota Statutes 2012, section 609.21;

(2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years
or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license issued
or renewed by the Professional Educator Licensing and Standards Board or the commissioner
of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers Training
Board or the state fire marshal from recommending policies set forth in this chapter to the
attorney general for adoption in the attorney general's discretion to apply to law enforcement
or fire protection agencies.

deleted text begin (d) This chapter does not apply to a license to practice medicine that has been denied or
revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
deleted text end

deleted text begin (e) This chapter does not apply to any person who has been denied a license to practice
chiropractic or whose license to practice chiropractic has been revoked by the board in
accordance with section 148.10, subdivision 7.
deleted text end

deleted text begin (f) This chapter does not apply to any license, registration, or permit that has been denied
or revoked by the Board of Nursing in accordance with section 148.261, subdivision 1a.
deleted text end

deleted text begin (g)deleted text endnew text begin (d)new text end This chapter does not apply to any license, registration, permit, or certificate that
has been denied or revoked by the commissioner of health according to section 148.5195,
subdivision 5; or 153A.15, subdivision 2.

deleted text begin (h)deleted text endnew text begin (e)new text end This chapter does not supersede a requirement under law to conduct a criminal
history background investigation or consider criminal history records in hiring for particular
types of employment.

new text begin (f) This chapter does not apply to the licensing or registration process for, or to any
license, registration, or permit that has been denied or revoked by, a health licensing board
listed in section 214.01, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 34. new text beginCOUNCIL OF HEALTH BOARDS WORK GROUP.
new text end

new text begin (a) The Council of Health Boards shall convene a work group to study and make
recommendations on:
new text end

new text begin (1) increasing the use of telehealth technologies including, but not limited to, high-fidelity
simulation and teleconferencing to complete portions of the clinical experiences required
as part of postsecondary educational programs that relate to counseling. Clinical experiences
may include supervised practicum and internship hours. The study shall include the
parameters in which the proposed technology may be utilized in order to ensure that students
are integrating classroom theory in a lifelike clinical setting without compromising clinical
competency outcomes;
new text end

new text begin (2) increasing access to telehealth technologies for use in supervision of persons
completing postdegree supervised practice work experience and training required for
licensure. The study shall include the parameters in which the proposed technology may be
utilized for supervision to ensure the quality and competence of the activities supervised;
and
new text end

new text begin (3) increasing client access to mental health services through use of telehealth
technologies.
new text end

new text begin (b) The work group must consist of representatives of:
new text end

new text begin (1) the Boards of Psychology, Social Work, Marriage and Family Therapy, and Behavioral
Health and Therapy;
new text end

new text begin (2) postsecondary educational institutions that have accredited educational programs
for social work, psychology, alcohol and drug counseling, marriage and family therapy,
and professional counseling; and
new text end

new text begin (3) the relevant professional counseling associations, including the Minnesota Counseling
Association; Minnesota Psychology Association; National Association of Social Workers,
Minnesota chapter; Minnesota Association for Marriage and Family Therapy; and the
Minnesota Association of Resources for Recovery and Chemical Health.
new text end

new text begin (c) By February 1, 2019, the council shall submit recommendations for using telehealth
technologies to the chairs and ranking minority members of the legislative committees with
jurisdiction over health occupations and higher education, and shall include a plan for
implementing the recommendations and any legislative changes necessary for
implementation.
new text end

Sec. 35. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 214.075, subdivision 8, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end


ARTICLE 9

MISCELLANEOUS

Section 1.

Minnesota Statutes 2016, section 62V.05, subdivision 2, is amended to read:


Subd. 2.

Operations funding.

deleted text begin (a) Prior to January 1, 2015, MNsure shall retain or collect
up to 1.5 percent of total premiums for individual and small group market health plans and
dental plans sold through MNsure to fund the cash reserves of MNsure, but the amount
collected shall not exceed a dollar amount equal to 25 percent of the funds collected under
section 62E.11, subdivision 6, for calendar year 2012.
deleted text end

deleted text begin (b) Beginning January 1, 2015, MNsure shall retain or collect up to 3.5 percent of total
premiums for individual and small group market health plans and dental plans sold through
MNsure to fund the operations of MNsure, but the amount collected shall not exceed a
dollar amount equal to 50 percent of the funds collected under section 62E.11, subdivision
6
, for calendar year 2012.
deleted text end

deleted text begin (c)deleted text endnew text begin (a)new text end Beginning January 1, 2016, new text beginthrough December 31, 2018, new text endMNsure shall retain or
collect up to 3.5 percent of total premiums for individual and small group market health
plans and dental plans sold through MNsure to fund the operations of MNsure, but the
amount collected may never exceed a dollar amount greater than 100 percent of the funds
collected under section 62E.11, subdivision 6, for calendar year 2012.

deleted text begin (d) For fiscal years 2014 and 2015, the commissioner of management and budget is
authorized to provide cash flow assistance of up to $20,000,000 from the special revenue
fund or the statutory general fund under section 16A.671, subdivision 3, paragraph (a), to
MNsure. Any funds provided under this paragraph shall be repaid, with interest, by June
30, 2015.
deleted text end

new text begin (b) Beginning January 1, 2019, MNsure shall retain or collect up to two percent of total
premiums for individual and small group health plans and dental plans sold through MNsure
to fund the operations of MNsure, but the amount collected may never exceed a dollar
amount greater than 25 percent of the funds collected under section 62E.11, subdivision 6,
for calendar year 2012.
new text end

deleted text begin (e)deleted text endnew text begin (c)new text end Funding for the operations of MNsure shall cover any compensation provided to
navigators participating in the navigator program.

new text begin (d) Interagency agreements between MNsure and the Department of Human Services,
and the Public Assistance Cost Allocation Plan for the Department of Human Services,
shall not be modified to reflect any changes to the percentage of premiums that MNsure is
allowed to retain or collect under this section, and no additional funding shall be transferred
from the Department of Human Services to MNsure as a result of any changes to the
percentage of premiums that MNsure is allowed to retain or collect under this section.
new text end

Sec. 2.

Minnesota Statutes 2016, section 62V.05, subdivision 5, is amended to read:


Subd. 5.

Health carrier and health plan requirements; participation.

(a) Beginning
January 1, 2015, the board may establish certification requirements for health carriers and
health plans to be offered through MNsure that satisfy federal requirements under deleted text beginsection
1311(c)(1) of the Affordable Care Act, Public Law 111-148
deleted text endnew text begin United States Code, title 42,
section 18031(c)(1)
new text end.

(b) Paragraph (a) does not apply if by June 1, 2013, the legislature enacts regulatory
requirements that:

(1) apply uniformly to all health carriers and health plans in the individual market;

(2) apply uniformly to all health carriers and health plans in the small group market; and

(3) satisfy minimum federal certification requirements under deleted text beginsection 1311(c)(1) of the
Affordable Care Act, Public Law 111-148
deleted text endnew text begin United States Code, title 42, section 18031(c)(1)new text end.

(c) In accordance with deleted text beginsection 1311(e) of the Affordable Care Act, Public Law 111-148deleted text endnew text begin
United States Code, title 42, section 18031(e)
new text end, the board shall establish policies and
procedures for certification and selection of health plans to be offered as qualified health
plans through MNsure. The board shall certify and select a health plan as a qualified health
plan to be offered through MNsure, if:

(1) the health plan meets the minimum certification requirements established in paragraph
(a) or the market regulatory requirements in paragraph (b);

(2) the board determines that making the health plan available through MNsure is in the
interest of qualified individuals and qualified employers;

(3) the health carrier applying to offer the health plan through MNsure also applies to
offer health plans at each actuarial value level and service area that the health carrier currently
offers in the individual and small group markets; and

(4) the health carrier does not apply to offer health plans in the individual and small
group markets through MNsure under a separate license of a parent organization or holding
company under section 60D.15, that is different from what the health carrier offers in the
individual and small group markets outside MNsure.

(d) In determining the interests of qualified individuals and employers under paragraph
(c), clause (2), the board may not exclude a health plan for any reason specified under deleted text beginsection
1311(e)(1)(B) of the Affordable Care Act, Public Law 111-148
deleted text endnew text begin United States Code, title
42, section 18031(e)(1)(B)
new text end. deleted text beginThe board may consider:
deleted text end

deleted text begin (1) affordability;
deleted text end

deleted text begin (2) quality and value of health plans;
deleted text end

deleted text begin (3) promotion of prevention and wellness;
deleted text end

deleted text begin (4) promotion of initiatives to reduce health disparities;
deleted text end

deleted text begin (5) market stability and adverse selection;
deleted text end

deleted text begin (6) meaningful choices and access;
deleted text end

deleted text begin (7) alignment and coordination with state agency and private sector purchasing strategies
and payment reform efforts; and
deleted text end

deleted text begin (8) other criteria that the board determines appropriate.
deleted text end

new text begin (e) A health plan that meets the minimum certification requirements under paragraph
(c) and United States Code, title 42, section 18031(c)(1), and any regulations and guidance
issued under that section, is deemed to be in the interest of qualified individuals and qualified
employers. The board shall not establish certification requirements for health carriers and
health plans for participation in MNsure that are in addition to the certification requirements
under paragraph (c) and United States Code, title 42, section 18031(c)(1), and any regulations
and guidance issued under that section. The board shall not determine the cost of, cost-sharing
elements of, or benefits provided in health plans sold through MNsure.
new text end

deleted text begin (e)deleted text endnew text begin (f)new text end For qualified health plans offered through MNsure on or after January 1, 2015,
the board shall establish policies and procedures under paragraphs (c) and (d) for selection
of health plans to be offered as qualified health plans through MNsure by February 1 of
each year, beginning February 1, 2014. The board shall consistently and uniformly apply
all policies and procedures and any requirements, standards, or criteria to all health carriers
and health plans. For any policies, procedures, requirements, standards, or criteria that are
defined as rules under section 14.02, subdivision 4, the board may use the process described
in subdivision 9.

deleted text begin (f) For 2014, the board shall not have the power to select health carriers and health plans
for participation in MNsure. The board shall permit all health plans that meet the certification
requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148, to
be offered through MNsure.
deleted text end

(g) Under this subdivision, the board shall have the power to verify that health carriers
and health plans are properly certified to be eligible for participation in MNsure.

(h) The board has the authority to decertify health carriers and health plans that fail to
maintain compliance with deleted text beginsection 1311(c)(1) of the Affordable Care Act, Public Law 111-148deleted text endnew text begin
United States Code, title 42, section 18031(c)(1)
new text end.

(i) For qualified health plans offered through MNsure beginning January 1, 2015, health
carriers must use the most current addendum for Indian health care providers approved by
the Centers for Medicare and Medicaid Services and the tribes as part of their contracts with
Indian health care providers. MNsure shall comply with all future changes in federal law
with regard to health coverage for the tribes.

Sec. 3.

Minnesota Statutes 2016, section 62V.05, subdivision 10, is amended to read:


Subd. 10.

Limitations; risk-bearing.

(a) The board shall not bear insurance risk or enter
into any agreement with health care providers to pay claims.

(b) Nothing in this subdivision shall prevent MNsure from providing insurance for its
employees.

new text begin (c) The commissioner of human services shall not bear insurance risk or enter into any
agreement with providers to pay claims for any health coverage administered by the
commissioner that is made available for purchase through the MNsure Web site as an
alternative to purchasing a qualifying health plan through MNsure or an individual health
plan offered outside of MNsure.
new text end

new text begin (d) Nothing in this subdivision shall prohibit:
new text end

new text begin (1) the commissioner of human services from administering the medical assistance
program under chapter 256B and the MinnesotaCare program under chapter 256L, as long
as health coverage under these programs is not purchased by the individual through the
MNsure Web site; and
new text end

new text begin (2) employees of the Department of Human Services from obtaining insurance from the
state employee group insurance program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2016, section 169.345, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) For the purpose of section 168.021 and this section, the following
terms have the meanings given them in this subdivision.

(b) "Health professional" means a licensed physician, licensed physician assistant,
advanced practice registered nurse, new text beginlicensed physical therapist, new text endor licensed chiropractor.

(c) "Long-term certificate" means a certificate issued for a period greater than 12 months
but not greater than 71 months.

(d) "Organization certificate" means a certificate issued to an entity other than a natural
person for a period of three years.

(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the
certificate referred to in subdivision 3, while the application is being processed.

(f) "Physically disabled person" means a person who:

(1) because of disability cannot walk without significant risk of falling;

(2) because of disability cannot walk 200 feet without stopping to rest;

(3) because of disability cannot walk without the aid of another person, a walker, a cane,
crutches, braces, a prosthetic device, or a wheelchair;

(4) is restricted by a respiratory disease to such an extent that the person's forced
(respiratory) expiratory volume for one second, when measured by spirometry, is less than
one liter;

(5) has an arterial oxygen tension (PaO2) of less than 60 mm/Hg on room air at rest;

(6) uses portable oxygen;

(7) has a cardiac condition to the extent that the person's functional limitations are
classified in severity as class III or class IV according to standards set by the American
Heart Association;

(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or

(9) has a disability that would be aggravated by walking 200 feet under normal
environmental conditions to an extent that would be life threatening.

(g) "Short-term certificate" means a certificate issued for a period greater than six months
but not greater than 12 months.

(h) "Six-year certificate" means a certificate issued for a period of six years.

(i) "Temporary certificate" means a certificate issued for a period not greater than six
months.

Sec. 5.

Minnesota Statutes 2016, section 243.166, subdivision 4b, is amended to read:


Subd. 4b.

Health care facility; notice of status.

(a) For the purposes of this subdivisiondeleted text begin,deleted text endnew text begin:
new text end

new text begin (1) new text end"health care facility" means a facility:

deleted text begin (1)deleted text end new text begin(i) new text endlicensed by the commissioner of health as a hospital, boarding care home or
supervised living facility under sections 144.50 to 144.58, or a nursing home under chapter
144A;

deleted text begin (2)deleted text end new text begin(ii) new text endregistered by the commissioner of health as a housing with services establishment
as defined in section 144D.01; or

deleted text begin (3)deleted text endnew text begin (iii)new text end licensed by the commissioner of human services as a residential facility under
chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency
treatment to adults, or residential services to persons with disabilitiesnew text begin; and
new text end

new text begin (2) "home care provider" has the meaning given in section 144A.43new text end.

(b) Prior to admission to a health care facilitynew text begin or home care services from a home care
provider
new text end, a person required to register under this section shall disclose to:

(1) the health care facility employee new text beginor the home care provider new text endprocessing the admission
the person's status as a registered predatory offender under this section; and

(2) the person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority with whom the person is currently required to register,
that deleted text begininpatientdeleted text end admission will occur.

(c) A law enforcement authority or corrections agent who receives notice under paragraph
(b) or who knows that a person required to register under this section is planning to be
admitted and receive, or has been admitted and is receiving health care at a health care
facilitynew text begin or home care services from a home care provider,new text end shall notify the administrator of
the facility new text beginor the home care provider new text endand deliver a fact sheet to the administrator new text beginor provider
new text end containing the following information: (1) name and physical description of the offender;
(2) the offender's conviction history, including the dates of conviction; (3) the risk level
classification assigned to the offender under section 244.052, if any; and (4) the profile of
likely victims.

(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility
receives a fact sheet under paragraph (c) that includes a risk level classification for the
offender, and if the facility admits the offender, the facility shall distribute the fact sheet to
all residents at the facility. If the facility determines that distribution to a resident is not
appropriate given the resident's medical, emotional, or mental status, the facility shall
distribute the fact sheet to the patient's next of kin or emergency contact.

new text begin (e) If a home care provider receives a fact sheet under paragraph (c) that includes a risk
level classification for the offender, the provider shall distribute the fact sheet to any
individual who will provide direct services to the offender before the individual begins to
provide the service.
new text end

Sec. 6. new text beginHUMAN SERVICES DEPARTMENT RESTRUCTURING WORKING
GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) A working group to consider
restructuring the Department of Human Services is established.
new text end

new text begin (b) The working group shall include 17 members as follows:
new text end

new text begin (1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader of the house of representatives;
new text end

new text begin (2) two members of the senate, one appointed by the senate majority leader and one
appointed by the senate minority leader;
new text end

new text begin (3) the legislative auditor or a designee;
new text end

new text begin (4) the commissioner of administration or a designee;
new text end

new text begin (5) two representatives from county social services agencies, appointed by the
commissioner of human services;
new text end

new text begin (6) two representatives from tribal social services agencies, appointed by the
commissioner of human services;
new text end

new text begin (7) two representatives from organizations that represent people served by programs
administered by the Department of Human Services, appointed by the commissioner of
human services;
new text end

new text begin (8) two representatives from organizations that represent service providers that are either
licensed or reimbursed by the Department of Human Services, appointed by the commissioner
of human services;
new text end

new text begin (9) one member representing the Cultural and Ethnic Communities Leadership Council,
appointed by the commissioner of human services; and
new text end

new text begin (10) two representatives of labor organizations, who must be full-time employees of the
Department of Human Services working in facilities located in different geographic regions
of the state, appointed by the governor.
new text end

new text begin (c) The appointing authorities under this subdivision must complete their appointments
no later than July 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The working group shall review the current structure of the Department
of Human Services and programs administered by that agency and propose a restructuring
of the agency to provide for better coordination and control of programs, accountability,
and continuity. In making recommendations, the working group must consider:
new text end

new text begin (1) how human services agencies are structured in other states;
new text end

new text begin (2) transferring duties to other state agencies;
new text end

new text begin (3) the effect of a restructuring on clients and counties;
new text end

new text begin (4) administrative efficiencies;
new text end

new text begin (5) various analytical methods to evaluate efficiencies, including but not limited to
zero-based budgeting;
new text end

new text begin (6) budget and policy priorities;
new text end

new text begin (7) program funding sources;
new text end

new text begin (8) avoiding conflicting agency roles;
new text end

new text begin (9) the extent to which the agency should provide direct services to clients;
new text end

new text begin (10) eliminating any duplication of services; and
new text end

new text begin (11) staffing issues.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The legislative auditor or a designee shall convene the first meeting
of the working group no later than August 1, 2018. The legislative auditor or a designee
shall serve as the chair of the working group. Meetings of the working group are open to
the public.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the working group shall serve without compensation
or reimbursement for expenses.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The Legislative Coordinating Commission shall
provide administrative support for the working group and arrange for meeting space.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By March 1, 2019, the working group must submit a report with
findings, recommendations, and draft legislation to the chairs and ranking minority members
of the legislative committees with jurisdiction over human services policy and finance. The
report must include a discussion of the costs and benefits associated with any proposed
restructuring.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The working group expires March 2, 2019, or the day after the
working group submits the report required under subdivision 6, whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7. new text beginRATES FOR INDIVIDUAL MARKET HEALTH AND DENTAL PLANS
FOR 2019.
new text end

new text begin (a) Health carriers must take into account the reduction in the premium withhold
percentage under Minnesota Statutes, section 62V.05, subdivision 2, applicable beginning
in calendar year 2019 for individual market health plans and dental plans sold through
MNsure when setting rates for individual market health plans and dental plans for calendar
year 2019.
new text end

new text begin (b) For purposes of this section, "dental plan," "health carrier," "health plan," and
"individual market" have the meanings given in Minnesota Statutes, section 62V.02.
new text end

Sec. 8. new text beginCOMMISSIONER OF HUMAN SERVICES CHILD CARE LICENSING
RULEMAKING AUTHORITY.
new text end

new text begin Notwithstanding any provision of law to the contrary, the commissioner of human
services may not adopt rules under Minnesota Statutes, chapter 14, related to family child
care, group family child care, or child care centers, unless otherwise expressly authorized
by law enacted on or after the effective date of this section. Existing statutes authorizing
rulemaking on these topics are no longer effective, except as necessary to support rules that
were adopted prior to the effective date of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end


ARTICLE 10

FORECAST ADJUSTMENTS

Section 1. new text beginHUMAN SERVICES APPROPRIATION.
new text end

new text begin The dollar amounts shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, are subtracted from the appropriations in Laws 2017, First Special
Session chapter 6, article 18, from the general fund or any fund named to the Department
of Human Services for the purposes specified in this article, to be available for the fiscal
year indicated for each purpose. The figures "2018" and "2019" used in this article mean
that the appropriations listed under them are available for the fiscal years ending June 30,
2018, or June 30, 2019, respectively. "The first year" is fiscal year 2018. "The second year"
is fiscal year 2019. "The biennium" is fiscal years 2018 and 2019.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginCOMMISSIONER OF HUMAN
SERVICES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin (208,963,000)
new text end
new text begin $
new text end
new text begin (88,363,000)
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin (210,083,000)
new text end
new text begin (103,535,000)
new text end
new text begin Health Care Access
Fund
new text end
new text begin 7,620,000
new text end
new text begin 9,258,000
new text end
new text begin Federal TANF
new text end
new text begin (6,500,000)
new text end
new text begin 5,914,000
new text end

new text begin Subd. 2. new text end

new text begin Forecasted Programs
new text end

new text begin (a) MFIP/DWP
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin (3,749,000)
new text end
new text begin (11,267,000)
new text end
new text begin Federal TANF
new text end
new text begin (7,418,000)
new text end
new text begin 4,565,000
new text end
new text begin (b) MFIP Child Care Assistance
new text end
new text begin (7,995,000)
new text end
new text begin (521,000)
new text end
new text begin (c) General Assistance
new text end
new text begin (4,850,000)
new text end
new text begin (3,770,000)
new text end
new text begin (d) Minnesota Supplemental Aid
new text end
new text begin (1,179,000)
new text end
new text begin (821,000)
new text end
new text begin (e) Housing Support
new text end
new text begin (3,260,000)
new text end
new text begin (3,038,000)
new text end
new text begin (f) Northstar Care for Children
new text end
new text begin (5,168,000)
new text end
new text begin (6,458,000)
new text end
new text begin (g) MinnesotaCare
new text end
new text begin 7,620,000
new text end
new text begin 9,258,000
new text end

new text begin These appropriations are from the health care
access fund.
new text end

new text begin (h) Medical Assistance
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin (199,817,000)
new text end
new text begin (106,124,000)
new text end
new text begin Health Care Access
Fund
new text end
new text begin -0-
new text end
new text begin -0-
new text end
new text begin (i) Alternative Care Program
new text end
new text begin -0-
new text end
new text begin -0-
new text end
new text begin (j) CCDTF Entitlements
new text end
new text begin 15,935,000
new text end
new text begin 28,464,000
new text end

new text begin Subd. 3. new text end

new text begin Technical Activities
new text end

new text begin 918,000
new text end
new text begin 1,349,000
new text end

new text begin These appropriations are from the federal
TANF fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end


ARTICLE 11

HEALTH AND HUMAN SERVICES APPROPRIATIONS

Section 1. new text beginHEALTH AND HUMAN SERVICES APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2017, First Special Session chapter
6, article 18, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund and are available for the fiscal years indicated for each purpose.
The figures "2018" and "2019" used in this article mean that the addition to or subtraction
from the appropriation listed under them is available for the fiscal year ending June 30,
2018, or June 30, 2019, respectively. Base adjustments mean the addition to or subtraction
from the base level adjustment set in Laws 2017, First Special Session chapter 6, article 18.
Supplemental appropriations and reductions to appropriations for the fiscal year ending
June 30, 2018, are effective the day following final enactment unless a different effective
date is explicit.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginCOMMISSIONER OF HUMAN
SERVICES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 29,168,000
new text end

new text begin Subd. 2. new text end

new text begin Central Office; Operations
new text end

new text begin -0-
new text end
new text begin 5,778,000
new text end

new text begin (a) new text beginFoster Care Recruitment Models.new text end
$75,000 in fiscal year 2019 is from the general
fund for a grant to Hennepin County to
establish and promote family foster care
recruitment models. The county shall use the
grant funds for the purpose of increasing foster
care providers through administrative
simplification, nontraditional recruitment
models, and family incentive options, and
develop a strategic planning model to recruit
family foster care providers. This is a onetime
appropriation.
new text end

new text begin (b) new text beginTransfer; Advisory Council on Rare
Diseases.
new text end
$150,000 in fiscal year 2019 is from
the general fund for transfer to the Board of
Regents of the University of Minnesota for
the advisory council on rare diseases under
Minnesota Statutes, section 137.68.
new text end

new text begin (c) Transfer; Study and Report on Health
Insurance Rate Disparities between
Geographic Rating Areas.
$251,000 in fiscal
year 2019 is from the general fund for transfer
to the Legislative Coordinating Commission
for the Office of the Legislative Auditor to
study and report on disparities between
geographic rating areas in individual and small
group market health insurance rates. This is a
onetime appropriation.
new text end

new text begin (d) new text beginSubstance Abuse Recovery Services
Provided through Minnesota Recovery
Corps.
new text end
$450,000 in fiscal year 2019 is from
the general fund for transfer to
ServeMinnesota under Minnesota Statutes,
section 124D.37, for purposes of providing
evidenced-based substance abuse recovery
services through Minnesota Recovery Corps.
Funds shall be used to support training,
supervision, and deployment of AmeriCorps
members to serve as recovery navigators. The
Minnesota Commission on National and
Community Service shall include in the
commission's report to the legislature under
Minnesota Statutes, section 124D.385,
subdivision 3, an evaluation of program data
to determine the efficacy of the services
promoting sustained substance abuse recovery,
including but not limited to stable housing,
relationship-building, employment skills, or
a year of AmeriCorps service. This is a
onetime appropriation.
new text end

new text begin (e) Base Adjustment. new text end new text begin The general fund base
is increased $6,141,000 in fiscal year 2020
and $6,150,000 in fiscal year 2021.
new text end

new text begin Subd. 3. new text end

new text begin Central Office; Children and Families
new text end

new text begin -0-
new text end
new text begin 1,420,000
new text end

new text begin (a) Task Force on Childhood
Trauma-Informed Policy and Practices.

$55,000 in fiscal year 2019 is from the general
fund for the task force on childhood
trauma-informed policy and practices. This is
a onetime appropriation.
new text end

new text begin (b) Child Welfare Training Academy.
$786,000 in fiscal year 2019 is from the
general fund for the child welfare training
academy, which shall provide training to
county and tribal child welfare workers,
county and tribal child welfare supervisors,
and staff at agencies providing out-of-home
placement services. This is a onetime
appropriation.
new text end

new text begin (c) Child Welfare Caseload Study. $400,000
in fiscal year 2019 is from the general fund
for a child welfare caseload study. This is a
onetime appropriation.
new text end

new text begin (d) Minn-LInK Study. $150,000 in fiscal
year 2019 is from the general fund for the
Minn-LInK study under Minnesota Statutes,
section 260C.81. This is a onetime
appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Central Office; Health Care
new text end

new text begin -0-
new text end
new text begin 1,836,000
new text end

new text begin (a) Encounter Reporting of 340B Eligible
Drugs.
$35,000 in fiscal year 2019 is from the
general fund for development of
recommendations for a process to identify
340B eligible drugs and report them at the
point of sale. This is a onetime appropriation.
new text end

new text begin (b) new text beginBase Adjustment.new text end The general fund base
is increased $2,235,000 in fiscal year 2020
and $2,255,000 in fiscal year 2021.
new text end

new text begin Subd. 5. new text end

new text begin Central Office; Continuing Care
new text end

new text begin -0-
new text end
new text begin 1,200,000
new text end

new text begin (a) new text beginRegional Ombudsmen.new text end $612,000 in fiscal
year 2019 is from the general fund to fund five
additional regional ombudsman in the Office
of Ombudsman for Long-Term Care, to
perform the duties in Minnesota Statutes,
section 256.9742.
new text end

new text begin (b) Live Well At Home Grants. Of the fiscal
year 2019 general fund appropriation in Laws
2017, First Special Session chapter 6, article
18, section 2, subdivision 6: (1) $50,000 shall
be used to provide a live well at home grant
under Minnesota Statutes, section 256B.0917,
to an organization that provides block nurse
services to the elderly in the city of McGregor;
and (2) if an organization providing block
nurse services to the elderly in the city of
Grove City does not receive a live well at
home grant award by November 1, 2018,
$120,000 shall be used to provide a live well
at home grant under Minnesota Statutes,
section 256B.0917, to that organization.
new text end

new text begin (c) Base Adjustment. The general fund base
is increased $746,000 in fiscal year 2020 and
$746,000 in fiscal year 2021.
new text end

new text begin Subd. 6. new text end

new text begin Central Office; Community Supports
new text end

new text begin -0-
new text end
new text begin 4,171,000
new text end

new text begin Base Adjustment. new text end new text begin The general fund base is
increased $4,139,000 in fiscal year 2020 and
$4,024,000 in fiscal year 2021.
new text end

new text begin Subd. 7. new text end

new text begin Forecasted Programs; Medical
Assistance
new text end

new text begin -0-
new text end
new text begin 25,939,000
new text end

new text begin Subd. 8. new text end

new text begin Forecasted Programs; Alternative Care
new text end

new text begin -0-
new text end
new text begin (28,000)
new text end

new text begin Subd. 9. new text end

new text begin Forecasted Programs; Chemical
Dependency Treatment Fund
new text end

new text begin -0-
new text end
new text begin (14,243,000)
new text end

new text begin Subd. 10. new text end

new text begin Grant Programs; Child and Economic
Support Grants
new text end

new text begin -0-
new text end
new text begin 1,900,000
new text end

new text begin (a) Community Action Grants. $750,000 in
fiscal year 2019 is from the general fund for
community action grants under Minnesota
Statutes, sections 256E.30 to 256E.32. This is
a onetime appropriation.
new text end

new text begin (b) new text beginMobile food shelf grants.new text end (1) $750,000
in fiscal year 2019 is from the general fund
for mobile food shelf grants to be awarded by
Hunger Solutions. Of this appropriation,
$375,000 is for sustaining existing mobile
food shelf programs and $375,000 is for
creating new mobile food shelf programs.
new text end

new text begin (2) Hunger Solutions shall award grants on a
priority basis under clause (4). A grant to
sustain an existing mobile food shelf program
shall not exceed $25,000. A grant to create a
new mobile food shelf program shall not
exceed $75,000.
new text end

new text begin (3) An applicant for a mobile food shelf grant
must provide the following information to
Hunger Solutions:
new text end

new text begin (i) the location of the project;
new text end

new text begin (ii) a description of the mobile program,
including the program's size and scope;
new text end

new text begin (iii) evidence regarding the unserved or
underserved nature of the community in which
the program is located;
new text end

new text begin (iv) evidence of community support for the
program;
new text end

new text begin (v) the total cost of the program;
new text end

new text begin (vi) the amount of the grant request and how
funds will be used;
new text end

new text begin (vii) sources of funding or in-kind
contributions for the program that may
supplement any grant award;
new text end

new text begin (viii) the applicant's commitment to maintain
the mobile program; and
new text end

new text begin (ix) any additional information requested by
Hunger Solutions.
new text end

new text begin (4) In evaluating applications and awarding
grants, Hunger Solutions must give priority
to an applicant who:
new text end

new text begin (i) serves unserved or underserved areas;
new text end

new text begin (ii) creates a new mobile program or expands
an existing mobile program;
new text end

new text begin (iii) serves areas where a high level of need is
identified;
new text end

new text begin (iv) provides evidence of strong support for
the program from residents and other
institutions in the community;
new text end

new text begin (v) leverages funding for the program from
other private and public sources; and
new text end

new text begin (vi) commits to maintaining the program on
a multiyear basis.
new text end

new text begin (5) This is a onetime appropriation.
new text end

new text begin (c) new text beginProject Legacy.new text end $400,000 in fiscal year
2019 is from the general fund for a grant to
Project Legacy to provide counseling and
outreach to youth and young adults from
families with a history of generational poverty.
Money from this appropriation must be spent
for mental health care, medical care, chemical
dependency interventions, housing, and
mentoring and counseling services for first
generation college students. This is a onetime
appropriation.
new text end

new text begin Subd. 11. new text end

new text begin Grant Programs; Child Mental Health
Grants
new text end

new text begin -0-
new text end
new text begin 250,000
new text end

new text begin new text begin School-Linked Mental Health Services
Delivered by Telemedicine.
new text end
$250,000 in
fiscal year 2019 is from the general fund for
grants for four pilot projects to deliver
school-linked mental health services by
telemedicine. The grants are for new or
existing providers and must be two pilot
projects in greater Minnesota, one in the
seven-county metropolitan area excluding
Minneapolis and St. Paul, and one in
Minneapolis or St. Paul. No later than six
months after the funds are expended, the
commissioner shall report to the legislative
committees with jurisdiction over mental
health issues on the effectiveness of the pilot
projects. This is a onetime appropriation and
is available until June 30, 2021.
new text end

new text begin Subd. 12. new text end

new text begin Grant Programs; Chemical
Dependency Treatment Support Grants
new text end

new text begin -0-
new text end
new text begin 945,000
new text end

new text begin Student Health Initiative to Limit Opioid
Harm.
$945,000 in fiscal year 2019 is from
the general fund for the student health
initiative to limit opioid harm. This is a
onetime appropriation.
new text end

Sec. 3. new text beginCOMMISSIONER OF HEALTH
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 10,922,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 10,838,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin -0-
new text end
new text begin 84,000
new text end

new text begin Subd. 2. new text end

new text begin Health Improvement
new text end

new text begin -0-
new text end
new text begin 7,862,000
new text end

new text begin (a) Health Professional Education Loan
Forgiveness Program.
$1,000,000 in fiscal
year 2019 is from the general fund for the
health professional education loan forgiveness
program under Minnesota Statutes, section
144.1501. Of this amount, $112,000 is for
administration.
new text end

new text begin (b) Transfer; Minnesota Biomedicine and
Bioethics Innovation Grants.
$557,000 in
fiscal year 2019 is from the general fund for
transfer to the Board of Regents of the
University of Minnesota for Minnesota
biomedicine and bioethics innovation grants
under Minnesota Statutes, section 137.67. This
appropriation is available until June 30, 2021.
The general fund base for this program is
$893,000 in fiscal year 2020 and $893,000 in
fiscal year 2021.
new text end

new text begin (c) Addressing Disparities in Prenatal Care
Access and Utilization.
$613,000 in fiscal
year 2019 is from the general fund for grants
under Minnesota Statutes, section 145.928,
subdivision 7, paragraph (a), clause (2), to
decrease racial and ethnic disparities in access
to and utilization of high-quality prenatal care.
Of this amount, $113,000 is for administration.
This is a onetime appropriation.
new text end

new text begin (d) Information on Congenital
Cytomegalovirus.
$127,000 in fiscal year
2019 is from the general fund for the
development and dissemination of information
about congenital cytomegalovirus according
to Minnesota Statutes, section 144.064.
new text end

new text begin (e) Older Adult Social Isolation Working
Group.
$85,000 in fiscal year 2018 is from
the general fund for the older adult social
isolation working group, for costs related to
the salary of an independent, professional
facilitator, printing and duplicating costs, and
expenses related to meeting management for
the working group. This is a onetime
appropriation.
new text end

new text begin (f) Transfer; Mental Health and Substance
Use Disorder Parity Work Group.
$75,000
in fiscal year 2019 is from the general fund
for transfer to the commissioner of commerce
for the mental health and substance use
disorder parity work group. This is a onetime
appropriation.
new text end

new text begin (g) The TAP Program. $10,000 in fiscal year
2019 is from the general fund for a grant to
the TAP in St. Paul to support mental health
in disability communities through spoken art
forms, community supports, and community
engagement. This is a onetime appropriation.
new text end

new text begin (h) Statewide Tobacco Cessation Services.
$291,000 in fiscal year 2019 is from the
general fund for statewide tobacco cessation
services under Minnesota Statutes, section
144.397. The general fund base for this
appropriation is $1,550,000 in fiscal year 2020
and $2,955,000 in fiscal year 2021.
new text end

new text begin (i) new text beginOpioid Abuse Prevention Pilot Project.new text end
$2,000,000 in fiscal year 2019 is from the
general fund for opioid abuse prevention pilot
projects under Laws 2017, First Special
Session chapter 6, article 10, section 144. Of
this amount: (1) $1,400,000 is for the opioid
abuse prevention pilot project through CHI
St. Gabriel's Health Family Medical Center,
also known as Unity Family Health Care; and
(2) $600,000 is for Project Echo through CHI
St. Gabriel's Health Family Medical Center
for e-learning sessions centered around opioid
case management and best practices for opioid
abuse prevention. This is a onetime
appropriation.
new text end

new text begin (j) new text end new text begin Opioid Overdose Reduction Pilot
Program.
new text end
new text begin $1,000,000 in fiscal year 2019 is
from the general fund for the opioid overdose
reduction pilot program, which provides grants
to ambulance services to fund community
paramedic teams. Of this amount, $112,000
is for administration. This is a onetime
appropriation and is available until June 30,
2021.
new text end

new text begin (k) new text beginPrescription Drug Deactivation and
Disposal Products.
new text end
(1) $1,104,000 in fiscal
year 2019 is from the general fund to provide
grants to pharmacists and other prescription
drug dispensers, health care providers, local
law enforcement and emergency services
personnel, and local health and human services
departments to purchase at-home prescription
drug deactivation and disposal products that
render drugs and medications inert and
irretrievable. The grants must be awarded on
a competitive basis and targeted toward
geographic areas of the state with the highest
rates of overdose deaths. Of this amount,
$104,000 is for administration.
new text end

new text begin (2) Grant recipients must provide these
deactivation and disposal products free of
charge to members of the public. Grant
recipients, and the vendors providing
deactivation and disposal products to grant
recipients, shall provide information necessary
to evaluate the effectiveness of the grant
program to the commissioner of health, in the
form and manner specified by the
commissioner. At a minimum, a grant
recipient must provide the commissioner with
the number of deactivation and disposal
products the grant recipient provided to
members of the public under this program,
and an estimate of the total number of dosages
that may have been deactivated and disposed
of using the products. The commissioner may
contract with a third party to conduct the
evaluation.
new text end

new text begin (3) This is a onetime appropriation.
new text end

new text begin (l) Base Adjustments. The general fund base
is increased $4,669,000 in fiscal year 2020
and $6,068,000 in fiscal year 2021.
new text end

new text begin Subd. 3. new text end

new text begin Health Protection
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 2,976,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin -0-
new text end
new text begin 84,000
new text end

new text begin (a) Technology Upgrades. $1,250,000 in
fiscal year 2019 is from the general fund for
technology upgrades at the Office of Health
Facility Complaints. These technology
upgrades must be provided by an external
vendor selected on a competitive basis by the
commissioner of administration. The
commissioner shall not transfer this
appropriation or use the appropriated funds
for any other purpose. This is a onetime
appropriation and is available until June 30,
2022.
new text end

new text begin (b) Base Adjustments. The general fund base
is increased $980,000 in fiscal year 2020 and
$933,000 in fiscal year 2021. The state
government special revenue fund base is
increased $365,000 in fiscal year 2020 and
$77,000 in fiscal year 2021.
new text end

Sec. 4. new text beginHEALTH-RELATED BOARDS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 224,000
new text end

new text begin Unless otherwise noted, this appropriation is
from the state government special revenue
fund. The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Board of Dentistry
new text end

new text begin -0-
new text end
new text begin 13,000
new text end

new text begin Base Adjustments. The state government
special revenue fund base is increased $5,000
in fiscal year 2020 and $5,000 in fiscal year
2021.
new text end

new text begin Subd. 3. new text end

new text begin Board of Nursing
new text end

new text begin -0-
new text end
new text begin 162,000
new text end

new text begin (a) Nurse Licensure Compact. $157,000 in
fiscal year 2019 is for implementation of
Minnesota Statutes, section 148.2855.
new text end

new text begin (b) Base Adjustments. The state government
special revenue fund base is increased by
$6,000 in fiscal year 2020 and $6,000 in fiscal
year 2021.
new text end

new text begin Subd. 4. new text end

new text begin Board of Nursing Home Administrators
new text end

new text begin -0-
new text end
new text begin 25,000
new text end

new text begin Council of Health Boards Work Group.
$25,000 in fiscal year 2019 is for the
administrative services unit to convene a
Council of Health Boards work group to study
and make recommendations on the use of
telehealth technologies. This is a onetime
appropriation.
new text end

new text begin Subd. 5. new text end

new text begin Board of Optometry
new text end

new text begin -0-
new text end
new text begin 5,000
new text end

new text begin This is a onetime appropriation.
new text end

new text begin Subd. 6. new text end

new text begin Board of Pharmacy
new text end

new text begin -0-
new text end
new text begin 14,000
new text end

new text begin Base Adjustments. The state government
special revenue fund base is increased by
$12,000 in fiscal year 2020 and $12,000 in
fiscal year 2021.
new text end

new text begin Subd. 7. new text end

new text begin Board of Podiatric Medicine
new text end

new text begin -0-
new text end
new text begin 5,000
new text end

new text begin This is a onetime appropriation.
new text end

Sec. 5. new text beginEMERGENCY MEDICAL SERVICES
REGULATORY BOARD
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 35,000
new text end

new text begin new text begin Base Adjustment.new text end The general fund base is
increased by $15,000 in fiscal year 2020 only.
new text end

Sec. 6.

Minnesota Statutes 2016, section 256.01, is amended by adding a subdivision to
read:


new text begin Subd. 17a. new text end

new text begin Transfers for routine administrative operations. new text end

new text begin (a) The commissioner
may only transfer money from the general fund to any other fund for routine administrative
operations and may not transfer money from the general fund to any other fund without
approval from the commissioner of management and budget unless specifically authorized
by law. If the commissioner of management and budget determines that a transfer proposed
by the commissioner is necessary for routine administrative operations of the Department
of Human Services, the commissioner may approve the transfer. If the commissioner of
management and budget determines that the transfer proposed by the commissioner is not
necessary for routine administrative operations of the Department of Human Services, the
commissioner may not approve the transfer unless the requirements of paragraph (b) are
met.
new text end

new text begin (b) If the commissioner of management and budget determines that a transfer under
paragraph (a) is not necessary for routine administrative operations of the Department of
Human Services, the commissioner may request approval of the transfer from the Legislative
Advisory Commission under section 3.30. To request approval of a transfer from the
Legislative Advisory Commission, the commissioner must submit a request that includes
the amount of the transfer, the budget activity and fund from which money would be
transferred and the budget activity and fund to which money would be transferred, an
explanation of the administrative necessity of the transfer, and a statement from the
commissioner of management and budget explaining why the transfer is not necessary for
routine administrative operations of the Department of Human Services. The Legislative
Advisory Commission shall review the proposed transfer and make a recommendation
within 20 days of the request from the commissioner. If the Legislative Advisory Commission
makes a positive recommendation or no recommendation, the commissioner may approve
the transfer. If the Legislative Advisory Commission makes a negative recommendation or
a request for more information, the commissioner may not approve the transfer. A
recommendation of the Legislative Advisory Commission must be made by a majority of
the commission and must be made at a meeting of the commission unless a written
recommendation is signed by a majority of the commission members required to vote on
the question. If the commission makes a negative recommendation or a request for more
information, the commission may subsequently withdraw or change its recommendation.
new text end

Sec. 7.

Laws 2017, First Special Session chapter 6, article 18, section 3, subdivision 2, is
amended to read:


Subd. 2.

Health Improvement

Appropriations by Fund
General
81,438,000
78,100,000
State Government
Special Revenue
6,215,000
6,182,000
Health Care Access
36,643,000
36,258,000
Federal TANF
11,713,000
11,713,000

(a) TANF Appropriations. (1) $3,579,000
of the TANF fund each year is 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.

(2) $2,000,000 of the TANF fund each year
is for decreasing racial and ethnic disparities
in infant mortality rates under Minnesota
Statutes, section 145.928, subdivision 7.

(3) $4,978,000 of the TANF fund each year
is for the family home visiting grant program
according to Minnesota Statutes, section
145A.17. $4,000,000 of the funding must be
distributed to community health boards
according to Minnesota Statutes, section
145A.131, subdivision 1. $978,000 of the
funding must be distributed to tribal
governments according to Minnesota Statutes,
section 145A.14, subdivision 2a.

(4) $1,156,000 of the TANF fund each year
is for family planning grants under Minnesota
Statutes, section 145.925.

(5) The commissioner may use up to 6.23
percent of the funds appropriated each 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.

(b) TANF Carryforward. Any unexpended
balance of the TANF appropriation in the first
year of the biennium does not cancel but is
available for the second year.

(c) deleted text beginEvidence-Baseddeleted text end Home Visitingnew text begin to
Pregnant Women and Families with Young
Children
new text end.
$6,000,000 in fiscal year 2018 and
$6,000,000 in fiscal year 2019 are from the
general fund to start up or expand
deleted text begin evidence-baseddeleted text end home visiting programsnew text begin to
pregnant women and families with young
children
new text end. The commissioner shall award grants
to community health boards, nonprofits, or
tribal nations in urban and rural areas of the
state. Grant funds must be used to start up or
expand evidence-based new text beginor targeted new text endhome
visiting programs in the county, reservation,
or region to serve families, such as parents
with high risk or high needs, parents with a
history of mental illness, domestic abuse, or
substance abuse, or first-time mothers
prenatally until the child is four years of age,
who are eligible for medical assistance under
Minnesota Statutes, chapter 256B, or the
federal Special Supplemental Nutrition
Program for Women, Infants, and Children.
new text begin For fiscal year 2019, the commissioner shall
allocate at least 75 percent of the grant funds
not yet awarded to evidence-based home
visiting programs and up to 25 percent of the
grant funds not yet awarded to other targeted
home visiting programs in order to promote
innovation and serve high-need families.
new text end Priority for grants to rural areas shall be given
to community health boards, nonprofits, and
tribal nations that expand services within
regional partnerships that provide the
deleted text begin evidence-baseddeleted text end home visiting programs. This
funding shall only be used to supplement, not
to replace, funds being used for
evidence-based new text beginor targeted new text endhome visiting
services as of June 30, 2017. Up to seven
percent of the appropriation may be used for
training, technical assistance, evaluation, and
other costs to administer the grants. The
general fund base for this program is
$16,500,000 in fiscal year 2020 and
$16,500,000 in fiscal year 2021.

(d) Safe Harbor for Sexually Exploited
Youth Services.
$250,000 in fiscal year 2018
and $250,000 in fiscal year 2019 are from the
general fund for trauma-informed, culturally
specific services for sexually exploited youth.
Youth 24 years of age or younger are eligible
for services under this paragraph.

(e) Safe Harbor Program Technical
Assistance and Evaluation.
$200,000 in
fiscal year 2018 and $200,000 in fiscal year
2019 are from the general fund for training,
technical assistance, protocol implementation,
and evaluation activities related to the safe
harbor program. Of these amounts:

(1) $90,000 each fiscal year is for providing
training and technical assistance to individuals
and organizations that provide safe harbor
services and receive funds for that purpose
from the commissioner of human services or
commissioner of health;

(2) $90,000 each fiscal year is for protocol
implementation, which includes providing
technical assistance in establishing best
practices-based systems for effectively
identifying, interacting with, and referring
sexually exploited youth to appropriate
resources; and

(3) $20,000 each fiscal year is for program
evaluation activities in compliance with
Minnesota Statutes, section 145.4718.

(f) Promoting Safe Harbor Capacity. In
funding services and activities under
paragraphs (d) and (e), the commissioner shall
emphasize activities that promote
capacity-building and development of
resources in greater Minnesota.

(g) Administration of Safe Harbor
Program.
$60,000 in fiscal year 2018 and
$60,000 in fiscal year 2019 are for
administration of the safe harbor for sexually
exploited youth program.

(h) Palliative Care Advisory Council.
$44,000 in fiscal year 2018 and $44,000 in
fiscal year 2019 are from the general fund for
the Palliative Care Advisory Council under
Minnesota Statutes, section 144.059. This is
a onetime appropriation.

(i) Transfer; Minnesota Biomedicine and
Bioethics Innovation Grants.
$2,500,000 in
fiscal year 2018 is from the general fund for
transfer to the Board of Regents of the
University of Minnesota for Minnesota
biomedicine and bioethics innovation grants
under Minnesota Statutes, section 137.67. The
full amount of the appropriation is for grants,
and the University of Minnesota shall not use
any portion for administrative or monitoring
expenses. The steering committee of the
University of Minnesota and Mayo Foundation
partnership must submit a preliminary report
by April 1, 2018, and a final report by April
1, 2019, on all grant activities funded under
Minnesota Statutes, section 137.67, to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
health and human services finance. This is a
onetime appropriation and is available until
June 30, 2021.

(j) Statewide Strategic Plan for Victims of
Sex Trafficking.
$73,000 in fiscal year 2018
is from the general fund for the development
of a comprehensive statewide strategic plan
and report to address the needs of sex
trafficking victims statewide. This is a onetime
appropriation.

(k) Home and Community-Based Services
Employee Scholarship Program.
$500,000
in fiscal year 2018 and $500,000 in fiscal year
2019 are from the general fund for the home
and community-based services employee
scholarship program under Minnesota Statutes,
section 144.1503.

(l) Comprehensive Advanced Life Support
Educational Program.
$100,000 in fiscal
year 2018 and $100,000 in fiscal year 2019
are from the general fund for the
comprehensive advanced life support
educational program under Minnesota Statutes,
section 144.6062. This is a onetime
appropriation.

(m) Opioid Abuse Prevention. $1,028,000
in fiscal year 2018 is to establish and evaluate
accountable community for health opioid
abuse prevention pilot projects. $28,000 of
this amount is for administration. This is a
onetime appropriation and is available until
June 30, 2021.

(n) Advanced Care Planning. $250,000 in
fiscal year 2018 and $250,000 in fiscal year
2019 are from the general fund for a grant to
a statewide advanced care planning resource
organization that has expertise in convening
and coordinating community-based strategies
to encourage individuals, families, caregivers,
and health care providers to begin
conversations regarding end-of-life care
choices that express an individual's health care
values and preferences and are based on
informed health care decisions. Of this
amount, $9,000 each year is for administration.
This is a onetime appropriation.

(o) Health Professionals Clinical Training
Expansion Grant Program.
$526,000 in
fiscal year 2018 and $526,000 in fiscal year
2019 are from the general fund for the primary
care and mental health professions clinical
training expansion grant program under
Minnesota Statutes, section 144.1505. Of this
amount, $26,000 each year is for
administration.

(p) Federally Qualified Health Centers.
$500,000 in fiscal year 2018 and $500,000 in
fiscal year 2019 are from the general fund to
provide subsidies to federally qualified health
centers under Minnesota Statutes, section
145.9269. This is a onetime appropriation.

(q) Base Level Adjustments. The general
fund base is $87,656,000 in fiscal year 2020
and $87,706,000 in fiscal year 2021. The
health care access fund base is $36,858,000
in fiscal year 2020 and $36,258,000 in fiscal
year 2021.

Sec. 8.

Laws 2017, First Special Session chapter 6, article 18, section 16, subdivision 2,
is amended to read:


Subd. 2.

Administration.

new text beginSubject to Minnesota Statutes, section 256.01, subdivision
17a,
new text endpositions, salary money, and nonsalary administrative money may be transferred within
the Departments of Health and Human Services as the commissioners consider necessary,
with the advance approval of the commissioner of management and budget. The
commissioner shall inform the chairs and ranking minority members of the senate Health
and Human Services Finance and Policy Committee, the senate Human Services Reform
Finance and Policy Committee, and the house of representatives Health and Human Services
Finance Committee quarterly about transfers made under this subdivision.

Sec. 9. new text beginTRANSFERS.
new text end

new text begin By June 30, 2018, the commissioner of management and budget shall transfer:
new text end

new text begin (1) $14,000,000 from the systems operations account in the special revenue fund to the
general fund;
new text end

new text begin (2) $2,000,000 from the system long-term care options product account in the special
revenue fund to the general fund;
new text end

new text begin (3) $2,400,000 from the direct care and treatment special health care receipts account
in the special revenue fund to the general fund; and
new text end

new text begin (4) $8,800,000 from the systems operations account in the special revenue fund to the
general fund.
new text end

Sec. 10. new text beginEXPIRATION OF UNCODIFIED LANGUAGE.
new text end

new text begin All uncodified language contained in this article expires on June 30, 2019, unless a
different expiration date is explicit.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2018, unless a different effective date is specified.
new text end


ARTICLE 12

TRANSPORTATION APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the column under "Appropriations" are added to the appropriations
in Laws 2017, First Special Session chapter 3, article 1, 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. Amounts for "Total
Appropriation" and sums shown in the corresponding columns marked "Appropriations by
Fund" are summary only and do not have legal effect. The figures "2018" and "2019" used
in this article mean that the addition to the appropriation listed under them is available for
the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginDEPARTMENT OF
TRANSPORTATION
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 135,539,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 22,230,000
new text end
new text begin Special Revenue
new text end
new text begin -0-
new text end
new text begin 1,550,000
new text end
new text begin C.S.A.H.
new text end
new text begin -0-
new text end
new text begin 24,945,000
new text end
new text begin M.S.A.S.
new text end
new text begin -0-
new text end
new text begin 6,552,000
new text end
new text begin Trunk Highway
new text end
new text begin -0-
new text end
new text begin 80,750,000
new text end

new text begin The appropriations in this section are to the
commissioner of transportation. The amounts
that may be spent for each purpose are
specified in the following subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Aeronautics
new text end

new text begin -0-
new text end
new text begin 3,000,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 2,000,000
new text end
new text begin Airports
new text end
new text begin -0-
new text end
new text begin 1,000,000
new text end

new text begin This appropriation is for a grant to the city of
Rochester to acquire and install a CAT II
approach system at the Rochester International
Airport. This appropriation is available when
the commissioner of management and budget
determines that sufficient resources have been
committed to complete the project, as required
by Minnesota Statutes, section 16A.502, and
is available until the project is completed or
abandoned, subject to Minnesota Statutes,
section 16A.642. This is a onetime
appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Freight Rail
new text end

new text begin (a) Freight Rail Economic Development (FRED)
new text end
new text begin -0-
new text end
new text begin 5,000,000
new text end

new text begin This appropriation is for the freight rail
economic development program under
Minnesota Statutes, section 222.505.
new text end

new text begin The base is $2,000,000 in each of fiscal years
2020 and 2021.
new text end

new text begin (b) Rice Creek Railroad Bridge
new text end
new text begin -0-
new text end
new text begin 1,550,000
new text end

new text begin This appropriation is from the freight rail
account in the special revenue fund under the
freight rail economic development program
in Minnesota Statutes, section 222.505, for
the grant under section 11. This appropriation
is available when the commissioner of
management and budget determines that
sufficient resources have been committed to
complete the project, as required by Minnesota
Statutes, section 16A.502, and is available
until the project is completed or abandoned
subject to Minnesota Statutes, section
16A.642. This is a onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin State Roads
new text end

new text begin Unless otherwise specified, the appropriations
in this subdivision are from the trunk highway
fund.
new text end

new text begin (a) Operations and Maintenance
new text end
new text begin -0-
new text end
new text begin 11,095,000
new text end

new text begin This is a onetime appropriation.
new text end

new text begin (b) Program Planning and Delivery
new text end
new text begin (1) Planning and Research
new text end
new text begin -0-
new text end
new text begin 2,094,000
new text end

new text begin If a balance remains of this appropriation, the
commissioner may transfer up to that amount
for program delivery under clause (2).
new text end

new text begin $500,000 in the second year is to conduct a
study on the feasibility of an interchange at
marked Interstate Highway 35 and County
Road 9 in Rice County. At a minimum, the
study must include estimated construction
costs, traffic modeling, an environmental
analysis, and a potential design layout for an
interchange.
new text end

new text begin $500,000 in the second year is to conduct a
study on the feasibility of expanding or
reconstructing marked Interstate Highway 94
from the city of St. Michael to the city of St.
Cloud. At a minimum, the study must include
traffic modeling and an environmental
analysis.
new text end

new text begin This is a onetime appropriation.
new text end

new text begin (2) Program Delivery
new text end
new text begin -0-
new text end
new text begin 13,317,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 6,230,000
new text end
new text begin Trunk Highway
new text end
new text begin -0-
new text end
new text begin 7,087,000
new text end

new text begin This appropriation includes use of consultants
to support development and management of
projects. This is a onetime appropriation.
new text end

new text begin $5,400,000 in the second year is from the
general fund for a grant to the city of Virginia
to repay loans incurred by the city for costs
related to utility relocation for the U.S.
Highway 53 project. This is a onetime
appropriation.
new text end

new text begin $830,000 in the second year is from the
general fund for a grant to the city of Mankato
for a project to increase the height of a levee
and related construction on a segment of
marked Trunk Highway 169 north of the
Highway 14 interchange to accommodate the
raising of a levee. This appropriation is for the
local share the city of Mankato would be
responsible for under the state's Cost
Participation and Maintenance with Local
Units of Government Manual, or any contract
between the state and the city of Mankato.
This is a onetime appropriation and is
available when the commissioner of
management and budget determines that
sufficient resources have been committed to
complete the project, as required by Minnesota
Statutes, section 16A.502.
new text end

new text begin (c) State Road Construction
new text end
new text begin -0-
new text end
new text begin 48,155,000
new text end

new text begin This appropriation is for the actual
construction, reconstruction, and improvement
of trunk highways, including design-build
contracts, internal department costs associated
with delivering the construction program,
consultant use to support the activities, and
the cost of actual payments to landowners for
lands acquired for highway rights-of-way,
payment to lessees, interest subsidies, and
relocation expenses. This is a onetime
appropriation.
new text end

new text begin For any trunk highway reconstruction or
resurfacing project in 2020 or 2021 that
includes establishment of one or more
temporary lanes of travel, the commissioner
must establish additional permanent general
purpose lanes for that segment if (1) the
project is on an Interstate Highway; (2) the
total project cost estimate is at least
$30,000,000; and (3) the annual average daily
traffic is at least 40,000 at any point within
the project limits.
new text end

new text begin (d) Corridors of Commerce
new text end
new text begin -0-
new text end
new text begin 10,000,000
new text end

new text begin This appropriation is for the corridors of
commerce program under Minnesota Statutes,
section 161.088. This is a onetime
appropriation.
new text end

new text begin (e) Highway Debt Service
new text end
new text begin -0-
new text end
new text begin 2,319,000
new text end

new text begin $2,319,000 in fiscal year 2019 is for transfer
to the state bond fund. If this appropriation is
insufficient to make all transfers required in
the year for which it is made, the
commissioner of management and budget must
transfer the deficiency amount under the
statutory open appropriation and notify the
chairs, ranking minority members, and staff
of the legislative committees with jurisdiction
over transportation finance and the chairs of
the senate Finance Committee and the house
of representatives Ways and Means Committee
of the amount of the deficiency. Any excess
appropriation cancels to the trunk highway
fund.
new text end

new text begin Subd. 5. new text end

new text begin Local Roads
new text end

new text begin (a) County State-Aid Roads
new text end
new text begin -0-
new text end
new text begin 24,945,000
new text end

new text begin This appropriation is from the county state-aid
highway fund under Minnesota Statutes,
sections 161.081 and 297A.815, subdivision
3, and Minnesota Statutes, chapter 162, and
is available until June 30, 2027. This is a
onetime appropriation.
new text end

new text begin (b) Municipal State-Aid Roads
new text end
new text begin -0-
new text end
new text begin 6,552,000
new text end

new text begin This appropriation is from the municipal
state-aid street fund under Minnesota Statutes,
chapter 162, and is available until June 30,
2027. This is a onetime appropriation.
new text end

new text begin (c) Small Cities Assistance
new text end
new text begin -0-
new text end
new text begin 7,000,000
new text end

new text begin This appropriation is for the small cities
assistance program under Minnesota Statutes,
section 162.145.
new text end

new text begin The base is $8,081,000 in fiscal year 2020 and
$8,082,000 in fiscal year 2021.
new text end

new text begin If a constitutional amendment that dedicates
revenue from the state general sales tax
attributable to motor vehicle repair and
replacement parts is ratified in 2018, the base
is $549,000 in fiscal year 2021 and $0 in fiscal
years 2022 and thereafter.
new text end

new text begin (d) Town Roads
new text end
new text begin -0-
new text end
new text begin 2,000,000
new text end

new text begin This appropriation is for town roads, to be
distributed in the manner provided under
Minnesota Statutes, section 162.081. This is
a onetime appropriation.
new text end

new text begin Subd. 6. new text end

new text begin Tribal Training Program
new text end

new text begin The commissioner must implement
interagency billing to state agencies for costs
related to that agency's participation in tribal
training activities provided by the Department
of Transportation.
new text end

Sec. 3. new text beginMETROPOLITAN COUNCIL
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 3,500,000
new text end

new text begin This appropriation is for financial assistance
to replacement service providers under
Minnesota Statutes, section 473.388, for the
purposes of the suburb-to-suburb transit
project authorized under Laws 2015, chapter
75, article 1, section 4. Of the amount in the
second year, $2,500,000 is for capital
improvements, including bus replacement,
associated with the project. The replacement
service providers must collectively identify
and notify the Metropolitan Council of the
capital expenditures under this rider, and the
Metropolitan Council must allocate funds as
directed by the replacement service providers.
The council is prohibited from retaining any
portion of the funds under this appropriation.
This is a onetime appropriation.
new text end

new text begin Notwithstanding Laws 2017, First Special
Session chapter 3, article 1, section 3, the base
is $90,747,000 in fiscal year 2020 and
$90,730,000 in fiscal year 2021.
new text end

Sec. 4. new text beginDEPARTMENT OF MANAGEMENT
AND BUDGET
new text end

new text begin $
new text end
new text begin 9,000,000
new text end
new text begin $
new text end
new text begin -0-
new text end

new text begin This appropriation is for reimbursement grants
to deputy registrars under Minnesota Statutes,
section 168.335, provided that the time period
under Minnesota Statutes, section 168.335,
subdivision 3, paragraph (a), clause (1), is
August 1, 2017, through January 31, 2018.
new text end

new text begin $6,265,000 in the first year is from the driver
services operating account and $2,735,000 in
the first year is from the vehicle services
operating account.
new text end

new text begin For the appropriation in the first year, the
commissioner of management and budget must
make efforts to reimburse deputy registrars
within 30 days of the effective date of this
section.
new text end

new text begin The base from the general fund is $9,000,000
in each of fiscal years 2020 and 2021. The
base from the driver services operating
account is $0 in each of fiscal years 2020 and
2021. The base from the vehicle services
operating account is $0 in each of fiscal years
2020 and 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Laws 2017, First Special Session chapter 3, article 1, section 2, subdivision 2, is
amended to read:


Subd. 2.

Multimodal Systems

(a) Aeronautics

(1) Airport Development and Assistance
26,001,000
16,598,000

This appropriation is from the state airports
fund and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4
.

Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after the year of the
appropriation. If the appropriation for either
year is insufficient, the appropriation for the
other year is available for it.

$6,619,000 in the first year is for a grant to
the Duluth Airport Authority for
improvements at the Duluth International
Airport and the Sky Harbor Airport in
accordance with Minnesota Statutes, section
360.017. For the purposes of this
appropriation, the commissioner may waive
the requirements of Minnesota Statutes,
section 360.305, subdivision 4, paragraph (b).
This appropriation may be used to reimburse
the Authority for costs incurred after March
1, 2015. This is a onetime appropriation.

$2,334,000 in the first year is for a grant to
the city of Rochester for improvements to the
passenger terminal building at the Rochester
International Airport in accordance with
Minnesota Statutes, section 360.017. For the
purposes of this appropriation, the
commissioner of transportation may waive the
requirements of Minnesota Statutes, section
360.305, subdivision 4, paragraph (b). This
appropriation may be used to reimburse the
city for costs incurred after May 1, 2016. This
is a onetime appropriation.

Notwithstanding Minnesota Statutes, section
360.017, $250,000 in the first year is for a
grant to the city of St. Cloud for an air
transport optimization planning study for the
St. Cloud Regional Airport. The study must
be comprehensive and market-based, using
economic development and air service
expertise to research, analyze, and develop
models and strategies that maximize the return
on investments made to enhance the use and
impact of the St. Cloud Regional Airport. By
January 5, 2018, the city of St. Cloud shall
submit a report to the governor and the
members and staff of the legislative
committees with jurisdiction over capital
investment, transportation, and economic
development with recommendations based on
the findings of the study. This is a onetime
appropriation.

If the commissioner of transportation
determines that a balance remains in the state
airports fund following the appropriations
made in this article and that the appropriations
made are insufficient for advancing airport
development and assistance projects, an
amount necessary to advance the projects, not
to exceed the balance in the state airports fund,
is appropriated in each year to the
commissioner and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4
. Within two weeks of a
determination under this contingent
appropriation, the commissioner of
transportation must notify the commissioner
of management and budget and the chairs,
ranking minority members, and staff of the
legislative committees with jurisdiction over
transportation finance concerning the funds
appropriated. Funds appropriated under this
contingent appropriation do not adjust the base
for fiscal years 2020 and 2021.

The base is $15,298,000 in each of fiscal years
2020 and 2021.

(2) Aviation Support and Services
6,710,000
6,854,000
Appropriations by Fund
2018
2019
Airports
5,231,000
5,231,000
Trunk Highway
1,479,000
1,623,000
(3) Civil Air Patrol
3,580,000
80,000

This appropriation is from the state airports
fund for the Civil Air Patrol.

$3,500,000 in the first year is for a grant tonew text begin:
(1) perform site selection and analysis; (2)
purchase,
new text end renovate deleted text begina portion of anddeleted text endnew text begin, ornew text end
construct deleted text beginan addition to thedeleted text end training and
maintenance deleted text beginfacility located at the South St.
Paul airport,
deleted text endnew text begin facilities;new text end and deleted text begintodeleted text endnew text begin (3)new text end furnish and
equip the deleted text beginfacilitydeleted text endnew text begin facilitiesnew text end, including
communications equipment.new text begin If the Civil Air
Patrol purchases an existing facility, predesign
requirements are waived. The facilities must
be located at an airport in Minnesota.
Notwithstanding the matching requirements
in Minnesota Statutes, section 360.305,
subdivision 4, a nonstate contribution is not
required for this appropriation.
new text end
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for deleted text beginfivedeleted text endnew text begin sixnew text end years after the year of
the appropriation. This is a onetime
appropriation.

(b) Transit
1,416,000
18,268,000
Appropriations by Fund
2018
2019
General
570,000
17,395,000
Trunk Highway
846,000
873,000

$150,000 in each year is from the general fund
for grants to transportation management
organizations that provide services exclusively
or primarily in the city located along the
marked Interstate Highway 494 corridor
having the highest population as of the
effective date of this section. The
commissioner must not retain any portion of
the funds appropriated under this section.
From the appropriation in each fiscal year, the
commissioner must make grant payments in
full by July 31. Permissible uses of funds
under this grant include administrative
expenses and programming and service
expansion, including but not limited to
staffing, communications, outreach and
education program development, and
operations management. This is a onetime
appropriation.

The base from the general fund is $17,245,000
in each year for fiscal years 2020 and 2021.

(c) Safe Routes to School
500,000
500,000

This appropriation is from the general fund
for the safe routes to school program under
Minnesota Statutes, section 174.40.

(d) Passenger Rail
500,000
500,000

This appropriation is from the general fund
for passenger rail system planning, alternatives
analysis, environmental analysis, design, and
preliminary engineering under Minnesota
Statutes, sections 174.632 to 174.636.

(e) Freight

Freight and Commercial Vehicle Operations
8,506,000
6,578,000
Appropriations by Fund
2018
2019
General
3,156,000
1,056,000
Trunk Highway
5,350,000
5,522,000

$1,100,000 in the first year is from the general
fund for port development assistance grants
under Minnesota Statutes, chapter 457A, to
the city of Red Wing and to the Port Authority
of Winona. Any improvements made with the
proceeds of the grants must be publicly owned.
This is a onetime appropriation and is
available in the second year.

$800,000 in each year is from the general fund
for additional rail safety and rail service
activities.

$1,000,000 in the first year is from the general
fund for a grant to the city of Grand Rapids to
fund rail planning studies, design, and
preliminary engineering relating to the
construction of a freight rail line located in the
counties of Itasca, St. Louis, and Lake to serve
local producers and shippers. The city of
Grand Rapids shall collaborate with the Itasca
Economic Development Corporation and the
Itasca County Regional Railroad Authority in
the activities funded with the proceeds of this
grant. This is a onetime appropriation and is
available until June 30, 2019.

Sec. 6.

Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 1, is
amended to read:


Subdivision 1.

Total Appropriation

$
199,838,000
$
deleted text begin 199,407,000 deleted text end new text begin
198,041,000
new text end
Appropriations by Fund
2018
2019
General
19,971,000
14,381,000
Special Revenue
63,945,000
65,087,000
H.U.T.D.
10,474,000
deleted text begin 10,486,000 deleted text end new text begin
9,120,000
new text end
Trunk Highway
105,448,000
109,453,000

The appropriations in this section are to the
commissioner of public safety. The amounts
that may be spent for each purpose are
specified in the following subdivisions.

Sec. 7.

Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 2, is
amended to read:


Subd. 2.

Administration and Related Services

(a) Office of Communications
553,000
573,000
Appropriations by Fund
2018
2019
General
127,000
130,000
Trunk Highway
426,000
443,000
(b) Public Safety Support
6,372,000
deleted text begin 6,569,000
deleted text end new text begin 5,203,000
new text end
Appropriations by Fund
2018
2019
General
1,225,000
1,235,000
H.U.T.D.
1,366,000
deleted text begin 1,366,000 deleted text end new text begin
-0-
new text end
Trunk Highway
3,781,000
3,968,000
(c) Public Safety Officer Survivor Benefits
640,000
640,000

This appropriation is from the general fund
for payment of public safety officer survivor
benefits under Minnesota Statutes, section
299A.44.

If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.

(d) Public Safety Officer Reimbursements
1,367,000
1,367,000

This appropriation is from the general fund to
be deposited in the public safety officer's
benefit account. This money is available for
reimbursements under Minnesota Statutes,
section 299A.465.

(e) Soft Body Armor Reimbursements
700,000
700,000
Appropriations by Fund
2018
2019
General
600,000
600,000
Trunk Highway
100,000
100,000

This appropriation is for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38.

(f) Technology and Support Service
3,777,000
3,814,000
Appropriations by Fund
2018
2019
General
1,353,000
1,365,000
H.U.T.D.
19,000
19,000
Trunk Highway
2,405,000
2,430,000

Sec. 8. new text beginHIGHWAY USER TAX DISTRIBUTION FUND TRANSFER.
new text end

new text begin $75,270,000 in fiscal year 2019 is transferred from the general fund to the commissioner
of transportation for deposit in the highway user tax distribution fund.
new text end

Sec. 9. new text beginRAIL SERVICE IMPROVEMENT ACCOUNT TRANSFER.
new text end

new text begin On June 30, 2018, the commissioner of transportation must transfer the entire balance
in the rail service improvement account to the freight rail account in the special revenue
fund. Any encumbrance from the rail service improvement account made before the transfer
remains in effect from the freight rail account following the transfer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text beginDRIVER AND VEHICLE SERVICES FUND.
new text end

new text begin (a) On July 1, 2018, the commissioner of public safety must transfer the entire account
balances as follows: (1) from the driver services operating account in the special revenue
fund to the driver services operating account in the driver and vehicle services fund; (2)
from the vehicle services operating account in the special revenue fund to the vehicle services
operating account in the driver and vehicle services fund; and (3) from the driver and vehicle
services technology account in the special revenue fund to the driver and vehicle services
technology account in the driver and vehicle services fund.
new text end

new text begin (b) Any encumbrance from an account identified in paragraph (a) made before the
transfer remains in effect from the corresponding account following the transfer.
new text end

new text begin (c) The appropriations in fiscal year 2019 from the driver services operating account
and from the vehicle services operating account under Laws 2017, First Special Session
chapter 3, article 1, section 4, are available from the corresponding account in the driver
and vehicle services fund under Minnesota Statutes, sections 299A.704 and 299A.705, for
the purposes specified under Laws 2017, First Special Session chapter 3, article 1, section
4.
new text end

Sec. 11. new text beginRICE CREEK RAILROAD BRIDGE.
new text end

new text begin (a) From funds specifically made available for purposes of this section, the commissioner
of transportation must provide a grant to Minnesota Commercial Railway Company to
demolish the existing railroad bridge over Rice Creek in New Brighton and to predesign,
design, acquire any needed right-of-way, engineer, construct, and equip a replacement
railroad bridge to meet the needs of the railroad operators that use the bridge.
new text end

new text begin (b) The grant under this section is contingent on:
new text end

new text begin (1) review and approval of the railway company's design, engineering, and plans for the
project by Ramsey County to ensure the project does not interfere with recreational use of
adjacent park property and Rice Creek, and by the Rice Creek Watershed District to ensure
that the project's impact on flows in the creek complies with the watershed district's adopted
rules. These reviews and approvals are in addition to any other reviews, permits, or approvals
required for the project;
new text end

new text begin (2) Minnesota Commercial Railway Company removing all structures related to the
existing bridge, including any pilings, footings, or water control structures placed to protect
the existing bridge structures, from the Rice Creek streambed as part of the demolition and
removal of the existing bridge, except to the extent prohibited by a permitting authority,
including but not limited to the Department of Natural Resources and the United States
Army Corps of Engineers. The replacement bridge and structures are the property of the
owner of the railroad right-of-way and railroad operator, as may be arranged between them;
and
new text end

new text begin (3) Minnesota Commercial Railway Company entering into an agreement with Ramsey
County that: (i) grants the company access to both construct and perform ongoing
maintenance on the bridge; and (ii) provides for repair of the county trail damaged by railway
maintenance work that occurred on the two years before the effective date of this section,
as well as immediately after construction and any subsequent maintenance activities.
new text end

new text begin (c) By entering into a grant agreement with the commissioner of transportation, Minnesota
Commercial Railway Company agrees to cooperate with the city of New Brighton and
Ramsey County to develop crossings and trails in or near to the railway right-of-way in the
city.
new text end

Sec. 12. new text beginEFFECT OF DUPLICATE APPROPRIATIONS.
new text end

new text begin If an appropriation in this act is enacted more than once in the 2018 legislative session
for the same purpose, the appropriation must be given effect only once.
new text end


ARTICLE 13

TRANSPORTATION BONDS

Section 1. new text beginBOND APPROPRIATIONS.
new text end

new text begin The sums shown in the column under "Appropriations" are appropriated from the bond
proceeds account in the trunk highway fund to the state agencies or officials indicated, to
be spent for public purposes. Appropriations of bond proceeds must be spent as authorized
by the Minnesota Constitution, articles XI and XIV. Unless otherwise specified, money
appropriated in this article for a capital program or project may be used to pay state agency
staff costs that are attributed directly to the capital program or project in accordance with
accounting policies adopted by the commissioner of management and budget.
new text end

new text begin SUMMARY
new text end
new text begin Department of Transportation
new text end
new text begin $
new text end
new text begin 250,000,000
new text end
new text begin Department of Management and Budget
new text end
new text begin 250,000
new text end
new text begin TOTAL
new text end
new text begin $
new text end
new text begin 250,250,000
new text end
new text begin APPROPRIATIONS
new text end

Sec. 2. new text beginDEPARTMENT OF
TRANSPORTATION
new text end

new text begin Subdivision 1. new text end

new text begin Corridors of Commerce
new text end

new text begin $
new text end
new text begin 145,000,000
new text end

new text begin This appropriation is to the commissioner of
transportation for the corridors of commerce
program under Minnesota Statutes, section
161.088.
new text end

new text begin The commissioner may use up to 17 percent
of the amount for program delivery.
new text end

new text begin Subd. 2. new text end

new text begin Trunk Highway-Rail Grade Separations
new text end

new text begin $
new text end
new text begin 75,000,000
new text end

new text begin This appropriation is to the commissioner of
transportation for trunk highway-rail grade
separation projects (1) identified as priority
grade separation recommendations in the final
report on highway-rail grade crossing
improvements submitted under Laws 2014,
chapter 312, article 10, section 10; and (2) for
which trunk highway bond proceeds are a
permissible use. The commissioner must first
prioritize grade separation projects that
eliminate a skewed intersection of two trunk
highways.
new text end

new text begin If any proceeds under this subdivision remain
following a determination by the
commissioner that sufficient resources have
been committed to complete all eligible
projects, the remaining amount is available
for the corridors of commerce program under
Minnesota Statutes, section 161.088.
new text end

new text begin Subd. 3. new text end

new text begin Transportation Facilities Capital
new text end

new text begin $
new text end
new text begin 30,000,000
new text end

new text begin This appropriation is to the commissioner of
transportation for the transportation facilities
capital program under Minnesota Statutes,
section 174.13.
new text end

Sec. 3. new text beginBOND SALE EXPENSES
new text end

new text begin $
new text end
new text begin 250,000
new text end

new text begin This appropriation is to the commissioner of
management and budget for bond sale
expenses under Minnesota Statutes, sections
16A.641, subdivision 8, and 167.50,
subdivision 4.
new text end

Sec. 4. new text beginBOND SALE AUTHORIZATION.
new text end

new text begin To provide the money appropriated in this article from the bond proceeds account in the
trunk highway fund, the commissioner of management and budget shall sell and issue bonds
of the state in an amount up to $250,250,000 in the manner, upon the terms, and with the
effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota
Constitution, article XIV, section 11, at the times and in the amounts requested by the
commissioner of transportation. The proceeds of the bonds, except accrued interest and any
premium received from the sale of the bonds, must be deposited in the bond proceeds account
in the trunk highway fund.
new text end


ARTICLE 14

TRANSPORTATION POLICY AND FINANCE

Section 1.

Minnesota Statutes 2017 Supplement, section 3.972, subdivision 4, is amended
to read:


Subd. 4.

Certain transit financial activity reporting.

(a) The legislative auditor must
perform a transit financial activity review of financial information for the Metropolitan
Council's Transportation Division deleted text beginand the joint powers board under section 297A.992.
Within 14 days of the end of each fiscal quarter,
deleted text end new text begintwo times each year. The first report, due
April 1, must include the quarters ending on September 30 and December 31 of the previous
calendar year. The second report, due October 1, must include the quarters ending on March
31 and June 30 of the current year.
new text endThe legislative auditor must submit the review to the
Legislative Audit Commission and the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance, finance, and ways and
means.

(b) At a minimum, each transit financial activity review must include:

(1) a summary of monthly financial statements, including balance sheets and operating
statements, that shows income, expenditures, and fund balance;

(2) a list of any obligations and agreements entered into related to transit purposes,
whether for capital or operating, including but not limited to bonds, notes, grants, and future
funding commitments;

(3) the amount of funds in clause (2) that has been committed;

(4) independent analysis by the fiscal oversight officer of the fiscal viability of revenues
and fund balance compared to expenditures, taking into account:

(i) all expenditure commitments;

(ii) cash flow;

(iii) sufficiency of estimated funds; and

(iv) financial solvency of anticipated transit projects; and

(5) a notification concerning whether the requirements under paragraph (c) have been
met.

(c) The Metropolitan Council deleted text beginand the joint powers board under section 297A.992deleted text end must
produce monthly financial statements as necessary for the review under paragraph (b),
clause (1), and provide timely information as requested by the legislative auditor.

new text begin (d) This subdivision expires April 15, 2023.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 13.461, is amended by adding a subdivision to
read:


new text begin Subd. 33. new text end

new text begin Metropolitan Council special transportation service. new text end

new text begin Data sharing between
the commissioner of human services and the Metropolitan Council to administer and
coordinate transportation services for individuals with disabilities and elderly individuals
is governed by section 473.386, subdivision 9.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 3.

Minnesota Statutes 2016, section 13.6905, subdivision 3, is amended to read:


Subd. 3.

Motor vehicle registration.

Various data on motor vehicle registrations are
classified under sections 168.327, subdivision 3, and 168.346.new text begin Use of vehicle registration
data is governed by section 168.345.
new text end

Sec. 4.

Minnesota Statutes 2016, section 13.72, subdivision 10, is amended to read:


Subd. 10.

Transportation service data.

new text begin(a) new text endPersonal, medical, financial, familial, or
locational information data pertaining to applicants for or users of services providing
transportation for deleted text beginthe disableddeleted text endnew text begin individuals with disabilitiesnew text end or elderly new text beginindividuals new text endare privatenew text begin
data on individuals
new text end.

new text begin (b) Private transportation service data may be disclosed between the commissioner of
human services and the Metropolitan Council to administer and coordinate human services
programs and transportation services for individuals with disabilities and elderly individuals
under section 473.386.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 5.

Minnesota Statutes 2017 Supplement, section 160.02, subdivision 1a, is amended
to read:


Subd. 1a.

Bikeway.

"Bikeway" deleted text beginmeans a bicycle lane, bicycle path, shared use path,
bicycle route, or similar bicycle facility, regardless of whether designed for the exclusive
use of bicycles or for shared use with other transportation modes
deleted text endnew text begin has the meaning given in
section 169.011, subdivision 9
new text end.

Sec. 6.

Minnesota Statutes 2016, section 160.263, subdivision 2, is amended to read:


Subd. 2.

Powers of political subdivisions.

(a) The governing body of any political
subdivision may by ordinance or resolution:

(1) designate any roadway or shoulder or portion thereof under its jurisdiction as a
bicycle lane or bicycle route;

(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path
provided that the designation does not destroy a pedestrian way or pedestrian access;

(3) develop and designate bicycle paths;

(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.

(b) A governing body may not prohibit or otherwise restrict operation of an
electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any bikeway,
roadway, or shoulder, unless the governing body determines that operation of the
electric-assisted bicycle is not consistent with (1) the safety or general welfare of bikeway,
roadway, or shoulder users; or (2) the terms of any property conveyance.

new text begin (c) A governing body may not establish a bikeway in a segment of public road
right-of-way that results in elimination or relocation of any disability parking that is
designated under section 169.346, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2016, section 160.295, subdivision 5, is amended to read:


Subd. 5.

Rural agricultural business or tourist-oriented business.

new text begin(a) new text endA rural
agricultural or tourist-oriented business new text beginserviced by a specific service sign new text endmust be open a
minimum of eight hours per day, six days per week, and 12 months per year. deleted text beginHowever,
deleted text end

new text begin (b)new text end A seasonal business deleted text beginmay qualify if it isdeleted text endnew text begin serviced by a specific service sign must benew text end
open eight hours per day and six days per week during the normal seasonal period.

new text begin (c) A farm winery serviced by a specific service sign must:
new text end

new text begin (1) be licensed under section 340A.315;
new text end

new text begin (2) be licensed by the Department of Health under section 157.16 or by the commissioner
of agriculture under section 28A.04;
new text end

new text begin (3) provide continuous, staffed food service operation; and
new text end

new text begin (4) be open at least four hours per day and two days per week.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2016, section 161.115, subdivision 111, is amended to read:


Subd. 111.

Route No. 180.

Beginning at a point on Route No. deleted text begin392 southwest or west
of Ashby
deleted text endnew text begin 3 at or near Erdahlnew text end, thence extending in a general northerly or northeasterly
direction to a point on deleted text beginRoute No. 153 as herein established at or near Ashby, thence extending
in a northeasterly direction to a point on
deleted text end Route No. 181 as herein established at or near
Ottertail.

Sec. 9.

Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:


new text begin Subd. 87. new text end

new text begin Specialist Noah Pierce Bridge. new text end

new text begin The bridge on marked U.S. Highway 53 over
marked Trunk Highway 37 in the city of Eveleth is designated as "Specialist Noah Pierce
Bridge." Subject to section 161.139, the commissioner shall adopt a suitable design to mark
this bridge and erect appropriate signs.
new text end

Sec. 10.

Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:


new text begin Subd. 88. new text end

new text begin Officer Bill Mathews Memorial Highway. new text end

new text begin That segment of marked U.S.
Highway 12 within the city limits of Wayzata is designated as "Officer Bill Mathews
Memorial Highway." Subject to section 161.139, the commissioner shall adopt a suitable
design to mark this highway and erect appropriate signs.
new text end

Sec. 11.

Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:


new text begin Subd. 89. new text end

new text begin Warrant Officer Dennis A. Groth Memorial Bridge. new text end

new text begin The bridge on marked
U.S. Highway 52 over Dakota County State-Aid Highway 42, known as 145th Street within
the city of Rosemount, is designated as "Warrant Officer Dennis A. Groth Memorial Bridge."
Subject to section 161.139, the commissioner shall adopt a suitable design to mark the
bridge and erect appropriate signs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:


new text begin Subd. 90. new text end

new text begin State Trooper Ray Krueger Memorial Highway. new text end

new text begin That segment of marked
Trunk Highway 210 within Cass County is designated as "State Trooper Ray Krueger
Memorial Highway." Subject to section 161.139, the commissioner shall adopt a suitable
design to mark this highway and erect appropriate signs in the vicinity of the location where
Trooper Krueger died.
new text end

Sec. 13.

Minnesota Statutes 2016, section 161.32, subdivision 2, is amended to read:


Subd. 2.

Direct negotiation.

In cases where the estimated cost of construction work or
maintenance work does not exceed deleted text begin$150,000deleted text endnew text begin $250,000new text end, the commissioner may enter into
a contract for the work by direct negotiation, by obtaining two or more quotations for the
work, and without advertising for bids or otherwise complying with the requirements of
competitive bidding if the total contractual obligation of the state for the directly negotiated
contract or contracts on any single project does not exceed deleted text begin$150,000deleted text endnew text begin $250,000new text end. All quotations
obtained shall be kept on file for a period of at least one year after receipt of the quotation.

Sec. 14.

new text begin [161.369] INDIAN EMPLOYMENT PREFERENCE.
new text end

new text begin (a) As authorized by United States Code, title 23, section 140(d), the commissioner of
transportation may implement an Indian employment preference for members of federally
recognized tribes on projects carried out under United States Code, title 23, near an Indian
reservation.
new text end

new text begin (b) For purposes of this section, a project is near a reservation if: (1) the project is within
the distance a person seeking employment could reasonably be expected to commute to and
from each work day; or (2) the commissioner, in consultation with federally recognized
Minnesota tribes, determines a project is near an Indian reservation.
new text end

Sec. 15.

Minnesota Statutes 2016, section 168.10, subdivision 1h, is amended to read:


Subd. 1h.

Collector military vehicle.

(a) A motor vehicle, including a truck, shall be
listed and registered under this section if it meets the following conditions:

(1) it is at least 20 years old;

(2) its first owner following its manufacture was a branch of the armed forces of the
United States and it presently conforms to the vehicle specifications required during the
time of military ownership, or it has been restored and presently conforms to the
specifications required by a branch of the armed forces for the model year that the restored
vehicle could have been owned by that branch of the armed forces; and

(3) it is owned by a nonprofit organization and operated solely as a collector's vehicle.
For purposes of this subdivision, "nonprofit organization" means a corporation, society,
association, foundation, or institution organized and operated exclusively for historical or
educational purposes, no part of the net earnings of which inures to the benefit of a private
individual.

(b) The owner of the vehicle shall execute an affidavit stating the name and address of
the person from whom purchased and of the new owner; the make, year, and model number
of the motor vehicle; the manufacturer's identification number; and the collector military
vehicle identification number, if any, located on the exterior of the vehicle. The affidavit
must affirm that the vehicle is owned by a nonprofit organization and is operated solely as
a collector's item and not for general transportation purposes. If the commissioner is satisfied
that the affidavit is true and correct and the owner pays a $25 tax and the plate fee authorized
under section 168.12, the commissioner shall list the vehicle for taxation and registration
and shall issue number plates. The number plates shall bear the inscriptions "Collector" and
"Minnesota" and the registration number, but no date. The number plates are valid without
renewal as long as the vehicle is in existence in Minnesota. The commissioner may revoke
the plates for failure to comply with this subdivision.

(c) Notwithstanding section 168.09, 168.12, or other law to the contrary, the owner of
a registered collector military vehicle is not required to display registration plates on the
exterior of the vehicle if the vehicle has an exterior number identification that conforms to
the identifying system for military vehicles in effect when the vehicle was last owned by
the branch of the armed forces of the United States or in effect in the year to which the
collector military vehicle has been restored. However, the state registration plates must be
carried in or on the collector military vehicle at all times.

(d) The owner of a registered collector military vehicle that is not required to display
registration plates under paragraph (c) may tow a registered trailer behind it. The trailer is
not required to display registration plates if the trailer:

(1) does not exceed a gross weight of 15,000 pounds;

(2) otherwise conforms to registration, licensing, and safety laws and specifications;

(3) conforms to military specifications for appearance and identification;

(4) is intended to represent and does represent a military trailer; and

(5) carries registration plates on or in the trailer or the collector military vehicle towing
the trailer.

new text begin (e) This subdivision does not apply to a decommissioned military vehicle that (1) was
also manufactured and sold as a comparable civilian vehicle, and (2) has the same size
dimensions and vehicle weight as the comparable civilian vehicle. A decommissioned
military vehicle under this paragraph is eligible for a motor vehicle title under chapter 168A
and is subject to the same registration, insurance, equipment, and operating requirements
as a motor vehicle.
new text end

Sec. 16.

Minnesota Statutes 2016, section 168.101, subdivision 2a, is amended to read:


Subd. 2a.

Failure to deleted text beginsend to registrardeleted text endnew text begin submitnew text end within ten days.

Any person who fails
to mail in the application for registration or transfer with appropriate taxes and fees to thenew text begin
commissioner or a deputy
new text end registrar deleted text beginof motor vehiclesdeleted text endnew text begin,new text end or otherwise fails to submit deleted text beginsaiddeleted text endnew text begin thenew text end
forms and remittance deleted text beginto the registrardeleted text endnew text begin,new text end within ten days following date of sale deleted text beginshall bedeleted text endnew text begin isnew text end guilty
of a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 17.

Minnesota Statutes 2016, section 168.127, subdivision 6, is amended to read:


Subd. 6.

Fee.

deleted text beginInstead of the filing fee described in section 168.33, subdivision 7,deleted text endnew text begin For
each vehicle in the fleet,
new text end the applicant for fleet registration shall paynew text begin:
new text end

new text begin (1) the filing fee in section 168.33, subdivision 7, for transactions processed by a deputy
registrar; or
new text end

new text begin (2)new text end an deleted text beginequivalentdeleted text end administrative fee deleted text beginto thedeleted text endnew text begin for transactions processed by thenew text end commissioner
deleted text begin for each vehicle in the fleetdeleted text endnew text begin, which is imposed in lieu of but in the same amount as the filing
fee in section 168.33, subdivision 7
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 18.

Minnesota Statutes 2016, section 168.326, is amended to read:


168.326 EXPEDITED DRIVER AND VEHICLE SERVICES; FEE.

(a) When an applicant requests and pays an expedited service fee of $20, in addition to
other specified and statutorily mandated fees and taxes, the commissionernew text begin or, if appropriate,
a driver's license agent or deputy registrar,
new text end shall expedite the processing of an application
for a driver's license, driving instruction permit, Minnesota identification card, or vehicle
title transaction.

(b) A driver's license agent or deputy registrar may retain $10 of the expedited service
fee for each expedited service request processed by the licensing agent or deputy registrar.

(c) When expedited service is requested, materials must be mailed or delivered to the
requester within three days of receipt of the expedited service fee excluding Saturdays,
Sundays, or the holidays listed in section 645.44, subdivision 5. The requester shall comply
with all relevant requirements of the requested document.

(d) The commissioner may decline to accept an expedited service request if it is apparent
at the time it is made that the request cannot be granted.new text begin The commissioner must not decline
an expedited service request and must not prevent a driver's license agent or deputy from
accepting an expedited service request solely on the basis of limitations of the driver and
vehicle services information technology system.
new text end

(e) The expedited service fees collected under this section for an application for a driver's
license, driving instruction permit, or Minnesota identification card minus any portion
retained by a licensing agent or deputy registrar under paragraph (b) must be paid into the
driver services operating account in the special revenue fund specified under section
299A.705.

(f) The expedited service fees collected under this section for a transaction for a vehicle
service minus any portion retained by a licensing agent or deputy registrar under paragraph
(b) must be paid into the vehicle services operating account in the special revenue fund
specified under section 299A.705.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 1, 2019.
new text end

Sec. 19.

Minnesota Statutes 2016, section 168.33, is amended by adding a subdivision to
read:


new text begin Subd. 8b. new text end

new text begin Transactions by mail. new text end

new text begin A deputy registrar may receive motor vehicle
applications and submissions under this chapter and chapter 168A by mail, process the
transactions, and retain the appropriate filing fee under subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 20.

new text begin [168.335] DEPUTY REGISTRAR REIMBURSEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Reimbursement grants. new text end

new text begin (a) By August 1 of a fiscal year in which funds
are specifically made available for purposes of this section, the commissioner of management
and budget must provide reimbursement grants to deputy registrars.
new text end

new text begin (b) The commissioner must use existing resources to administer the reimbursements.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin A deputy registrar office operated by the state is not eligible to
receive funds under this section.
new text end

new text begin Subd. 3. new text end

new text begin Aid distribution. new text end

new text begin (a) The reimbursement grant to each deputy registrar, as
identified by the Driver and Vehicle Services-designated office location number, is calculated
as follows:
new text end

new text begin (1) 50 percent of available funds allocated proportionally based on (i) the number of
transactions where a filing fee under section 168.33, subdivision 7, is retained by each
deputy registrar during the preceding fiscal year, compared to (ii) the total number of
transactions where a filing fee is retained by all deputy registrars during that time period;
and
new text end

new text begin (2) 50 percent of available funds allocated proportionally based on (i) the number of
transactions where a filing fee is retained by each deputy registrar from July 1, 2014, through
June 30, 2017, compared to (ii) the total number of transactions where a filing fee is retained
by all deputy registrars during that time period.
new text end

new text begin (b) For a deputy registrar appointed after July 1, 2014, the commissioner of management
and budget must identify whether a corresponding discontinued deputy registrar appointment
exists. If a corresponding discontinued deputy registrar is identified, the commissioner must
include the transactions of the discontinued deputy registrar in the calculations under
paragraph (a) for the deputy registrar appointed after July 1, 2014.
new text end

new text begin (c) For a deputy registrar appointed after July 1, 2014, for which paragraph (b) does not
apply, the commissioner of management and budget must calculate that deputy registrar's
proportional share under paragraph (a), clause (2), based on the average number of
transactions where a filing fee is retained among the deputy registrars, as calculated excluding
any deputy registrars for which this paragraph applies.
new text end

new text begin (d) In the calculations under paragraph (a), the commissioner of management and budget
must exclude transactions for (1) a deputy registrar office operated by the state, and (2) a
discontinued deputy registrar for which paragraph (b) does not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2016, section 168.345, subdivision 2, is amended to read:


Subd. 2.

Lessees; information.

The commissioner may not furnish information about
registered owners of passenger automobiles who are lessees under a lease for a term of 180
days or more to any person except the personnel of law enforcement agencies deleted text beginanddeleted text endnew text begin, trade
associations performing a member service under section 604.15, subdivision 4a,
new text end federal,
state, and local governmental units, and, at the commissioner's discretion, to persons who
use the information to notify lessees of automobile recalls. The commissioner may release
information about lessees in the form of summary data, as defined in section 13.02, to
persons who use the information in conducting statistical analysis and market research.

Sec. 22.

Minnesota Statutes 2016, section 168A.02, subdivision 1, is amended to read:


Subdivision 1.

Application for certificate of title.

new text begin(a) new text endExcept as provided in section
168A.03, every owner of a vehicle which is in this state and for which no currently effective
certificate of title has been issued in this state shall make application to the department for
a certificate of title of the vehicle, pursuant to rules adopted by the department under section
168A.24, subdivision 2, clause deleted text begin3deleted text endnew text begin (3)new text end.

new text begin (b) A decommissioned military vehicle that (1) was also manufactured and sold as a
comparable civilian vehicle, and (2) has the same size dimensions and vehicle weight as
the comparable civilian vehicle, is eligible for a certificate of title under this chapter.
new text end

Sec. 23.

Minnesota Statutes 2016, section 168A.151, subdivision 1, is amended to read:


Subdivision 1.

Salvage titles.

(a) When an insurer, licensed to conduct business in
Minnesota, acquires ownership of a deleted text beginlate-model or high-valuedeleted text end vehicle through payment of
damages, the insurer shall immediately apply for a salvage certificate of title or shall stamp
the existing certificate of title with the legend "SALVAGE CERTIFICATE OF TITLE" in
a manner prescribed by the department. Within ten days of obtaining the title of a vehicle
through payment of damages, an insurer must notify the department in a manner prescribed
by the department.

(b) A person shall immediately apply for a salvage certificate of title if the person acquires
a damaged deleted text beginlate-model or high-valuedeleted text end vehicle with an out-of-state title and the vehicle:

(1) is a vehicle that was acquired by an insurer through payment of damages;

(2) is a vehicle for which the cost of repairs exceeds the value of the damaged vehicle;
or

(3) has an out-of-state salvage certificate of title as proof of ownership.

(c) A self-insured owner of a deleted text beginlate-model or high-valuedeleted text end vehicle that sustains damage by
collision or other occurrence which exceeds 80 percent of its actual cash value shall
immediately apply for a salvage certificate of title.

Sec. 24.

Minnesota Statutes 2016, section 168A.29, subdivision 1, is amended to read:


Subdivision 1.

Amounts.

(a) The department must be paid the following fees:

(1) for filing an application for and the issuance of an original certificate of title, deleted text beginthe
sum of:
deleted text end

deleted text begin (i) until December 31, 2016, $6.25 of which $3.25 must be paid into the vehicle services
operating account of the special revenue fund under section 299A.705, and from July 1,
2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver
and vehicle services technology account; and
deleted text end

deleted text begin (ii) on and after January 1, 2017,deleted text end $8.25new text begin,new text end of which $4.15 must be paid into the vehicle
services operating accountnew text begin under section 299A.705new text end;

(2) for each security interest when first noted upon a certificate of title, including the
concurrent notation of any assignment thereof and its subsequent release or satisfaction, deleted text beginthe
sum of
deleted text end $2, except that no fee is due for a security interest filed by a public authority under
section 168A.05, subdivision 8;

deleted text begin (3) until December 31, 2016, for the transfer of the interest of an owner and the issuance
of a new certificate of title, the sum of $5.50 of which $2.50 must be paid into the vehicle
services operating account of the special revenue fund under section 299A.705, and from
July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to
the driver and vehicle services technology account;
deleted text end

deleted text begin (4)deleted text end new text begin(3) new text endfor each assignment of a security interest when first noted on a certificate of title,
unless noted concurrently with the security interest, deleted text beginthe sum ofdeleted text end $1; and

deleted text begin (5)deleted text endnew text begin (4)new text end for issuing a duplicate certificate of title, deleted text beginthe sum ofdeleted text end $7.25new text begin,new text end of which $3.25 must
be paid into the vehicle services operating account deleted text beginof the special revenue funddeleted text end under section
299A.705deleted text begin; from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee
and credited to the driver and vehicle services technology account
deleted text end.

(b) In addition to the fee required under paragraph (a), clause (1), the department must
be paid $3.50. The additional $3.50 fee collected under this paragraph must be deposited
in the special revenue fund and credited to the public safety motor vehicle account established
in section 299A.70.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 25.

Minnesota Statutes 2016, section 169.011, subdivision 5, is amended to read:


Subd. 5.

Bicycle lane.

"Bicycle lane" means a portion of a roadway deleted text beginor shoulderdeleted text end designed
for exclusive or preferential use by persons using bicycles. Bicycle lanes are to be
distinguished from the portion of the roadway deleted text beginor shoulderdeleted text end used for motor vehicle traffic by
physical barrier, striping, marking, or other similar device.

Sec. 26.

Minnesota Statutes 2016, section 169.011, subdivision 9, is amended to read:


Subd. 9.

Bikeway.

"Bikeway" means a bicycle lane, bicycle path, deleted text beginordeleted text end bicycle route,new text begin shared
use path, or similar bicycle facility,
new text end regardless of whether it is designed for the exclusive
use of bicycles or deleted text beginis to bedeleted text endnew text begin fornew text end sharednew text begin usenew text end with other transportation modes.

Sec. 27.

Minnesota Statutes 2016, section 169.011, subdivision 60, is amended to read:


Subd. 60.

Railroad train.

"Railroad train" means a steam engine, electric or other motor,
with or without cars coupled thereto, operated upon rails, except streetcars.new text begin Railroad train
includes on-track equipment or other rolling stock operated upon rails that activate automatic
railroad-highway grade crossing warning signals or gates, whether the on-track equipment
or rolling stock is self-propelled or coupled to another device. This definition applies only
to on-track equipment that activates automatic railroad-highway grade crossing warning
signals or gates. Equipment used on rails that does not activate automatic railroad-highway
grade crossing warning signals or gates is excluded from this definition, and operators must
exercise due regard for the safety of persons and vehicles using the railroad-highway grade
crossing.
new text end

Sec. 28.

Minnesota Statutes 2016, section 169.06, subdivision 4a, is amended to read:


Subd. 4a.

Obedience to work zone flagger; violation, penalty.

(a) A flagger in a work
zone may stop vehicles and hold vehicles in place until it is safe for the vehicles to proceed.
A person operating a motor vehicle that has been stopped by a flagger in a work zone may
proceed after stopping only on instruction by the flagger or a police officer.

(b) A person convicted of operating a motor vehicle in violation of a speed limit in a
work zone, or any other provision of this section while in a work zone, deleted text beginshall be required todeleted text end
new text begin mustnew text end pay a fine of $300. This fine is in addition to the surcharge under section 357.021,
subdivision 6
.

(c) If a motor vehicle is operated in violation of paragraph (a), the owner of the vehicle,
or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty misdemeanor and
is subject to a fine as provided in paragraph (b). The owner or lessee may not be fined under
this paragraph if (1) another person is convicted for that violation, or (2) the motor vehicle
was stolen at the time of the violation. This paragraph does not apply to a lessor of a motor
vehicle if the lessor keeps a record of the name and address of the lessee.

(d) Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle operator
for violating paragraph (a).

(e) A violation under paragraph (c) does not constitute grounds for revocation or
suspension of a driver's license.

new text begin (f) A road authority or its agent must place at the site of a work zone a temporary sign
that meets the requirements for uniform traffic-control devices under subdivision 1. At a
minimum, the sign must warn motorists of fines for a violation of this subdivision and
identify the fine amount established in paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to violations
that occur on or after that date.
new text end

Sec. 29.

Minnesota Statutes 2016, section 169.18, subdivision 3, is amended to read:


Subd. 3.

Passing.

deleted text begin The following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations, exceptions, and special rules
hereinafter stated:
deleted text end

deleted text begin (1)deleted text endnew text begin (a)new text end The driver of a vehicle overtaking another vehicle proceeding in the same direction
deleted text begin shalldeleted text endnew text begin mustnew text end pass to the left deleted text beginthereofdeleted text endnew text begin of the other vehiclenew text end at a safe distance and deleted text beginshall not again
drive
deleted text endnew text begin is prohibited from returningnew text end to the right side of the roadway until safely clear of the
overtaken vehicledeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (2)deleted text endnew text begin (b)new text end Except when overtaking and passing on the right is permitted, the driver of an
overtaken vehicle deleted text beginshalldeleted text endnew text begin mustnew text end give way to the right in favor of the overtaking vehicle deleted text beginon
audible warning,
deleted text end and deleted text beginshalldeleted text endnew text begin mustnew text end not increase deleted text beginthedeleted text end speed deleted text beginof the overtaken vehicledeleted text end until
completely passed by the overtaking vehicledeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3)deleted text endnew text begin (c)new text end The operator of a motor vehicle overtaking a bicycle or individual proceeding in
the same direction on the roadway deleted text beginshall leavedeleted text end new text beginor shoulder must:
new text end

new text begin (1) either (i) maintainnew text end a safenew text begin clearancenew text end distancenew text begin while passingnew text end, but in no case less than
three feet deleted text beginclearance, when passing the bicycle or individualdeleted text endnew text begin or one-half the width of the
motor vehicle, whichever is greater; or (ii) completely enter another lane of the roadway
while passing;
new text end and deleted text beginshall
deleted text end

new text begin (2)new text end maintain clearance untilnew text begin the motor vehicle hasnew text end safely deleted text beginpastdeleted text endnew text begin passednew text end the overtaken bicycle
or individual.

Sec. 30.

Minnesota Statutes 2016, section 169.222, subdivision 1, is amended to read:


Subdivision 1.

Traffic laws apply.

new text begin(a) new text endEvery person operating a bicycle deleted text beginshall havedeleted text endnew text begin hasnew text end
all of the rights and duties applicable to the driver of any other vehicle by this chapter,
except in respect to those provisions in this chapter relating expressly to bicycles and in
respect to those provisions of this chapter which by their nature cannot reasonably be applied
to bicycles.new text begin This subdivision applies to a bicycle operating on the shoulder of a roadway.
new text end

new text begin (b) A person lawfully operating a bicycle (1) on a sidewalk, or (2) across a roadway or
shoulder on a crosswalk, has all the rights and duties applicable to a pedestrian under the
same circumstances.
new text end

Sec. 31.

Minnesota Statutes 2016, section 169.222, subdivision 4, is amended to read:


Subd. 4.

Riding rules.

(a) Every person operating a bicycle deleted text beginupon a roadway shalldeleted text endnew text begin on a
road must
new text end ride as close deleted text beginas practicabledeleted text end to the right-hand curb or edge of the deleted text beginroadway except
under any of the following situations
deleted text endnew text begin road as the bicycle operator determines is safe. A
person operating a bicycle is not required to ride as close to the right-hand curb when
new text end:

(1) deleted text beginwhendeleted text end overtaking and passing another vehicle proceeding in the same direction;

(2) deleted text beginwhendeleted text end preparing for a left turn at an intersection or into a private road or driveway;

(3) deleted text beginwhendeleted text end reasonably necessary to avoid conditionsnew text begin that make it unsafe to continue along
the right-hand curb or edge
new text end, including fixed or moving objects, vehicles, pedestrians, animals,
surface hazards, or narrow width lanesdeleted text begin, that make it unsafe to continue along the right-hand
curb or edge
deleted text end; deleted text beginor
deleted text end

(4) deleted text beginwhendeleted text end operating on the shoulder of a roadway or in a bicycle lanenew text begin; or
new text end

new text begin (5) operating in a right-hand turn lane before entering an intersectionnew text end.

(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle deleted text beginshalldeleted text endnew text begin operator mustnew text end
travel in the same direction as adjacent vehicular traffic.

(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two
abreast and shall not impede the normal and reasonable movement of traffic and, on a laned
roadway, shall ride within a single lane.

(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a
crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal
when necessary before overtaking and passing any pedestrian. No person shall ride a bicycle
upon a sidewalk within a business district unless permitted by local authorities. Local
authorities may prohibit the operation of bicycles on any sidewalk or crosswalk under their
jurisdiction.

(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe
distance when overtaking a bicycle or individual proceeding in the same direction on the
bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.

deleted text begin (f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder
on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same
circumstances.
deleted text end

deleted text begin (g)deleted text end new text begin(f) new text endA person may operate an electric-assisted bicycle on the shoulder of a roadway,
on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015,
subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph
(b), as applicable.

new text begin (g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an
intersection proceeding from a dedicated right-hand turn lane without turning right.
new text end

Sec. 32.

Minnesota Statutes 2016, section 169.26, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) Except as provided in section 169.28, subdivision 1,
when any person driving a vehicle approaches a railroad grade crossing under any of the
circumstances stated in this paragraph, the driver shall stop the vehicle not less than ten feet
from the nearest railroad track and shall not proceed until safe to do so and until the roadway
is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle
is at least ten feet past the farthest railroad track. These requirements apply when:

(1) a clearly visible electric or mechanical signal device warns of the immediate approach
of a railroad train; or

(2) an approaching railroad train is plainly visible and is in hazardous proximity.

(b) The fact that a movingnew text begin railroadnew text end train approaching a railroad grade crossing is visible
from the crossing is prima facie evidence that it is not safe to proceed.

(c) The driver of a vehicle shall stop and remain stopped and not traverse the grade
crossing when a human flagger signals the approach or passage of anew text begin railroadnew text end train or when
a crossing gate is lowered warning of the immediate approach or passage of a railroad train.
No person may drive a vehicle past a flagger at a railroad crossing until the flagger signals
that the way is clear to proceed or drive a vehicle past a lowered crossing gate.

Sec. 33.

Minnesota Statutes 2016, section 169.28, is amended to read:


169.28 CERTAIN VEHICLES TO STOP AT RAILROAD CROSSING.

Subdivision 1.

Requirements.

(a) The driver of any motor vehicle carrying passengers
for hire, or of any school bus whether carrying passengers or not, or of any Head Start bus
whether carrying passengers or not, or of any vehicle that is required to stop at railroad
grade crossings under Code of Federal Regulations, title 49, section 392.10, before crossing
at grade any track or tracks of a railroad, shall stop the vehicle not less than 15 feet nor more
than 50 feet from the nearest rail of the railroad and while so stopped shall listen and look
in both directions along the track for any approachingnew text begin railroadnew text end train, and for signals indicating
the approach of anew text begin railroadnew text end train, except as deleted text beginhereinafterdeleted text endnew text begin otherwisenew text end provideddeleted text begin, anddeleted text endnew text begin in this section.
The driver
new text end shall not proceed until safe to do so and until the roadway is clear of traffic so
that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet
past the farthest railroad track. The driver must not shift gears while crossing the railroad
tracks.

(b) A school bus or Head Start bus shall not be flagged across railroad grade crossings
except at those railroad grade crossings that the local school administrative officer may
designate.

(c) A type III vehicle, as defined in section 169.011, is exempt from the requirement of
school buses to stop at railroad grade crossings.

(d) The requirements of this subdivision do not apply to the crossing of light rail vehicle
track or tracks that are located in a public street when:

(1) the crossing occurs within the intersection of two or more public streets;

(2) the intersection is controlled by a traffic-control signal; and

(3) the intersection is marked with signs indicating to drivers that the requirements of
this subdivision do not apply. Notwithstanding any other provision of law, the owner or
operator of the track or tracks is authorized to place, maintain, and display the signs upon
and in the view of the public street or streets.

Subd. 2.

Exempt crossing.

(a) The commissioner may designate a crossing as an exempt
crossing:

(1) if the crossing is on a rail line on which service has been abandoned;

(2) if the crossing is on a rail line that carries fewer than five trains each year, traveling
at speeds of ten miles per hour or less; or

(3) as agreed to by the operating railroad and the Department of Transportation, following
a diagnostic review of the crossing.

(b) The commissioner shall direct the railroad to erect at the crossing signs bearing the
word "Exempt" that conform to section 169.06. The installation or presence of an exempt
sign does not relieve a driver of the duty to use due care.

new text begin (c) new text endAnew text begin railroadnew text end train must not proceed across an exempt crossing unless a police officer
is present to direct traffic or a railroad employee is on the ground to warn traffic until thenew text begin
railroad
new text end train enters the crossing.

deleted text begin (c)deleted text endnew text begin (d)new text end A vehicle that must stop at grade crossings under subdivision 1 is not required
to stop at a marked exempt crossing unless directed otherwise by a police officer or a railroad
employee.

Sec. 34.

Minnesota Statutes 2016, section 169.29, is amended to read:


169.29 CROSSING RAILROAD TRACKS WITH CERTAIN EQUIPMENT.

(a) No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller,
or any equipment or structure having a normal operating speed of six or less miles per hour
or a vertical body or load clearance of less than nine inches above the level surface of a
roadway upon or across any tracks at a railroad grade crossing without first complying with
this section.

(b) Before making any crossing, the person operating or moving any vehicle or equipment
set forth in this section shall first stop the same not less than ten, nor more than 50, feet
from the nearest rail of the railway, and while so stopped shall listen and look in both
directions along the track for any approachingnew text begin railroadnew text end train and for signals indicating the
approach of anew text begin railroadnew text end train, and shall not proceed until the crossing can be made safely.

(c) No crossing shall be made when warning is given by automatic signal or crossing
gates or a flagger or otherwise of the immediate approach of a railroad train or car.

(d) No stop need be made at a crossing on a rail line on which service has been abandoned
and where a sign erected in conformance with section 169.06 and bearing the word "Exempt"
has been installed, unless directed otherwise by a flagger. The installation or presence of
an exempt sign shall not relieve any driver of the duty to use due care.

Sec. 35.

Minnesota Statutes 2016, section 169.345, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) For the purpose of section 168.021 and this section, the following
terms have the meanings given them in this subdivision.

(b) "Health professional" means a licensed physician, licensed physician assistant,
advanced practice registered nurse, new text beginlicensed physical therapist, new text endor licensed chiropractor.

(c) "Long-term certificate" means a certificate issued for a period greater than 12 months
but not greater than 71 months.

(d) "Organization certificate" means a certificate issued to an entity other than a natural
person for a period of three years.

(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the
certificate referred to in subdivision 3, while the application is being processed.

(f) "Physically disabled person" means a person who:

(1) because of disability cannot walk without significant risk of falling;

(2) because of disability cannot walk 200 feet without stopping to rest;

(3) because of disability cannot walk without the aid of another person, a walker, a cane,
crutches, braces, a prosthetic device, or a wheelchair;

(4) is restricted by a respiratory disease to such an extent that the person's forced
(respiratory) expiratory volume for one second, when measured by spirometry, is less than
one liter;

(5) has an arterial oxygen tension (PaO2) of less than 60 mm/Hg on room air at rest;

(6) uses portable oxygen;

(7) has a cardiac condition to the extent that the person's functional limitations are
classified in severity as class III or class IV according to standards set by the American
Heart Association;

(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or

(9) has a disability that would be aggravated by walking 200 feet under normal
environmental conditions to an extent that would be life threatening.

(g) "Short-term certificate" means a certificate issued for a period greater than six months
but not greater than 12 months.

(h) "Six-year certificate" means a certificate issued for a period of six years.

(i) "Temporary certificate" means a certificate issued for a period not greater than six
months.

Sec. 36.

Minnesota Statutes 2017 Supplement, section 169.442, subdivision 5, is amended
to read:


Subd. 5.

White strobe lamps on certain buses transporting children.

deleted text beginNotwithstanding
section 169.55, subdivision 1, or 169.57, subdivision 3, paragraph (b), or other law to the
contrary,
deleted text end A school bus deleted text beginthat is subject to and complies with the equipment requirements of
subdivision 1 and section 169.441, subdivision 1,
deleted text end or a Head Start busdeleted text begin,deleted text end may be equipped
with a flashing strobe lampnew text begin under section 169.64, subdivision 8new text end.

Sec. 37.

Minnesota Statutes 2016, section 169.442, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Supplemental warning system. new text end

new text begin In addition to the signals required under
subdivision 1, a type A, B, C, or D school bus may be equipped with a supplemental warning
system under section 169.4503, subdivision 31.
new text end

Sec. 38.

Minnesota Statutes 2016, section 169.448, subdivision 1, is amended to read:


Subdivision 1.

Restrictions on appearance; misdemeanor.

(a) A bus that is not used
as a school bus may not be operated on a street or highway unless it is painted a color
significantly different than national school bus glossy yellow.

(b) A bus that is not used as a school bus or Head Start bus may not be operated if it is
equipped with school bus or Head Start bus-related equipment and printing.

(c) A violation of this subdivision is a misdemeanor.

(d) This subdivision does not apply to a school bus owned by or under contract to a
school district operated as a charter or leased bus.

(e) This subdivision does not apply to a school bus operated by a licensed child care
provider if:

(1) the deleted text beginstopdeleted text endnew text begin stop-signalnew text end arm is removed;

(2) the deleted text begineight-light system isdeleted text endnew text begin lighting systems for prewarning flashing amber signals,
flashing red signals, and supplemental warnings under section 169.4503, subdivision 31,
are
new text end deactivated;

(3) the school bus is identified as a "child care bus" in letters at least eight inches high
on the front and rear top of the bus;

(4) the name, address, and telephone number of the owner or operator of the bus is
identified on each front door of the bus in letters not less than three inches high; and

(5) the conditions under section 171.02, subdivision 2a, paragraphs (a) deleted text beginthroughdeleted text endnew text begin tonew text end (j)deleted text begin,deleted text endnew text begin
and
new text end (l), deleted text beginand (n),deleted text end have been met.

Sec. 39.

Minnesota Statutes 2016, section 169.4503, subdivision 5, is amended to read:


Subd. 5.

Colors.

Fenderettes may be black. The beltline may be painted yellow over
black or black over yellow. The rub rails deleted text beginshalldeleted text endnew text begin mustnew text end be blacknew text begin or yellownew text end. The area around
the lenses of alternately flashing signal lamps extending outward from the edge of the lamp
three inches, plus or minus one-quarter inch, to the sides and top and at least one inch to
the bottom, deleted text beginshalldeleted text endnew text begin mustnew text end be black. Visors or hoods, black in color, with a minimum of four
inches may be provided.

Sec. 40.

Minnesota Statutes 2016, section 169.4503, subdivision 13, is amended to read:


Subd. 13.

Identification.

(a) Each bus deleted text beginshalldeleted text endnew text begin mustnew text end, in the beltline, identify the school
district serviced, or company name, or owner of the bus. Numbers necessary for identification
must appear on the sides and rear of the bus. Symbols or letters may be used on the outside
of the bus near the entrance door for student identification. A manufacturer's nameplate or
logo may be placed on the bus.

(b) deleted text beginEffective December 31, 1994,deleted text end All type A, B, C, and D buses sold must display
lettering "Unlawful to pass when red lights are flashing" on the rear of the bus. The lettering
deleted text begin shalldeleted text endnew text begin mustnew text end be in two-inch black letters on school bus yellow background. This message deleted text beginshalldeleted text endnew text begin
must
new text end be displayed directly below the upper window of the rear door. On rear engine buses,
it deleted text beginshalldeleted text endnew text begin mustnew text end be centered at approximately the same location. Only signs and lettering
approved or required by state law deleted text beginmaydeleted text endnew text begin are permitted tonew text end be displayed.

new text begin (c) The requirements of paragraph (b) do not apply to a type A, B, C, or D school bus
that is equipped with a changeable electronic message sign on the rear of the bus that:
new text end

new text begin (1) displays one or more of the messages: "Caution / stopping," "Unlawful to pass,"
"Stop / do not pass," or similar messages approved by the commissioner;
new text end

new text begin (2) displays messages in conjunction with bus operation and activation of prewarning
flashing amber signals, flashing red signals, or stop-signal arm, as appropriate; and
new text end

new text begin (3) is a supplemental warning system under section 169.4503, subdivision 31.
new text end

Sec. 41.

Minnesota Statutes 2016, section 169.4503, is amended by adding a subdivision
to read:


new text begin Subd. 31. new text end

new text begin Supplemental warning system; temporary authority. new text end

new text begin (a) Prior to August
1, 2021, the commissioner may approve a type A, B, C, or D school bus to be equipped
with a supplemental warning system. On and after that date, a school bus may continue to
be equipped with a previously approved supplemental warning system.
new text end

new text begin (b) To determine approval of a supplemental warning system, the commissioner must
consider:
new text end

new text begin (1) signal colors, which are limited to one or more of the colors white, amber, and red;
new text end

new text begin (2) flashing patterns;
new text end

new text begin (3) vehicle mounting and placement;
new text end

new text begin (4) supplemental warning system activation in conjunction with activation of prewarning
flashing amber signals, stop-signal arm, and flashing red signals;
new text end

new text begin (5) light intensity; and
new text end

new text begin (6) permissible text, signage, and graphics, if any.
new text end

new text begin (c) The commissioner must review relevant research findings and experience in other
jurisdictions, and must consult with interested stakeholders, including but not limited to
representatives from school district pupil transportation directors, private school bus
operators, and pupil transportation and traffic safety associations.
new text end

Sec. 42.

Minnesota Statutes 2016, section 169.475, subdivision 2, is amended to read:


Subd. 2.

deleted text beginProhibitiondeleted text endnew text begin Prohibitionsnew text end on use; penalty.

(a) deleted text beginNodeleted text endnew text begin When a motor vehicle is in
motion or a part of traffic, the
new text end person deleted text beginmay operate a motordeleted text endnew text begin operating thenew text end vehicle deleted text beginwhiledeleted text endnew text begin is
prohibited from
new text end using a wireless communications device to compose, read, or send an
electronic messagedeleted text begin, when the vehicle is in motion or a part of trafficdeleted text end.

(b)new text begin When a motor vehicle is in motion or a part of traffic while workers are present in
a work zone, the person operating the vehicle is prohibited from using a wireless
communications device for any purpose, including but not limited to making a cellular
phone call.
new text end

new text begin (c)new text end A person who violates deleted text beginparagraph (a)deleted text endnew text begin this subdivisionnew text end a second or subsequent time
must pay a fine of $225, plus the amount specified in the uniform fine schedule established
by the Judicial Council.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to violations
that occur on or after that date.
new text end

Sec. 43.

Minnesota Statutes 2016, section 169.475, subdivision 3, is amended to read:


Subd. 3.

Exceptions.

new text begin(a) new text endThis section does not apply if a wireless communications device
is used:

(1) solely in a voice-activated or other hands-free mode;

(2) deleted text beginfor makingdeleted text endnew text begin to makenew text end a cellular phone call;

(3) deleted text beginfor obtainingdeleted text endnew text begin to obtainnew text end emergency assistance to (i) report a traffic accident, medical
emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;

(4) in the reasonable belief that a person's life or safety is in immediate danger; or

(5) in an authorized emergency vehicle while in the performance of official duties.

new text begin (b) The exception in paragraph (a), clause (2), does not apply to the prohibition in
subdivision 2, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to violations
that occur on or after that date.
new text end

Sec. 44.

Minnesota Statutes 2016, section 169.55, subdivision 1, is amended to read:


Subdivision 1.

Lights or reflectors required.

At the times when lighted lamps on
vehicles are required each vehicle including an animal-drawn vehicle and any vehicle
specifically excepted in sections 169.47 to 169.79, with respect to equipment and not
hereinbefore specifically required to be equipped with lamps, shall be equipped with one
or more lighted lamps or lanterns projecting a white light visible from a distance of 500 feet
to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a
distance of 500 feet to the rear, except that reflectors meeting the maximum requirements
of this chapter may be used in lieu of the lights required in this subdivision. deleted text beginIt shall be
unlawful except as otherwise provided in this subdivision, to project a white light to the
rear of any such vehicle while traveling on any street or highway, unless such vehicle is
moving in reverse. A lighting device mounted on top of a vehicle engaged in deliveries to
residences may project a white light to the rear if the sign projects one or more additional
colors to the rear. An authorized emergency vehicle may display an oscillating, alternating,
or rotating white light used in connection with an oscillating, alternating, or rotating red
light when responding to emergency calls.
deleted text end

Sec. 45.

Minnesota Statutes 2016, section 169.57, subdivision 3, is amended to read:


Subd. 3.

Maintenance.

(a) When a vehicle is equipped with stop lamps or signal lamps,
deleted text begin suchdeleted text endnew text begin thenew text end lamps deleted text beginshalldeleted text endnew text begin mustnew text end at all times be maintained in good working condition.

(b) deleted text beginNo stop lamps or signal lamp shall project a glaring or dazzling light.
deleted text end

deleted text begin (c)deleted text end All mechanical signal devices deleted text beginshalldeleted text endnew text begin mustnew text end be self-illumined when in use at the times
when lighted lamps on vehicles are required.

Sec. 46.

Minnesota Statutes 2016, section 169.64, subdivision 3, is amended to read:


Subd. 3.

Flashing lightsnew text begin; glaring lightsnew text end.

new text begin(a) new text endFlashing lights are prohibited, exceptnew text begin:
new text end

new text begin (1)new text end on an authorized emergency vehicle, school bus, bicycle as provided in section
169.222, subdivision 6, road maintenance equipment, tow truck or towing vehiclenew text begin as provided
in section 168B.16
new text end, service vehicle, farm tractor, self-propelled farm equipment, rural mail
carrier vehicle, new text beginor new text endfuneral home vehicledeleted text begin, ordeleted text endnew text begin;
new text end

new text begin (2)new text end on any vehicle as a means of indicating a right or left turn, or the presence of a
vehicular traffic hazard requiring unusual care in approaching, overtaking, or passingdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) as otherwise provided in this section.
new text end

new text begin (b) new text endAll flashing warning lights deleted text beginshalldeleted text endnew text begin mustnew text end be of the type authorized by section 169.59,
subdivision 4
, unless otherwise permitted or required in this chapter.

new text begin (c) A stop lamp or signal lamp is prohibited from projecting a glaring or dazzling light,
except for:
new text end

new text begin (1) strobe lamps as provided under subdivision 8 or section 169.59, subdivision 4; or
new text end

new text begin (2) a school bus equipped with a supplemental warning system under section 169.4503,
subdivision 31.
new text end

Sec. 47.

Minnesota Statutes 2016, section 169.64, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin White light. new text end

new text begin (a) It is unlawful to project a white light at the rear of a vehicle
while traveling on any street or highway, except:
new text end

new text begin (1) for a vehicle moving in reverse;
new text end

new text begin (2) for a school bus equipped with a supplemental warning system under section
169.4503, subdivision 31;
new text end

new text begin (3) for a strobe lamp as provided under subdivision 8;
new text end

new text begin (4) as required for license plate illumination under section 169.50, subdivision 2;
new text end

new text begin (5) as provided in section 169.59, subdivision 4; and
new text end

new text begin (6) as otherwise provided in this subdivision.
new text end

new text begin (b) A lighting device mounted on top of a vehicle engaged in deliveries to residences
may project a white light to the rear if the sign projects one or more additional colors to the
rear.
new text end

new text begin (c) An authorized emergency vehicle may display an oscillating, alternating, or rotating
white light used in connection with an oscillating, alternating, or rotating red light when
responding to emergency calls.
new text end

Sec. 48.

Minnesota Statutes 2017 Supplement, section 169.64, subdivision 8, is amended
to read:


Subd. 8.

Strobe lamp.

(a) Notwithstanding deleted text beginsections 169.55, subdivision 1; 169.57,
subdivision 3
, paragraph (b); or
deleted text end any other law to the contrary, a vehicle may be equipped
with a 360-degree flashing strobe lamp that emits a white light with a flash rate of 60 to
120 flashes a minute, and the lamp may be used as provided in this subdivision, if the vehicle
is:

(1) a school bus that is subject to and complies with the equipment requirements ofdeleted text begin
sections 169.441, subdivision 1, and
deleted text endnew text begin sectionnew text end 169.442, subdivision 1, or a Head Start bus.
The lamp must operate from a separate switch containing an indicator lamp to show when
the strobe lamp is in use; or

(2) a road maintenance vehicle owned or under contract to the Department of
Transportation or a road authority of a county, home rule or statutory city, or town, but the
strobe lamp may only be operated while the vehicle is actually engaged in snow removal
during daylight hours.

(b) Notwithstanding deleted text beginsections 169.55, subdivision 1; 169.57, subdivision 3, paragraph
(b); or
deleted text end any other law to the contrary, a vehicle may be equipped with a 360-degree flashing
strobe lamp that emits an amber light with a flash rate of 60 to 120 flashes a minute, and
the lamp may be used as provided in this subdivision, if the vehicle is a rural mail carrier
vehicle, provided that the strobe lamp is mounted at the highest practicable point on the
vehicle. The strobe lamp may only be operated while the vehicle is actually engaged during
daylight hours in the delivery of mail to residents on a rural mail route.

(c) A strobe lamp authorized by this deleted text beginsection shalldeleted text endnew text begin subdivision mustnew text end be of a double flash
type certified to the commissioner of public safety by the manufacturer as being weatherproof
and having deleted text begina minimumdeleted text endnew text begin annew text end effective light output deleted text beginof 200 candelas as measured by the
Blondel-Rey formula
deleted text endnew text begin that meets or exceeds the most recent version of SAE International
standard J845, Class 2, or a subsequent standard
new text end.

Sec. 49.

Minnesota Statutes 2016, section 169.81, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Automobile transporter. new text end

new text begin (a) For purposes of this subdivision, the following
terms have the meanings given them:
new text end

new text begin (1) "automobile transporter" means any vehicle combination designed and used to
transport assembled highway vehicles, including truck camper units;
new text end

new text begin (2) "stinger-steered combination automobile transporter" means a truck tractor semitrailer
having the fifth wheel located on a drop frame located behind and below the rear-most axle
of the power unit; and
new text end

new text begin (3) "backhaul" means the return trip of a vehicle transporting cargo or general freight,
especially when carrying goods back over all or part of the same route.
new text end

new text begin (b) Stinger-steered combination automobile transporters having a length of 80 feet or
less may be operated on interstate highways and other highways designated in this section,
and in addition may carry a load that extends the length by four feet or less in the front of
the vehicle and six feet or less in the rear of the vehicle.
new text end

new text begin (c) An automobile transporter may transport cargo or general freight on a backhaul,
provided it complies with weight limitations for a truck tractor and semitrailer combination
under section 169.824.
new text end

Sec. 50.

Minnesota Statutes 2016, section 169.8261, subdivision 2, is amended to read:


Subd. 2.

Conditions.

(a) A vehicle or combination of vehicles described in subdivision
1 must:

(1) comply with seasonal load restrictions in effect between the dates set by the
commissioner under section 169.87, subdivision 2;

(2) comply with bridge load limits posted under section 169.84;

(3) be equipped and operated with six or more axles and brakes on all wheels;

(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle
weight during the time when seasonal increases are authorized under section 169.826;

(5) not be operated on interstate highways;

(6) obtain an annual permit from the commissioner of transportation;

(7) obey all road postings; and

(8) not exceed 20,000 pounds gross weight on any single axle.

(b) A vehicle operated under this section may exceed the legal axle weight limits listed
in section 169.824 by not more than 12.5 percent; except that, the weight limits may be
exceeded by not more than 23.75 percent during the time when seasonal increases are
authorized under section 169.826, subdivision 1.

new text begin (c) Notwithstanding paragraph (a), clause (5), a vehicle or combination of vehicles
hauling raw or unfinished forest products may also operate on the segment of marked
Interstate Highway 35 provided under United States Code, title 23, section 127(q)(2)(D).
new text end

Sec. 51.

Minnesota Statutes 2017 Supplement, section 169.829, subdivision 4, is amended
to read:


Subd. 4.

Certain emergency vehicles.

new text begin(a) new text endThe provisions of sections 169.80 to 169.88
governing size, weight, and load do not apply to a fire apparatus, a law enforcement special
response vehicle, or a licensed land emergency ambulance service vehicle.

new text begin (b) Emergency vehicles designed to transport personnel and equipment to support the
suppression of fires and to mitigate other hazardous situations are subject to the following
weight limitations when operated on an interstate highway: (1) 24,000 pounds on a single
steering axle; (2) 33,500 pounds on a single drive axle; (3) 52,000 pounds on a tandem rear
drive steer axle; and (4) 62,000 pounds on a tandem axle. The gross weight of an emergency
vehicle operating on an interstate highway must not exceed 86,000 pounds.
new text end

Sec. 52.

Minnesota Statutes 2016, section 169.829, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Sewage septic tank trucks. new text end

new text begin (a) Sections 169.823 and 169.826 to 169.828 do
not apply to a sewage septic tank truck used exclusively to transport sewage from septic or
holding tanks.
new text end

new text begin (b) The weight limitations under section 169.824 are increased by ten percent for a
single-unit vehicle transporting sewage from the point of service to (1) another point of
service, or (2) the point of unloading.
new text end

new text begin (c) Notwithstanding sections 169.824, subdivision 1, paragraph (d); 169.826, subdivision
3; or any other law to the contrary, a permit is not required to operate a vehicle under this
subdivision.
new text end

new text begin (d) The seasonal weight increases under section 169.826, subdivision 1, do not apply to
a vehicle operated under this subdivision.
new text end

new text begin (e) A vehicle operated under this subdivision is subject to bridge load limits posted under
section 169.84.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 53.

Minnesota Statutes 2016, section 169.87, subdivision 6, is amended to read:


Subd. 6.

Recycling and garbage vehicles.

(a) deleted text beginExcept as provided in paragraph (b)deleted text endnew text begin While
a vehicle is engaged in the type of collection the vehicle was designed to perform
new text end, weight
restrictions imposed under subdivisions 1 and 2 do not apply tonew text begin:
new text end

new text begin (1)new text end a vehicle that does not exceed 20,000 pounds per single axle and is designed and
used exclusively for recycling, while deleted text beginengaged in recyclingdeleted text endnew text begin operatingnew text end in a political subdivision
that mandates curbside recycling pickupdeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (b) Weight restrictions imposed under subdivisions 1 and 2 do not apply to: (1)deleted text endnew text begin (2)new text end a
vehicle that does not exceed 14,000 pounds per single axle and is used exclusively for
recycling deleted text beginas described in paragraph (a)deleted text end;

deleted text begin (2)deleted text endnew text begin (3)new text end a vehicle that does not exceed 14,000 pounds per single axle and is designed and
used exclusively for collecting mixed municipal solid waste, as defined in section 115A.03,
subdivision 21
deleted text begin, while engaged in such collectiondeleted text end; deleted text beginor
deleted text end

deleted text begin (3)deleted text endnew text begin (4)new text end a portable toilet service vehicle that does not exceed 14,000 pounds per single
axle or 26,000 pounds gross vehicle weight, and is designed and used exclusively for
collecting liquid waste from portable toiletsdeleted text begin, while engaged in such collectiondeleted text endnew text begin; or
new text end

new text begin (5) a sewage septic tank truck that is designed and used exclusively to haul sewage from
septic or holding tanks
new text end.

deleted text begin (c)deleted text endnew text begin (b)new text end Notwithstanding section 169.80, subdivision 1, deleted text begina violation ofdeleted text endnew text begin the owner or operator
of a vehicle that violates the
new text end weight restrictions imposed under subdivisions 1 and 2 deleted text beginby a
vehicle designed and used exclusively for recycling while engaged in recycling in a political
subdivision that mandates curbside recycling pickup while engaged in such collection, by
a vehicle that is designed and used exclusively for collecting mixed municipal solid waste
as defined in section 115A.03, subdivision 21, while engaged in such collection, or by a
portable toilet service vehicle that is designed and used exclusively for collecting liquid
waste from portable toilets, while engaged in such collection,
deleted text end is not subject to criminal
penalties but is subject to a civil penalty for excess weight under section 169.871new text begin if the
vehicle (1) meets the requirements under paragraph (a), and (2) is engaged in the type of
collection the vehicle was designed to perform
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 54.

Minnesota Statutes 2016, section 169.974, subdivision 2, is amended to read:


Subd. 2.

License endorsement and permit requirements.

(a) No person shall operate
a motorcycle on any street or highway without having a valid driver's license with a
two-wheeled vehicle endorsement as provided by law. A person may operate an autocycle
without a two-wheeled vehicle endorsement, provided the person has a valid driver's license
issued under section 171.02.

(b) The commissioner of public safety shall issue a two-wheeled vehicle endorsement
only if the applicant (1) has in possession a valid two-wheeled vehicle instruction permit
as provided in paragraph (c), (2) has passed a written examination and road test administered
by the Department of Public Safety for the endorsement, and (3) in the case of applicants
under 18 years of age, presents a certificate or other evidence of having successfully
completed an approved two-wheeled vehicle driver's safety course in this or another state,
in accordance with rules adopted by the commissioner of public safety for courses offered
by a public, private, or commercial school or institute. The commissioner of public safety
may waive the road test for any applicant on determining that the applicant possesses a valid
license to operate a two-wheeled vehicle issued by a jurisdiction that requires a comparable
road test for license issuance.

(c) The commissioner of public safety shall issue a two-wheeled vehicle instruction
permit to any person over 16 years of age who (1) is in possession of a valid driver's license,
(2) is enrolled in an approved two-wheeled vehicle driver's safety course, and (3) has passed
a written examination for the permit and paid a fee prescribed by the commissioner of public
safety. A two-wheeled vehicle instruction permit is effective for one year and may be
renewed under rules prescribed by the commissioner of public safety.

(d) No person who is operating by virtue of a two-wheeled vehicle instruction permit
shall:

(1) carry any passengers on the streets and highways of this state on the motorcycle
while the person is operating the motorcycle;

(2) drive the motorcycle at night;new text begin or
new text end

deleted text begin (3) drive the motorcycle on any highway marked as an interstate highway pursuant to
title 23 of the United States Code; or
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end drive the motorcycle without wearing protective headgear that complies with
standards established by the commissioner of public safety.

(e) Notwithstanding paragraphs (a) to (d), the commissioner of public safety may issue
a special motorcycle permit, restricted or qualified as the commissioner of public safety
deems proper, to any person demonstrating a need for the permit and unable to qualify for
a driver's license.

Sec. 55.

new text begin [174.13] TRANSPORTATION FACILITIES CAPITAL PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin (a) A transportation facilities capital program is
established to prioritize among eligible projects that:
new text end

new text begin (1) support the programmatic mission of the department;
new text end

new text begin (2) extend the useful life of existing buildings; or
new text end

new text begin (3) renovate or construct facilities to meet the department's current and future operational
needs.
new text end

new text begin (b) Projects under the transportation facilities capital program may be funded by proceeds
from the sale of trunk highway bonds or from other funds appropriated for the purposes of
this section.
new text end

new text begin Subd. 2. new text end

new text begin Accounts. new text end

new text begin (a) A transportation facilities capital account is established in the
trunk highway fund. The account consists of all money made available from the trunk
highway fund for the purposes of this section and any other money donated, allotted,
transferred, or otherwise provided to the account by law. Money in the account is appropriated
to the commissioner for the purposes specified and consistent with the standards and criteria
set forth in this section.
new text end

new text begin (b) A transportation facilities capital account is established in the bond proceeds account
of the trunk highway fund. The account consists of trunk highway bond proceeds appropriated
to the commissioner for the transportation facilities capital program. Money in the account
may only be expended on trunk highway purposes, which includes the purposes in this
section.
new text end

new text begin Subd. 3. new text end

new text begin Standards. new text end

new text begin (a) The legislature finds that many projects for preservation and
replacement of portions of existing capital assets constitute the construction, improvement,
and maintenance of the public highway system within the meaning of the Minnesota
Constitution, article XIV, section 11, and capital expenditures under generally accepted
accounting principles as applied to public expenditures. Projects can be financed more
efficiently and economically under the program than by direct appropriations for specific
projects.
new text end

new text begin (b) When allocating funding under this section, the commissioner must review the
projects deemed eligible under subdivision 4 and prioritize allocations using the criteria in
subdivision 5. Money allocated to a specific project in an appropriation or other law must
be allocated as provided by the law.
new text end

new text begin Subd. 4. new text end

new text begin Eligible expenditures; limitations. new text end

new text begin (a) A project is eligible under this section
only if it is a capital expenditure on a capital building asset owned or to be owned by the
state within the meaning of generally accepted accounting principles as applied to public
expenditures.
new text end

new text begin (b) Capital budget expenditures that are eligible under this section include but are not
limited to: (1) acquisition of land and buildings; and (2) the predesign, engineering,
construction, furnishing and equipping of district headquarter buildings, truck stations, salt
storage or other unheated storage buildings, deicing and anti-icing facilities, fuel dispensing
facilities, highway rest areas, and vehicle weigh and inspection stations.
new text end

new text begin Subd. 5. new text end

new text begin Criteria for priorities. new text end

new text begin When prioritizing funding allocation among projects
eligible under subdivision 4, the commissioner must consider:
new text end

new text begin (1) whether a project ensures the effective and efficient condition and operation of the
facility;
new text end

new text begin (2) the urgency in ensuring the safe use of existing buildings;
new text end

new text begin (3) the project's total life-cycle cost;
new text end

new text begin (4) additional criteria for priorities otherwise specified in state law, statute, or rule that
applies to a category listed in the act making an appropriation for the program; and
new text end

new text begin (5) any other criteria the commissioner deems necessary.
new text end

Sec. 56.

Minnesota Statutes 2016, section 174.66, is amended to read:


174.66 CONTINUATION OF CARRIER RULES.

(a) Orders and directives in force, issued, or promulgated under authority of chapters
174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
modified, or superseded by duly authorized orders or directives of the commissioner of
transportation. To the extent allowed under federal law or regulation, rules adopted under
authority of the following sections are transferred to the commissioner of transportation
and continue in force and effect until repealed, modified, or superseded by duly authorized
rules of the commissioner:

(1) section 218.041 except rules related to the form and manner of filing railroad rates,
railroad accounting rules, and safety rules;

(2) section 219.40;

(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
under section 221.031, subdivision 1;new text begin and
new text end

(4) deleted text beginrules relating to rates, charges, and practices under section 221.161, subdivision 4;
and
deleted text end

deleted text begin (5)deleted text end rules relating to rates, tariffs, or the granting, limiting, or modifying of permits under
section 221.121.

(b) The commissioner shall review the transferred rules, orders, and directives and, when
appropriate, develop and adopt new rules, orders, or directives.

Sec. 57.

Minnesota Statutes 2016, section 221.031, subdivision 2d, is amended to read:


Subd. 2d.

Hours of service exemptionsnew text begin; agricultural purposesnew text end.

The federal regulations
incorporated in section 221.0314, subdivision 9, for deleted text beginmaximum driving and on-duty time,deleted text endnew text begin
hours of service
new text end do not apply to drivers engaged in intrastate transportation within a
150-air-mile radius from the source of the commoditiesnew text begin,new text end or from the retail or wholesale
distribution point of the farm suppliesnew text begin,new text end for:

(1) agricultural commoditiesnew text begin;new text end or

new text begin (2)new text end farm supplies for agricultural purposes deleted text beginfrom March 15 to December 15 of each year;
or
deleted text endnew text begin.
new text end

deleted text begin (2) sugar beets from September 1 to May 15 of each year.
deleted text end

Sec. 58.

Minnesota Statutes 2016, section 221.031, is amended by adding a subdivision
to read:


new text begin Subd. 2f. new text end

new text begin Hours of service exemptions; utility construction. new text end

new text begin (a) The federal regulations
incorporated in section 221.0314, subdivision 9, for hours of service do not apply to drivers
engaged in intrastate transportation of utility construction materials within a 50-mile radius
from the site of a construction or maintenance project.
new text end

new text begin (b) For purposes of this subdivision, utility construction materials includes supplies and
materials used in a project to construct or maintain (1) a street or highway; (2) equipment
or facilities to furnish electric transmission service; (3) a telecommunications system or
cable communications system; (4) a waterworks system, sanitary sewer, or storm sewer;
(5) a gas heating service line; (6) a pipeline; and (7) a facility for other similar utility service.
new text end

Sec. 59.

Minnesota Statutes 2016, section 221.0314, subdivision 9, is amended to read:


Subd. 9.

Hours of service of driver.

new text begin(a) new text endCode of Federal Regulations, title 49, part 395,
is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), deleted text begin(k),deleted text end (m), and
(n) of section 395.1 of that part are not incorporated. In addition, cross-references to sections
or paragraphs not incorporated in this subdivision are not incorporated by reference.

new text begin (b) For purposes of Code of Federal Regulations, title 49, part 395.1, paragraph (k), the
planting and harvest period for Minnesota is from January 1 through December 31 each
year.
new text end

new text begin (c)new text end The requirements of Code of Federal Regulations, title 49, part 395, do not apply to
drivers of lightweight vehicles.

Sec. 60.

Minnesota Statutes 2016, section 221.036, subdivision 1, is amended to read:


Subdivision 1.

Order.

The commissioner may issue an order requiring violations to be
corrected and administratively assessing monetary penalties for a violation of (1) section
221.021; (2) section 221.033, subdivision 2b; (3) section 221.171; (4) section 221.141; (5)
a federal, state, or local law, regulation, rule, or ordinance pertaining to railroad-highway
grade crossings; or (6) rules of the commissioner relating to the transportation of hazardous
waste, motor carrier operations,new text begin ornew text end insurancedeleted text begin, or tariffs and accountingdeleted text end. An order must be
issued as provided in this section.

Sec. 61.

Minnesota Statutes 2016, section 221.036, subdivision 3, is amended to read:


Subd. 3.

Amount of penalty; considerations.

(a) The commissioner may issue an order
assessing a penalty of up to $5,000 for all violations new text beginidentified during a single audit or
investigation
new text endof new text begin(1) new text endsection 221.021deleted text begin;deleted text endnew text begin,new text end 221.141deleted text begin;deleted text endnew text begin,new text end or 221.171, ornew text begin (2)new text end rules of the commissioner
relating to motor carrier operationsdeleted text begin,deleted text end new text beginor new text endinsurancedeleted text begin, or tariffs and accounting, identified during
a single inspection, audit, or investigation
deleted text end.

(b) The commissioner may issue an order assessing a penalty up to a maximum of
$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
inspection or audit.

(c) In determining the amount of a penalty, the commissioner shall consider:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, air, water, land,
or other natural resources of the state;

(3) the history of past violations, including the similarity of the most recent violation
and the violation to be penalized, the time elapsed since the last violation, the number of
previous violations, and the response of the person to the most recent violation identified;

(4) the economic benefit gained by the person by allowing or committing the violation;
and

(5) other factors as justice may require, if the commissioner specifically identifies the
additional factors in the commissioner's order.

(d) The commissioner shall assess a penalty in accordance with Code of Federal
Regulations, title 49, section 383.53, against:

(1) a driver who is convicted of a violation of an out-of-service order;

(2) an employer who knowingly allows or requires an employee to operate a commercial
motor vehicle in violation of an out-of-service order; or

(3) an employer who knowingly allows or requires an employee to operate a commercial
motor vehicle in violation of a federal, state, or local law or regulation pertaining to
railroad-highway grade crossings.

Sec. 62.

Minnesota Statutes 2016, section 221.122, subdivision 1, is amended to read:


Subdivision 1.

Registration, insurance, and filing requirements.

(a) An order issued
by the commissioner which grants a certificate or permit must contain a service date.

(b) The person to whom the order granting the certificate or permit is issued shall do
the following within 45 days from the service date of the order:

(1) register vehicles which will be used to provide transportation under the permit or
certificate with the commissioner and pay the vehicle registration fees required by law;new text begin and
new text end

(2) file and maintain insurance or bond as required by section 221.141 and rules of the
commissionerdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) file rates and tariffs as required by section 221.161 and rules of the commissioner.
deleted text end

Sec. 63.

Minnesota Statutes 2016, section 221.161, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginFiling; hearing upon commissioner initiativedeleted text endnew text begin Tariff maintenance and
contents
new text end.

A household goods deleted text begincarrier shall file anddeleted text end new text beginmover must new text endmaintain deleted text beginwith the
commissioner
deleted text end a tariff showing rates and charges for transporting household goods. deleted text beginTariffs
must be prepared and filed in accordance with the rules of the commissioner. When tariffs
are filed in accordance with the rules and accepted by the commissioner, the filing constitutes
notice to the public and interested parties of the contents of the tariffs. The commissioner
shall not accept for filing tariffs that are unjust, unreasonable, unjustly discriminatory,
unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted
under this section. If the tariffs appear to be unjust, unreasonable, unjustly discriminatory,
unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted
under this section, after notification and investigation by the department, the commissioner
may suspend and postpone the effective date of the tariffs and assign the tariffs for hearing
upon notice to the household goods carrier filing the proposed tariffs and to other interested
parties, including users of the service and competitive carriers by motor vehicle and rail.
At the hearing, the burden of proof is on the household goods carrier filing the proposed
tariff to sustain the validity of the proposed schedule of rates and charges. The tariffs and
subsequent supplements to them or reissues of them must state the effective date, which
may not be less than ten days following the date of filing, unless the period of time is reduced
by special permission of the commissioner.
deleted text endnew text begin A household goods mover must prepare a tariff
under this section that complies with Code of Federal Regulations, title 49, part 1310.3.
new text end

Sec. 64.

Minnesota Statutes 2016, section 221.161, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Tariff availability. new text end

new text begin (a) A household goods mover subject to this section must
maintain all of its effective tariffs at its principal place of business and at each of its terminal
locations, and must make the tariffs available to the public for inspection at all times the
household goods mover is open for business. Any publication referred to in a tariff must be
maintained with that tariff.
new text end

new text begin (b) Upon request, a household goods mover must provide copies of tariffs, specific tariff
provisions, or tariff subscriptions to the commissioner or any interested person.
new text end

Sec. 65.

Minnesota Statutes 2016, section 221.171, subdivision 1, is amended to read:


Subdivision 1.

Compensation fixed by schedule on file.

deleted text beginNodeleted text endnew text begin Anew text end household goods deleted text begincarrier
shall
deleted text endnew text begin mover must notnew text end charge or receive a greater, lesser, or different compensation for the
transportation deleted text beginof persons or propertydeleted text end or deleted text beginfor relateddeleted text end servicedeleted text begin,deleted text end new text beginprovided new text endthan the rates and
charges deleted text beginnamed in the carrier's schedule on file and in effect with the commissioner including
any rate fixed by the commissioner
deleted text endnew text begin specified in the tariffnew text end under section 221.161deleted text begin; nor shalldeleted text endnew text begin.new text end
A household goods deleted text begincarrierdeleted text endnew text begin mover must notnew text end refund or remit in any manner or by any device,
directly or indirectly, the rates and charges required to be collected by the deleted text begincarrierdeleted text endnew text begin movernew text end
under the deleted text begincarrier'sdeleted text endnew text begin mover'snew text end schedules deleted text beginor under the rates, if any, fixed by the commissionerdeleted text end.

Sec. 66.

Minnesota Statutes 2016, section 222.46, is amended to read:


222.46 new text beginFREIGHT new text endRAIL deleted text beginSERVICEdeleted text end IMPROVEMENT deleted text beginACTdeleted text end; PURPOSE.

The legislature finds and determines that integrated transportation systems, including
railways, highways and airways, are necessary in order to meet the economic and energy
needs of the citizens of the state, both now and in the future. The legislature finds that a
portion of the present railroad system in the state does not provide adequate service to
citizens of the state. The legislature further finds and determines that it is in the best interest
of the state to establish and fund anew text begin freightnew text end rail deleted text beginservice improvementdeleted text endnew text begin economic developmentnew text end
program and to establish a railroad planning process in order to preserve and improve
essential rail service in the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2018.
new text end

Sec. 67.

Minnesota Statutes 2016, section 222.50, subdivision 3, is amended to read:


Subd. 3.

Commissioner's powers; rules.

The commissioner deleted text beginshall havedeleted text endnew text begin hasnew text end the power
to:

(1) deleted text beginset priorities for the allocation and expenditure of money or in kind contributions
authorized under the rail service improvement program and develop criteria for eligibility
and approval of projects under the program. The criteria shall include the anticipated
economic and social benefits to the state and to the area being served and the economic
viability of the project;
deleted text end

deleted text begin (2)deleted text end negotiate and enter into contracts for rail line rehabilitation or other rail service
improvement;

deleted text begin (3)deleted text endnew text begin (2)new text end disburse state and federal money for rail service improvements; and

deleted text begin (4)deleted text endnew text begin (3)new text end adopt rules necessary to carry out the purposes of sections 222.46 to 222.54.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2018.
new text end

Sec. 68.

Minnesota Statutes 2016, section 222.50, subdivision 4, is amended to read:


Subd. 4.

Contract.

The commissioner may negotiate and enter into contracts for the
purpose of rail service improvement and may incorporate funds available from the federal
government. The participants in these contracts shall be railroads, rail users, and the
department, and may be political subdivisions of the state and the federal government. In
such contracts, participation by all parties shall be voluntary. The commissioner may provide
a portion of the money required to carry out the terms of any such contract by expenditure
from thenew text begin freightnew text end rail deleted text beginservice improvementdeleted text end account.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2018.
new text end

Sec. 69.

new text begin [222.505] FREIGHT RAIL ECONOMIC DEVELOPMENT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) For purposes of this section, "program" means the freight
rail economic development program established in this section.
new text end

new text begin Subd. 2. new text end

new text begin Program established. new text end

new text begin (a) The commissioner, in consultation with the
commissioner of employment and economic development, must establish a freight rail
economic development program as provided under this section.
new text end

new text begin (b) By January 1, 2019, the commissioners must implement the program and begin
accepting applications.
new text end

new text begin Subd. 3. new text end

new text begin Freight rail accounts; appropriation. new text end

new text begin (a) A freight rail account is established
in the special revenue fund. The account consists of funds provided under paragraphs (b)
and (c), section 222.63, subdivision 8, and any other money donated, allotted, transferred,
or otherwise provided to the account. The account must not include any bond proceeds
authorized by the Minnesota Constitution, article XI, section 5, clause (i). Funds in the
account are annually appropriated to the commissioner for the program under this section.
new text end

new text begin (b) All funds provided to the commissioner from agreements or loans under section
222.50 must be deposited in the freight rail account in the special revenue fund.
new text end

new text begin (c) All funds made available to the commissioner from the disposition of railroad
right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 must
be deposited in the freight rail account in the special revenue fund.
new text end

new text begin (d) A freight rail account is established in the bond proceeds fund. The account consists
of state bond proceeds appropriated to the commissioner for the program under this section.
Money in the account may be expended only for bond-eligible purposes.
new text end

new text begin Subd. 4. new text end

new text begin Program administration. new text end

new text begin (a) The commissioner, in consultation with the
commissioner of employment and economic development, must establish a project selection
process for financial assistance under the program. The process must include public notice
of available funds, procedures to submit applications, public access to information on project
evaluation and selection, and financial assistance awards. The process must minimize
applicant burdens and the length of time for application evaluation.
new text end

new text begin (b) The commissioner must maintain on an ongoing basis a project requests list that
identifies all eligible projects that have been evaluated for grant awards under the program.
new text end

new text begin (c) An applicant must apply for financial assistance in the manner and at the times
determined by the commissioners.
new text end

new text begin (d) The commissioner must make reasonable efforts to (1) publicize each solicitation
for applications among all eligible recipients, and (2) provide technical and informational
assistance related to applications.
new text end

new text begin Subd. 5. new text end

new text begin Consultation. new text end

new text begin In developing the program and on an ongoing basis, the
commissioner must consult with eligible recipients of financial assistance under subdivision
8 and with counties and statutory and home rule charter cities in which industrial parks are
located or proposed to be located. At a minimum, consultation must address:
new text end

new text begin (1) the project selection process, including project eligibility requirements, evaluation
criteria and prioritization, and any significant policies in the program;
new text end

new text begin (2) flexibility of evaluation criteria to address unique situations;
new text end

new text begin (3) timeliness of project evaluation and award of financial assistance;
new text end

new text begin (4) adequacy of the program funding level; and
new text end

new text begin (5) legislative proposals for program funding.
new text end

new text begin Subd. 6. new text end

new text begin Financial assistance; grants and loans. new text end

new text begin The commissioner may provide
financial assistance under the program through grants or through loans in the manner provided
under section 222.50, subdivisions 4 and 5.
new text end

new text begin Subd. 7. new text end

new text begin Financial assistance; limitations. new text end

new text begin (a) When calculated in conjunction with
any other state funding sources, a grant award under the program must not provide combined
state funding that exceeds 85 percent of the total project cost estimate.
new text end

new text begin (b) The commissioner must ensure that financial assistance is provided in a manner that
is balanced throughout the state, including with respect to (1) the number of projects receiving
funding in a particular geographic location or region of the state, and (2) the total amount
of financial assistance provided for projects in a particular geographic location or region of
the state.
new text end

new text begin Subd. 8. new text end

new text begin Award recipient eligibility. new text end

new text begin (a) Eligible recipients of financial assistance under
the program are:
new text end

new text begin (1) railroad companies that are classified by federal law or regulation as Class II railroads,
Class II rail carriers, Class III railroads, or Class III rail carriers;
new text end

new text begin (2) rail users; and
new text end

new text begin (3) political subdivisions.
new text end

new text begin (b) An eligible recipient may receive funds regardless of rail facility ownership.
new text end

new text begin Subd. 9. new text end

new text begin Project eligibility. new text end

new text begin (a) The commissioner, in consultation with the commissioner
of employment and economic development, must establish project eligibility criteria under
the program. At a minimum, an eligible project must:
new text end

new text begin (1) improve safety, efficiency, service, or capacity of railroad freight movement;
new text end

new text begin (2) provide for rail line capital maintenance, preservation, rehabilitation, or improvements;
new text end

new text begin (3) improve rail service for a rail user or rail carrier; or
new text end

new text begin (4) promote the development of industrial parks primarily or substantially served by rail
service.
new text end

new text begin (b) A project must be consistent with transportation plans adopted by the commissioner,
including the statewide freight and passenger rail plan under section 174.03, subdivision
1b.
new text end

new text begin Subd. 10. new text end

new text begin Project evaluation and prioritization. new text end

new text begin The commissioner, in consultation
with the commissioner of employment and economic development, must establish project
evaluation criteria for grant awards under the program. At a minimum, the criteria must
objectively prioritize projects based on:
new text end

new text begin (1) economic and employment impacts, including but not limited to responsiveness to
emergent market conditions;
new text end

new text begin (2) addressing rail lines that have deteriorated or are in danger of deteriorating to such
a degree that the rail line is unable to carry the speeds and weights necessary to efficiently
transport goods and products; and
new text end

new text begin (3) percentage commitment of funding or in-kind assistance for the project from nonpublic
sources.
new text end

new text begin Subd. 11. new text end

new text begin Expenditures. new text end

new text begin The commissioner may provide financial assistance and expend
funds under the program for:
new text end

new text begin (1) capital improvement projects designed to improve a rail user or a rail carrier's rail
service which includes but is not limited to rail track, track structures, and rail facilities and
buildings;
new text end

new text begin (2) rehabilitation projects designed to improve a rail user or a rail carrier's rail service;
new text end

new text begin (3) rail-related development of industrial parks primarily or substantially served by rail
service, which:
new text end

new text begin (i) includes capital improvements to or rehabilitation of main industrial lead track; and
new text end

new text begin (ii) excludes siding track designed to serve areas of an industrial park for which occupants
are unidentified or uncommitted;
new text end

new text begin (4) highway-rail grade crossing improvement or grade separation projects, including
but not limited to the local matching portion for federal grants;
new text end

new text begin (5) capital improvement projects designed to improve capacity or safety at rail yards;
new text end

new text begin (6) acquisition, maintenance, management, and disposition of railroad right-of-way
under the state rail bank program in section 222.63;
new text end

new text begin (7) acquisition of a rail line by a regional railroad authority established under chapter
398A;
new text end

new text begin (8) rail planning studies;
new text end

new text begin (9) costs related to contractual agreements under section 222.52; and
new text end

new text begin (10) financial assistance under this section.
new text end

new text begin Subd. 12. new text end

new text begin Design, engineering, and construction standards. new text end

new text begin (a) The commissioner is
prohibited from establishing specifications or engineering standards that are more restrictive
than federal track safety standards under Code of Federal Regulations, title 49, part 213, or
successor requirements, for track and track structures awarded financial assistance under
the program.
new text end

new text begin (b) Sections 16B.30 to 16B.355 do not apply to rail facilities and buildings awarded
financial assistance under the program.
new text end

new text begin Subd. 13. new text end

new text begin Political subdivisions. new text end

new text begin Any political subdivision may, with the approval of
the commissioner, appropriate money for freight rail or rail service improvement and may
participate in the freight rail economic development program and federal rail programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2018.
new text end

Sec. 70.

Minnesota Statutes 2016, section 222.52, is amended to read:


222.52 COOPERATION BETWEEN STATES.

The commissioner may cooperate with other states in connection with thenew text begin freightnew text end rail
deleted text begin service improvementdeleted text endnew text begin economic developmentnew text end programnew text begin under section 222.505new text end and the railroad
planning process. In exercising the authority conferred by this section, the commissioner
may enter into contractual agreements with other statesnew text begin, including multistate coalitionsnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2018.
new text end

Sec. 71.

Minnesota Statutes 2016, section 222.57, is amended to read:


222.57 RAIL USER AND RAIL CARRIER LOAN GUARANTEE ACCOUNT.

There is created a rail user and rail carrier loan guarantee account as a separate account
in the rail service improvement account, which shall be used by the commissioner for
carrying out the provisions of sections 222.55 to 222.62 with respect to loans insured under
section 222.58. The commissioner may transfer to the rail user and rail carrier loan guarantee
account from money otherwise available in thenew text begin freightnew text end rail deleted text beginservice improvementdeleted text end account
whatever amount is necessary to implement the rail user and rail carrier loan guarantee
program, except that bond proceeds may not be transferred to the account for insurance of
loans made for the purposes specified in section 222.58, subdivision 2, paragraph (b), clauses
(3) to (5). The commissioner may withdraw any amount from the rail user and rail carrier
loan guarantee account that is not required to insure outstanding loans as provided in section
222.60, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2018.
new text end

Sec. 72.

Minnesota Statutes 2016, section 222.63, subdivision 8, is amended to read:


Subd. 8.

Rail bank accountsnew text begin; appropriationnew text end.

new text begin(a) new text endA deleted text beginspecial account shall be maintained
in the state treasury, designated as the
deleted text end rail bank maintenance accountdeleted text begin,deleted text endnew text begin is established in the
special revenue fund
new text end to record the receipts and expenditures of the commissioner of
transportation for the maintenance of rail bank property. Funds received by the commissioner
of transportation from interest earnings, administrative payments, rentals, fees, or charges
for the use of rail bank property, or received from rail line rehabilitation contracts deleted text beginshall bedeleted text endnew text begin
are
new text end credited to thenew text begin rail banknew text end maintenance account and new text beginmust benew text end used deleted text beginfor the maintenance of
that
deleted text endnew text begin to maintain thenew text end property and held as a reserve for maintenance expenses in an amount
determined by the commissionerdeleted text begin, anddeleted text endnew text begin.new text end Amounts received in thenew text begin rail banknew text end maintenance
account in excess of the reserve requirements deleted text beginshalldeleted text endnew text begin mustnew text end be transferred to thenew text begin freightnew text end rail
deleted text begin service improvementdeleted text end accountnew text begin under section 222.505, subdivision 3new text end.

new text begin (b) new text endAll proceeds of the sale of abandoned rail lines deleted text beginshalldeleted text endnew text begin mustnew text end be deposited in thenew text begin freightnew text end
rail deleted text beginservice improvementdeleted text end account.

new text begin (c)new text end All money deleted text beginto bedeleted text end deposited in deleted text beginthisdeleted text endnew text begin thenew text end rail deleted text beginservice improvementdeleted text endnew text begin bank maintenancenew text end
account as provided in this subdivision is appropriated to the commissioner of transportation
for the purposes of this section. The appropriations deleted text beginshalldeleted text endnew text begin donew text end not lapse deleted text beginbut shall bedeleted text endnew text begin and arenew text end
available until the purposes for which the funds are appropriated are accomplished.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2018.
new text end

Sec. 73.

new text begin [299A.704] DRIVER AND VEHICLE SERVICES FUND.
new text end

new text begin A driver and vehicle services fund is established within the state treasury. The fund
consists of accounts and money as specified by law, and any other money otherwise donated,
allotted, appropriated, or legislated to the fund.
new text end

Sec. 74.

Minnesota Statutes 2016, section 299A.705, is amended to read:


299A.705 DRIVER AND VEHICLE SERVICES ACCOUNTS.

Subdivision 1.

Vehicle services operating account.

(a) The vehicle services operating
account is created in the deleted text beginspecial revenuedeleted text endnew text begin driver and vehicle servicesnew text end fund, consisting of all
money from the vehicle services fees specified in chapters 168, 168A, and 168D, and any
other money otherwise donated, allotted, appropriated, or legislated to deleted text beginthisdeleted text endnew text begin thenew text end account.

(b) Funds appropriated deleted text beginare availabledeleted text endnew text begin from this account must be used by the commissioner
of public safety
new text end to administer new text beginthe new text endvehicle services deleted text beginasdeleted text end specified in chapters 168, 168A, and
168D, and section 169.345, including:

(1) designing, producing, issuing, and mailing vehicle registrations, plates, emblems,
and titles;

(2) collecting title and registration taxes and fees;

(3) transferring vehicle registration plates and titles;

(4) maintaining vehicle records;

(5) issuing disability certificates and plates;

(6) licensing vehicle dealers;

(7) appointing, monitoring, and auditing deputy registrars; and

(8) inspecting vehicles when required by law.

Subd. 2.

Driver services operating account.

(a) The driver services operating account
is created in the deleted text beginspecial revenuedeleted text endnew text begin driver and vehicle servicesnew text end fund, consisting of all money
collected under chapter 171 and any other money otherwise donated, allotted, appropriated,
or legislated to the account.

(b) deleted text beginMoney in thedeleted text endnew text begin Funds appropriated from thisnew text end account must be used by the commissioner
of public safety to administer the driver services specified in chapters 169A and 171,
including the activities associated with producing and mailing drivers' licenses and
identification cards and notices relating to issuance, renewal, or withdrawal of driving and
identification card privileges for any fiscal year or years and for the testing and examination
of drivers.

Subd. 3.

Driver and vehicle services technology account.

(a) The driver and vehicle
services technology account is created in the deleted text beginspecial revenuedeleted text endnew text begin driver and vehicle servicesnew text end
fund, consisting of the technology surcharge collected as specified in deleted text beginchapters 168, 168A,
and 171; the filing fee revenue collected under section 168.33, subdivision 7;
deleted text endnew text begin section 168.33new text end
and any other money otherwise donated, allotted, appropriated, or legislated to this account.

(b) Money in the account is annually appropriated to the commissioner of public safety
to support the research, development, deployment, and maintenance of a driver and vehicle
services information system.

(c) Following completion of the deposit of filing fee revenue into the driver and vehicle
services technology account as provided under section 168.33, subdivision 7, the
commissioner shall submit a notification to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation policy and finance concerning
driver and vehicle services information system implementation, which must include
information on (1) total revenue deposited in the driver and vehicle services technology
account, with a breakdown by sources of funds; (2) total project costs incurred, with a
breakdown by key project components; and (3) an estimate of ongoing system maintenance
costs.

Subd. 4.

Prohibited expenditures.

The commissioner is prohibited from expending
money from driver and vehicle services accounts created in the deleted text beginspecial revenuedeleted text endnew text begin driver and
vehicle services
new text end fund for any purpose that is not specifically authorized in this section or in
the chapters specified in this section.

Sec. 75.

Minnesota Statutes 2016, section 360.013, is amended by adding a subdivision
to read:


new text begin Subd. 46a. new text end

new text begin Comprehensive plan. new text end

new text begin "Comprehensive plan" has the meaning given in
section 394.22, subdivision 9, or 462.352, subdivision 5.
new text end

Sec. 76.

Minnesota Statutes 2016, section 360.017, subdivision 1, is amended to read:


Subdivision 1.

Creation; authorized disbursements.

(a) There is hereby created a
fund to be known as the state airports fund. The fund shall consist of all money appropriated
to it, or directed to be paid into it, by the legislature.

(b) The state airports fund shall be paid out on authorization of the commissioner and
shall be used:

(1) to acquire, construct, improve, maintain, and operate airports and other air navigation
facilities;

(2) to assist municipalities in the new text beginplanning, new text endacquisition, construction, improvement, and
maintenance of airports and other air navigation facilities;

(3) to assist municipalities to initiate, enhance, and market scheduled air service at their
airports;

(4) to promote interest and safety in aeronautics through education and information; and

(5) to pay the salaries and expenses of the Department of Transportation related to
aeronautic planning, administration, and operation. All allotments of money from the state
airports fund for salaries and expenses shall be approved by the commissioner of management
and budget.

deleted text begin (c) A municipality that adopts a comprehensive plan that the commissioner finds is
incompatible with the state aviation plan is not eligible for assistance from the state airports
fund.
deleted text end

Sec. 77.

Minnesota Statutes 2016, section 360.021, subdivision 1, is amended to read:


Subdivision 1.

Authority to establish.

The commissioner is authorized and empowered,
on behalf of and in the name of this state, within the limitation of available appropriations,
to acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property,
real or personal, for the purpose of establishing and constructing restricted landing areas
and other air navigation facilities and to acquire in like manner, own, control, establish,
construct, enlarge, improve, maintain, equip, operate, regulate, and police such restricted
landing areas and other air navigation facilities, either within or without this state; and to
make, prior to any such acquisition, investigations, surveys, and plans. The commissioner
may maintain, equip, operate, regulate, and police airports, either within or without this
state. new text beginThe operation and maintenance of airports is an essential public service. new text endThe
commissioner may maintain at such airports facilities for the servicing of aircraft and for
the comfort and accommodation of air travelers. The commissioner may dispose of any
such property, airport, restricted landing area, or any other air navigation facility, by sale,
lease, or otherwise, in accordance with the laws of this state governing the disposition of
other like property of the state. The commissioner may not acquire or take over any restricted
landing area, or other air navigation facility without the consent of the owner. The
commissioner shall not acquire any additional state airports nor establish any additional
state-owned airports. The commissioner may erect, equip, operate, and maintain on any
airport buildings and equipment necessary and proper to maintain, and conduct such airport
and air navigation facilities connected therewith. The commissioner shall not expend money
for land acquisition, or for the construction, improvement, or maintenance of airports, or
for air navigation facilities for an airport, unless the deleted text begingovernmental unitdeleted text endnew text begin municipality, county,
or joint airport zoning board
new text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text beginThe commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation. The commissioner may withhold funding from only the airport subject
to the proposed zoning ordinance.
new text endNotwithstanding the foregoing prohibition, the
commissioner may continue to maintain the state-owned airport at Pine Creek.

Sec. 78.

Minnesota Statutes 2016, section 360.024, is amended to read:


360.024 AIR TRANSPORTATION SERVICE deleted text beginCHARGEdeleted text end.

new text begin Subdivision 1. new text end

new text begin Charges. new text end

new text begin(a) new text endThe commissioner shall charge users of air transportation
services provided by the commissioner for direct operating costs, excluding pilot salary
deleted text begin anddeleted text endnew text begin.
new text end

new text begin (b) The commissioner may charge users for a portion ofnew text end aircraft acquisitionnew text begin, replacement,
or leasing
new text end costs.

new text begin Subd. 2. new text end

new text begin Accounts; appropriation. new text end

new text begin(a) An air transportation services account is
established in the state airports fund. The account consists of money collected under
subdivision 1, paragraph (a), and any other money donated, allotted, transferred, or otherwise
provided to the account.
new text end deleted text beginAll receipts for these services shall be deposited in the air
transportation services account in the state airports fund and
deleted text endnew text begin Funds in the accountnew text end arenew text begin
annually
new text end appropriated to the commissioner to pay deleted text beginthesedeleted text end direct air service operating costs.

new text begin (b) An aircraft capital account is established in the state airports fund. The account
consists of collections under subdivision 1, paragraph (b), proceeds from the sale of aircraft
under jurisdiction of the department, and any other money donated, allotted, transferred, or
otherwise provided to the account. Except as provided by law, the commissioner must not
transfer funds into or out of the account.
new text end

Sec. 79.

Minnesota Statutes 2016, section 360.062, is amended to read:


360.062 AIRPORT HAZARD PREVENTION; PROTECTING EXISTING
deleted text begin NEIGHBORHOODdeleted text endnew text begin LAND USESnew text end.

(a) It is hereby found that an airport hazard endangers the lives and property of users of
the airport and of occupants of land in its vicinity, and may reduce the size of the area
available for the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility
of the airport and the public investment therein. It is also found that the social and financial
costs of disrupting existing land uses around airports deleted text beginin built up urban areas, particularly
established residential neighborhoods,
deleted text end often outweigh the benefits of a reduction in airport
hazards that might result from the elimination or removal of those uses.

(b) Accordingly, it is hereby declared: (1) deleted text beginthatdeleted text end the creation or establishment of an airport
hazard is a public nuisance and an injury to the community served by the airport in question;
(2) deleted text beginthatdeleted text end it is deleted text begintherefordeleted text end necessary in the interest of the public health, public safety, and general
welfare that the creation or establishment of airport hazards be prevented and that this should
be accomplished to the extent legally possible, by exercise of the police power, without
compensation; and (3) deleted text beginthatdeleted text end the elimination or removal of existing land usesdeleted text begin, particularly
established residential neighborhoods in built-up urban areas,
deleted text end or their designation as
nonconforming uses is not in the public interest and should be avoided whenever possible
consistent with reasonable standards of safety.

(c) It is further declared that the prevention of the creation or establishment of airport
hazards and the elimination, removal, alteration, mitigation, or marking and lighting of
existing airport hazards are new text beginessential new text endpublic deleted text beginpurposesdeleted text endnew text begin servicesnew text end for which political subdivisions
may raise and expend public funds and acquire land or property interests therein.

Sec. 80.

Minnesota Statutes 2016, section 360.063, subdivision 1, is amended to read:


Subdivision 1.

Enforcement under police power.

(a) In order to prevent the creation
or establishment of airport hazards, every municipality having an airport hazard area within
its territorial limits may, unless a joint airport zoning board is permitted under subdivision
3, adopt, amend from time to time, administer, and enforce, under the police power and in
the manner and upon the conditions hereinafter prescribed, airport zoning regulations for
such airport hazard area, which regulations may divide such area into zones, and, within
such zones, specify the land uses permitted and regulate and restrict the height to which
structures and trees may be erected or allowed to grow.

(b) deleted text beginFor the purpose of promotingdeleted text endnew text begin In order to promotenew text end health, safety, order, convenience,
prosperity, general welfare and deleted text beginfor conservingdeleted text endnew text begin to conservenew text end property values and deleted text beginencouragingdeleted text endnew text begin
encourage
new text end the most appropriate use of land, the municipality may regulate deleted text beginthe location, size
and use of buildings and the density of population in that portion of an airport hazard area
under approach zones for a distance not to exceed two miles from the airport boundary and
in other portions of an
deleted text endnew text begin innew text end airport hazard deleted text beginarea may regulate by land use zoning for a distance
not to exceed one mile from the airport boundary, and by height-restriction zoning for a
distance not to exceed 1-1/2 miles from the airport boundary
deleted text endnew text begin areas: (1) land use; (2) height
restrictions; (3) the location, size, and use of buildings; and (4) the density of population
new text end.

(c) The powers granted by this subdivision may be exercised by metropolitan airports
commissions in contiguous cities of the first class in and for which they have been created.

(d) In the case of airports owned or operated by the state of Minnesota such powers shall
be exercised by the state airport zoning boards or by the commissioner of transportation as
authorized herein.

Sec. 81.

Minnesota Statutes 2016, section 360.063, subdivision 3, is amended to read:


Subd. 3.

Joint airport zoning board.

(a) Where an airport is owned or controlled by a
municipality and an airport hazard area appertaining to the airport is located within the
territorial limits of another county or municipality, the municipality owning or controlling
the airport may request a county or municipality in which an airport hazard area is located:

(1) to adopt and enforce airport zoning regulations for the area in question deleted text beginthat conform
to standards prescribed by the commissioner pursuant to subdivision 4
deleted text endnew text begin under sections
360.0655 and 360.0656
new text end; or

(2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning
or controlling municipality shall determine which of these actions it shall request, except
as provided in paragraph (e) for the Metropolitan Airports Commission. The request shall
be made by certified mail to the governing body of each county and municipality in which
an airport hazard area is located.

(b) Where an airport is owned or controlled by a municipality and an airport hazard area
appertaining to the airport is located within the territorial limits of another county or
municipality, the municipality owning or controlling the airport and the county or other
municipality within which the airport hazard area is located may, by ordinance or resolution
duly adopted, create a joint airport zoning board, which board shall have the same power
to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard
area in question as that vested by subdivision 1 in the municipality within which the area
is located. A joint board shall have as members two representatives appointed by the
municipality owning or controlling the airport and two from the county or municipality, or
in case more than one county or municipality is involved two from each county or
municipality, in which the airport hazard is located, and in addition a chair elected by a
majority of the members so appointed. All members shall serve at the pleasure of their
respective appointing authority. Notwithstanding any other provision of law to the contrary,
if the owning and controlling municipality is a city of the first class it shall appoint four
members to the board, and the chair of the board shall be elected from the membership of
the board.

(c) If a county or municipality, within 60 days of receiving a request from an owning
or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to
enforce, the zoning regulations or fails to join in creating a joint airport zoning board, the
owning or controlling municipality, or a joint airport zoning board created without
participation by the subdivisions which fail to join the board, may itself adopt, administer,
and enforce airport zoning regulations for the airport hazard area in question. In the event
of conflict between the regulations and airport zoning regulations adopted by the county or
municipality within which the airport hazard area is located, section 360.064, subdivision
2
, applies.

(d) "Owning or controlling municipality," as used in this subdivision, includes:

(1) a joint airport operating board created pursuant to section 360.042 that has been
granted all the powers of a municipality in zoning matters under the agreement creating the
board;

(2) a joint airport operating board created pursuant to section 360.042 that has not been
granted zoning powers under the agreement creating the board; provided that the board shall
not itself adopt zoning regulations nor shall a joint airport zoning board created at its request
adopt zoning regulations unless all municipalities that created the joint operating board join
to create the joint zoning board; and

(3) the Metropolitan Airports Commission established and operated pursuant to chapter
473.

(e) The Metropolitan Airports Commission shall request creation of one joint airport
zoning board for each airport operated under its authority.

Sec. 82.

Minnesota Statutes 2016, section 360.064, subdivision 1, is amended to read:


Subdivision 1.

Comprehensive regulations.

In the event that a municipality has adopted,
or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the
height of buildings, any airport zoning regulations applicable to the same area or portion
thereof deleted text beginmaydeleted text endnew text begin mustnew text end be new text beginincorporated by reference ornew text end incorporated in and made a part of such
comprehensive zoning regulations and be administered and enforced in connection therewith.

Sec. 83.

Minnesota Statutes 2016, section 360.065, subdivision 1, is amended to read:


Subdivision 1.

Notice of proposed zoning regulations, hearing.

new text begin(a) new text endNo airport zoning
regulations shall be adopted, amended, or changed under sections 360.011 to 360.076,
except by action of the governing body of the municipality deleted text beginordeleted text endnew text begin,new text end county deleted text beginin questiondeleted text end, new text beginor joint
airport zoning board under section 360.0655 or 360.0656,
new text endor the boards provided for in
section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions
6 and 8deleted text begin, after public hearings, at which parties in interest and citizens shall have an
opportunity to be heard
deleted text end.

new text begin (b)new text end A public hearing deleted text beginshalldeleted text endnew text begin mustnew text end be held on the deleted text beginproposeddeleted text endnew text begin airport zoningnew text end regulations
new text begin proposed by a municipality, county, or joint airport zoning board new text endbefore they are submitted
deleted text begin for approvaldeleted text end to the commissioner deleted text beginand after that approval but before final adoption by the
local zoning authority
deleted text endnew text begin for approvalnew text end.new text begin If any changes that alter the regulations placed on a
parcel of land are made to the proposed airport zoning regulations after the initial public
hearing, the municipality, county, or joint airport zoning board must hold a second public
hearing before final adoption of the regulation. The commissioner may require a second
hearing as determined necessary.
new text end

new text begin (c)new text end Notice of a hearing deleted text beginrequired pursuant to this subdivision shalldeleted text endnew text begin mustnew text end be published by
the deleted text beginlocal zoning authoritydeleted text endnew text begin municipality, county, or joint airport zoning boardnew text end at least three
times during the period between 15 days and five days before the hearing in an official
newspaper and in a second newspaper designated by that authority which has a wide general
circulation in the area affected by the proposed regulationsdeleted text begin.deleted text end new text beginand posted on the municipality's,
county's, or joint airport zoning board's Web site. If there is not a second newspaper of wide
general circulation in the area that the municipality, county, or joint airport zoning board
can designate for the notice, the municipality, county, or joint airport zoning board is only
required to publish the notice once in the official newspaper of the jurisdiction.
new text end The notice
shall not be published in the legal notice section of a newspaper.new text begin The notice must specify
the time, location, and purpose of the hearing, and must identify any additional location and
time the proposed regulations will be available for public inspection. A copy of the published
notice must be added to the record of the proceedings.
new text end

new text begin (d)new text end Notice of a hearing deleted text beginshall also be mailed to the governing body of each political
subdivision in which property affected by the regulations is located. Notice shall
deleted text endnew text begin mustnew text end be
given by mail at least deleted text begin15deleted text endnew text begin tennew text end days before each hearing to deleted text beginanydeleted text end persons deleted text beginin municipalities that
own land proposed to be included in safety zone A or B as provided in the rules of the
Department of Transportation
deleted text end and new text beginlandowners where the location or size of a building, or
the density of population, will be regulated. Mailed notice must also be provided at least
ten days before each hearing
new text endto persons or municipalities that have previously requested
such notice from the deleted text beginauthority.deleted text end new text beginmunicipality, county, or joint airport zoning board. The
notice must specify the time, location, and purpose of the hearing, and must identify any
additional location and time the proposed regulations will be made available for public
inspection. Mailed notice must also identify the property affected by the regulations.
new text endFor
the purpose of deleted text begingivingdeleted text endnew text begin providingnew text end mailed notice, the deleted text beginauthoritydeleted text endnew text begin municipality, county, or joint
airport zoning board
new text end may use any appropriate records to determine the names and addresses
of owners. A copy of the notice and a list of the owners and addresses to which the notice
was sent deleted text beginshall be attested to by the responsible person and shalldeleted text endnew text begin mustnew text end be deleted text beginmade a part ofdeleted text endnew text begin
added to
new text end the records of the proceedings. deleted text beginThedeleted text end Failure to deleted text begingivedeleted text endnew text begin providenew text end mailed notice to
individual property ownersdeleted text begin,deleted text end or deleted text begindefectsdeleted text endnew text begin a defectnew text end in the noticedeleted text begin, shalldeleted text endnew text begin doesnew text end not invalidate the
proceedingsdeleted text begin; provideddeleted text endnew text begin ifnew text end a bona fide attempt to comply with this subdivision deleted text beginhas beendeleted text endnew text begin wasnew text end
made. deleted text beginA notice shall describe the property affected by the proposed regulations and the
restrictions to be imposed on the property by the regulations and shall state the place and
time at which the proposed regulations are available for public inspection.
deleted text end

Sec. 84.

new text begin [360.0655] AIRPORT ZONING REGULATIONS BASED ON
COMMISSIONER'S STANDARDS; SUBMISSION PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Submission to commissioner; review. new text end

new text begin (a) Except as provided in section
360.0656, prior to adopting zoning regulations the municipality, county, or joint airport
zoning board must submit the proposed regulations to the commissioner for the commissioner
to determine whether the regulations conform to the standards prescribed by the
commissioner. The municipality, county, or joint airport zoning board may elect to complete
custom airport zoning under section 360.0656 instead of using the commissioner's standard,
but only after providing written notice to the commissioner.
new text end

new text begin (b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period. If the commissioner requests additional information, the 90-day review period
is tolled until the commissioner receives information and deems the information satisfactory.
new text end

new text begin (c) If the commissioner objects on the grounds that the regulations do not conform to
the standards prescribed by the commissioner, the municipality, county, or joint airport
zoning board must make amendments necessary to resolve the objections or provide written
notice to the commissioner that the municipality, county, or joint airport zoning board has
elected to proceed with zoning under section 360.0656.
new text end

new text begin (d) If the municipality, county, or joint airport zoning board makes revisions to the
proposed regulations after its initial public hearing, the municipality, county, or joint airport
zoning board must conduct a second public hearing on the revisions and resubmit the revised
proposed regulations to the commissioner for review. The commissioner must examine the
revised proposed regulations within 90 days of receipt to determine whether the revised
proposed regulations conform to the standards prescribed by the commissioner.
new text end

new text begin (e) If, after a second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that conform to
the commissioner's standards, the commissioner must provide a final written decision to
the municipality, county, or joint airport zoning board.
new text end

new text begin (f) The municipality, county, or joint airport zoning board must not adopt regulations
or take other action until the proposed regulations are approved by the commissioner.
new text end

new text begin (g) The commissioner may approve local zoning ordinances that are more stringent than
the commissioner's standards.
new text end

new text begin (h) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end

new text begin (i) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end

new text begin (j) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end

new text begin Subd. 2. new text end

new text begin Protection of existing land uses. new text end

new text begin (a) In order to ensure minimum disruption
of existing land uses, the commissioner's airport zoning standards and local airport zoning
ordinances or regulations adopted under this section must distinguish between the creation
or establishment of a use and the elimination of an existing use, and must avoid the
elimination, removal, or reclassification of existing uses to the extent consistent with
reasonable safety standards. The commissioner's standards must include criteria for
determining when an existing land use may constitute an airport hazard so severe that public
safety considerations outweigh the public interest in preventing disruption to that land use.
new text end

new text begin (b) Airport zoning regulations that classify as a nonconforming use or require
nonconforming use classification with respect to any existing low-density structure or
existing isolated low-density building lots must be adopted under sections 360.061 to
360.074.
new text end

new text begin (c) A local airport zoning authority may classify a land use described in paragraph (b)
as an airport hazard if the authority finds that the classification is justified by public safety
considerations and is consistent with the commissioner's airport zoning standards. Any land
use described in paragraph (b) that is classified as an airport hazard must be acquired, altered,
or removed at public expense.
new text end

new text begin (d) This subdivision must not be construed to affect the classification of any land use
under any zoning ordinances or regulations not adopted under sections 360.061 to 360.074.
new text end

Sec. 85.

new text begin [360.0656] CUSTOM AIRPORT ZONING STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Custom airport zoning standards; factors. new text end

new text begin (a) Notwithstanding section
360.0655, a municipality, county, or joint airport zoning board must provide notice to the
commissioner when the municipality, county, or joint airport zoning board intends to establish
and adopt custom airport zoning regulations under this section.
new text end

new text begin (b) Airport zoning regulations submitted to the commissioner under this subdivision are
not subject to the commissioner's zoning regulations under section 360.0655 or Minnesota
Rules, part 8800.2400.
new text end

new text begin (c) When developing and adopting custom airport zoning regulations under this section,
the municipality, county, or joint airport zoning board must include in the record a detailed
analysis that explains how the proposed custom airport zoning regulations addressed the
following factors to ensure a reasonable level of safety:
new text end

new text begin (1) the location of the airport, the surrounding land uses, and the character of
neighborhoods in the vicinity of the airport, including:
new text end

new text begin (i) the location of vulnerable populations, including schools, hospitals, and nursing
homes, in the airport hazard area;
new text end

new text begin (ii) the location of land uses that attract large assemblies of people in the airport hazard
area;
new text end

new text begin (iii) the availability of contiguous open spaces in the airport hazard area;
new text end

new text begin (iv) the location of wildlife attractants in the airport hazard area;
new text end

new text begin (v) airport ownership or control of the federal Runway Protection Zone and the
department's Clear Zone;
new text end

new text begin (vi) land uses that create or cause interference with the operation of radio or electronic
facilities used by the airport or aircraft;
new text end

new text begin (vii) land uses that make it difficult for pilots to distinguish between airport lights and
other lights, result in glare in the eyes of pilots using the airport, or impair visibility in the
vicinity of the airport;
new text end

new text begin (viii) land uses that otherwise inhibit a pilot's ability to land, take off, or maneuver the
aircraft;
new text end

new text begin (ix) airspace protection to prevent the creation of air navigation hazards in the airport
hazard area; and
new text end

new text begin (x) the social and economic costs of restricting land uses;
new text end

new text begin (2) the airport's type of operations and how the operations affect safety surrounding the
airport;
new text end

new text begin (3) the accident rate at the airport compared to a statistically significant sample, including
an analysis of accident distribution based on the rate with a higher accident incidence;
new text end

new text begin (4) the planned land uses within an airport hazard area, including any applicable platting,
zoning, comprehensive plan, or transportation plan; and
new text end

new text begin (5) any other information relevant to safety or the airport.
new text end

new text begin Subd. 2. new text end

new text begin Submission to commissioner; review. new text end

new text begin (a) Except as provided in section
360.0655, prior to adopting zoning regulations, the municipality, county, or joint airport
zoning board must submit its proposed regulations and the supporting record to the
commissioner for review. The commissioner must determine whether the proposed custom
airport zoning regulations and supporting record (1) evaluate the criteria under subdivision
1, and (2) provide a reasonable level of safety.
new text end

new text begin (b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period.
new text end

new text begin (c) If the commissioner objects on the grounds that the regulations do not provide a
reasonable level of safety, the municipality, county, or joint airport zoning board must
review, consider, and provide a detailed explanation demonstrating how it evaluated the
objections and what action it took or did not take in response to the objections. If the
municipality, county, or joint airport zoning board submits amended regulations after its
initial public hearing, the municipality, county, or joint airport zoning board must conduct
a second public hearing on the revisions and resubmit the revised proposed regulations to
the commissioner for review. The commissioner must examine the revised proposed
regulations within 90 days of receipt of the regulations. If the commissioner requests
additional information, the 90-day review period is tolled until satisfactory information is
received by the commissioner. Failure to respond within 90 days is deemed an approval.
new text end

new text begin (d) If, after the second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that provide a
reasonable safety level, the commissioner must provide a final written decision to the
municipality, county, or joint airport zoning board.
new text end

new text begin (e) A municipality, county, or joint airport zoning board is prohibited from adopting
custom regulations or taking other action until the proposed regulations are approved by
the commissioner.
new text end

new text begin (f) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end

new text begin (g) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end

new text begin (h) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end

Sec. 86.

Minnesota Statutes 2016, section 360.066, subdivision 1, is amended to read:


Subdivision 1.

Reasonableness.

deleted text beginStandards of the commissionerdeleted text endnew text begin Zoning standardsnew text end defining
airport hazard areas and the categories of uses permitted and airport zoning regulations
adopted under sections 360.011 to 360.076deleted text begin, shalldeleted text endnew text begin mustnew text end be reasonabledeleted text begin,deleted text end and none shall impose
a requirement or restriction deleted text beginwhichdeleted text endnew text begin thatnew text end is not reasonably necessary to effectuate the purposes
of sections 360.011 to 360.076. deleted text beginIn determining what minimum airport zoning regulations
may be adopted, the commissioner and a local airport zoning authority shall consider, among
other things, the character of the flying operations expected to be conducted at the airport,
the location of the airport, the nature of the terrain within the airport hazard area, the existing
land uses and character of the neighborhood around the airport, the uses to which the property
to be zoned are planned and adaptable, and the social and economic costs of restricting land
uses versus the benefits derived from a strict application of the standards of the commissioner.
deleted text end

Sec. 87.

Minnesota Statutes 2016, section 360.067, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Federal no hazard determination. new text end

new text begin (a) Notwithstanding subdivisions 1 and 2,
a municipality, county, or joint airport zoning board may include in its custom airport zoning
regulations adopted under section 360.0656 an option to permit construction of a structure,
an increase or alteration of the height of a structure, or the growth of an existing tree without
a variance from height restrictions if the Federal Aviation Administration has analyzed the
proposed construction, alteration, or growth under Code of Federal Regulations, title 14,
part 77, and has determined the proposed construction, alteration, or growth does not:
new text end

new text begin (1) pose a hazard to air navigation;
new text end

new text begin (2) require changes to airport or aircraft operations; or
new text end

new text begin (3) require any mitigation conditions by the Federal Aviation Administration that cannot
be satisfied by the landowner.
new text end

new text begin (b) A municipality, county, or joint airport zoning board that permits an exception to
height restrictions under this subdivision must require the applicant to file the Federal
Aviation Administration's no hazard determination with the applicable zoning administrator.
The applicant must obtain written approval of the zoning administrator before construction,
alteration, or growth may occur. Failure of the administrator to respond within 60 days to
a filing under this subdivision is deemed a denial. The Federal Aviation Administration's
no hazard determination does not apply to requests for variation from land use, density, or
any other requirement unrelated to the height of structures or the growth of trees.
new text end

Sec. 88.

Minnesota Statutes 2016, section 360.071, subdivision 2, is amended to read:


Subd. 2.

Membership.

new text begin(a) new text endWhere a zoning board of appeals or adjustment already exists,
it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall
consist of five members, each to be appointed for a term of three years by the authority
adopting the regulations and to be removable by the appointing authority for cause, upon
written charges and after public hearing. new text beginThe length of initial appointments may be staggered.
new text end

new text begin (b) new text endIn the case of a Metropolitan Airports Commission, five members shall be appointed
by the commission new text beginchair new text endfrom the area in and for which the commission was created, any
of whom may be members of the commission. In the case of an airport owned or operated
by the state of Minnesota, the board of commissioners of the county, or counties, in which
the airport hazard area is located shall constitute the airport board of adjustment and shall
exercise the powers and duties of such board as provided herein.

Sec. 89.

Minnesota Statutes 2016, section 360.305, subdivision 6, is amended to read:


Subd. 6.

Zoning required.

The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end not expend money for new text beginplanning
or
new text endland acquisition, deleted text beginordeleted text end for the construction, improvement, or maintenance of airports, or for
air navigation facilities for an airport, unless the deleted text begingovernmental unitdeleted text endnew text begin municipality, county,
or joint airport zoning board
new text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text beginThe commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation.
new text endThe commissioner deleted text beginshalldeleted text endnew text begin mustnew text end make maximum use of zoning and easements
to eliminate runway and other potential airport hazards rather than land acquisition in fee.

Sec. 90.

Minnesota Statutes 2016, section 394.22, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Airport safety zone. new text end

new text begin "Airport safety zone" means an area subject to land use
zoning controls adopted under sections 360.061 to 360.074 if the zoning controls regulate
(1) the size or location of buildings, or (2) the density of population.
new text end

Sec. 91.

Minnesota Statutes 2016, section 394.23, is amended to read:


394.23 COMPREHENSIVE PLAN.

The board has the power and authority to prepare and adopt by ordinance, a
comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
the basis for official controls adopted under the provisions of sections 394.21 to 394.37.
The commissioner of natural resources must provide the natural heritage data from the
county biological survey, if available, to each county for use in the comprehensive plan.
When adopting or updating the comprehensive plan, the board must, if the data is available
to the county, consider natural heritage data resulting from the county biological survey. In
a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision
10b
, the board must consider adopting goals and objectives that will protect open space and
the environment.new text begin The board must consider the location and dimensions of airport safety
zones in any portion of the county, and of any airport improvements, identified in the airport's
most recent approved airport layout plan.
new text end

Sec. 92.

Minnesota Statutes 2016, section 394.231, is amended to read:


394.231 COMPREHENSIVE PLANS IN GREATER MINNESOTA; OPEN SPACE.

A county adopting or updating a comprehensive plan in a county outside the metropolitan
area as defined by section 473.121, subdivision 2, and that is not a greater than 80 percent
area, as defined in section 103G.005, subdivision 10b, shall consider adopting goals and
objectives for the preservation of agricultural, forest, wildlife, and open space land, and
minimizing development in sensitive shoreland areas. Within three years of updating the
comprehensive plan, the county shall consider adopting ordinances as part of the county's
official controls that encourage the implementation of the goals and objectives. The county
shall consider the following goals and objectives:

(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;

(2) minimizing further development in sensitive shoreland areas;

(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;

new text begin (4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;

deleted text begin (5)deleted text endnew text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;

deleted text begin (6)deleted text endnew text begin (7)new text end identification of areas where other developments are appropriate; and

deleted text begin (7)deleted text endnew text begin (8)new text end other goals and objectives a county may identify.

Sec. 93.

Minnesota Statutes 2016, section 394.25, subdivision 3, is amended to read:


Subd. 3.

In district zoning, maps.

Within each such district zoning ordinances or maps
may also be adopted designating or limiting the location, height, width, bulk, type of
foundation, number of stories, size of, and the specific uses for which dwellings, buildings,
and structures may be erected or altered; the minimum and maximum size of yards, courts,
or other open spaces; setback from existing roads and highways and roads and highways
designated on an official map; protective measures necessary to protect the public interest
including but not limited to controls relating to appearance, signs, lighting, hours of operation
and other aesthetic performance characteristics including but not limited to noise, heat,
glare, vibrations and smoke; the area required to provide for off street loading and parking
facilities; heights of trees and structures near airports; and to avoid too great concentration
or scattering of the population. All such provisions shall be uniform for each class of land
or building throughout each district, but the provisions in one district may differ from those
in other districts. No provision may prohibit earth sheltered construction as defined in section
216C.06, subdivision 14, or manufactured homes built in conformance with sections 327.31
to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section.new text begin
Airport safety zones must be included on maps that illustrate boundaries of zoning districts
and that are adopted as official controls.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end

Sec. 94.

Minnesota Statutes 2016, section 462.352, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Airport safety zone. new text end

new text begin "Airport safety zone" has the meaning given in section
394.22, subdivision 1a.
new text end

Sec. 95.

Minnesota Statutes 2016, section 462.355, subdivision 1, is amended to read:


Subdivision 1.

Preparation and review.

The planning agency shall prepare the
comprehensive municipal plan. In discharging this duty the planning agency shall consult
with and coordinate the planning activities of other departments and agencies of the
municipality to insure conformity with and to assist in the development of the comprehensive
municipal plan. In its planning activities the planning agency shall take due cognizance of
the planning activities of adjacent units of government and other affected public agencies.
The planning agency shall periodically review the plan and recommend amendments
whenever necessary. When preparing or recommending amendments to the comprehensive
plan, the planning agency of a municipality located within a county that is not a greater than
80 percent area, as defined in section 103G.005, subdivision 10b, must consider adopting
goals and objectives that will protect open space and the environment.new text begin When preparing or
recommending amendments to the comprehensive plan, the planning agency must consider
(1) the location and dimensions of airport safety zones in any portion of the municipality,
and (2) any airport improvements identified in the airport's most recent approved airport
layout plan.
new text end

Sec. 96.

Minnesota Statutes 2016, section 462.357, is amended by adding a subdivision
to read:


new text begin Subd. 1i. new text end

new text begin Airport safety zones on zoning maps. new text end

new text begin Airport safety zones must be included
on maps that illustrate boundaries of zoning districts and that are adopted as official controls.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end

Sec. 97.

Minnesota Statutes 2016, section 462.357, subdivision 9, is amended to read:


Subd. 9.

Development goals and objectives.

In adopting official controls after July 1,
2008, in a municipality outside the metropolitan area, as defined by section 473.121,
subdivision 2
, the municipality shall consider restricting new residential, commercial, and
industrial development so that the new development takes place in areas subject to the
following goals and objectives:

(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;

(2) minimizing further development in sensitive shoreland areas;

(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;

new text begin (4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;

deleted text begin (5)deleted text endnew text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;

deleted text begin (6)deleted text endnew text begin (7)new text end identification of areas where other developments are appropriate; and

deleted text begin (7)deleted text endnew text begin (8)new text end other goals and objectives a municipality may identify.

Sec. 98.

Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to
read:


new text begin Subd. 1d. new text end

new text begin Budget amendments. new text end

new text begin In conjunction with the adoption of any amendment
to a budget under subdivision 1, the council must submit a summary of the budget changes
and a copy of the amended budget to the members and staff of the legislative committees
with jurisdiction over transportation policy and finance and to the Legislative Commission
on Metropolitan Government.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 99.

Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Overview of revenues and expenditures; forecast. new text end

new text begin (a) In cooperation with
the Department of Management and Budget and as required by section 16A.103, in February
and November of each year the council must prepare a financial overview and forecast of
revenues and expenditures for the transportation components of the council's budget.
new text end

new text begin (b) At a minimum, the financial overview and forecast must identify:
new text end

new text begin (1) actual revenues, expenditures, transfers, reserves, and balances for each of the previous
four budget years;
new text end

new text begin (2) budgeted and forecasted revenues, expenditures, transfers, reserves, and balances
for each year within the state forecast period; and
new text end

new text begin (3) a comparison of the information under clause (2) to the prior forecast, including any
changes made.
new text end

new text begin (c) The information under paragraph (b), clauses (1) and (2), must include:
new text end

new text begin (1) a breakdown for each transportation operating budget category established by the
council, including but not limited to bus, light rail transit, commuter rail, planning, special
transportation service under section 473.386, and assistance to replacement service providers
under section 473.388;
new text end

new text begin (2) data for both transportation operating and capital expenditures; and
new text end

new text begin (3) fund balances for each replacement service provider under section 473.388.
new text end

new text begin (d) The financial overview and forecast must summarize reserve policies, identify the
methodology for cost allocation, and review revenue assumptions and variables affecting
the assumptions.
new text end

new text begin (e) The council must review the financial overview and forecast information with the
chairs, ranking minority members, and staff of the legislative committees with jurisdiction
over finance, ways and means, and transportation finance no later than two weeks following
the release of the forecast.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 100.

Minnesota Statutes 2016, section 473.386, subdivision 3, is amended to read:


Subd. 3.

Duties of council.

In implementing the special transportation service, the council
shall:

(a) encourage participation in the service by public, private, and private nonprofit
providers of special transportation currently receiving capital or operating assistance from
a public agency;

(b) when feasible and cost-efficient, contract with public, private, and private nonprofit
providers that have demonstrated their ability to effectively provide service at a reasonable
cost;

(c) encourage individuals using special transportation to use the type of service most
appropriate to their particular needs;

(d) encourage shared rides to the greatest extent practicable;

(e) encourage public agencies that provide transportation to eligible individuals as a
component of human services and educational programs to coordinate with this service and
to allow reimbursement for transportation provided through the service at rates that reflect
the public cost of providing that transportation;

(f) establish criteria to be used in determining individual eligibility for special
transportation services;

(g) consult with the Transportation Accessibility Advisory Committee in a timely manner
before changes are made in the provision of special transportation services;

(h) provide for effective administration and enforcement of council policies and standards;
and

(i) ensure that, taken as a whole including contracts with public, private, and private
nonprofit providers, the geographic coverage area of the special transportation service is
continuous within the boundaries of the transit taxing district, as defined as of March 1,
2006, in section 473.446, subdivision 2new text begin, and any area added to the transit taxing district
under section 473.4461 that received capital improvements financed in part by the Minnesota
Urban Partnership Agreement (UPA) under the United States Department of Transportation
UPA program
new text end.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective July 1, 2019, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 101.

Minnesota Statutes 2016, section 473.386, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Data practices. new text end

new text begin (a) For purposes of administering this section, and only with
the consent of the data subject, the commissioner of human services and the Metropolitan
Council may share the following private data on individuals eligible for special transportation
services:
new text end

new text begin (1) name;
new text end

new text begin (2) date of birth;
new text end

new text begin (3) residential address; and
new text end

new text begin (4) program eligibility status with expiration date, to inform the other party of program
eligibility.
new text end

new text begin (b) The commissioner of human services and the Metropolitan Council must provide
notice regarding data sharing to each individual applying for or renewing eligibility to use
special transportation services. The notice must seek consent to engage in data sharing under
paragraph (a), and must state how and for what purposes the individual's private data will
be shared between the commissioner of human services and the Metropolitan Council. A
consent to engage in data sharing is effective until the individual's eligibility expires, but
may be renewed if the individual applies to renew eligibility.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington. Within 60 days of this section's effective date, the commissioner
of human services and the Metropolitan Council must provide notice regarding data sharing
to each individual who is currently receiving special transportation services under Minnesota
Statutes, section 473.386. The notice must provide an opportunity to opt out of data sharing
under paragraph (a) of this section, and must state how and for what purposes the individual's
private data will be shared between the commissioner of human services and the Metropolitan
Council. An individual who is currently receiving special transportation services on this
section's effective date is presumed to have consented to data sharing under paragraph (a)
unless, within 60 days of the dissemination of the notice, the individual appropriately informs
the commissioner of human services or the Metropolitan Council that the individual opts
out of data sharing.
new text end

Sec. 102.

Minnesota Statutes 2017 Supplement, section 473.4051, subdivision 2, is amended
to read:


Subd. 2.

Operating costs.

(a) After operating revenue and federal money have been
used to pay for light rail transit operations, 50 percent of the remaining operating costs must
be paid by the state.

(b) Notwithstanding paragraph (a), all operating and ongoing capital maintenance costs
must be paid from nonstate sources for a segment of a light rail transit line or line extension
project that formally entered the engineering phase of the Federal Transit Administration's
"New Starts" capital investment grant program between August 1, 2016, and December 31,
2016.

new text begin (c) For purposes of this subdivision, operating costs consist of the costs associated with
light rail system daily operations and the maintenance costs associated with keeping light
rail services and facilities operating. Operating costs do not include costs incurred to construct
new buildings or facilities, purchase new vehicles, or make technology improvements.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 103.

Minnesota Statutes 2016, section 473.4051, subdivision 3, is amended to read:


Subd. 3.

Capital costs.

State money deleted text beginmaydeleted text endnew text begin mustnew text end not be used deleted text beginto pay more than ten percent
of
deleted text endnew text begin fornew text end the deleted text begintotaldeleted text end capital cost of a light rail transit project.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment for appropriations encumbered on or after that date and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 104.

Minnesota Statutes 2016, section 473.606, subdivision 5, is amended to read:


Subd. 5.

Employees, others, affirmative action; prevailing wage.

The corporation
shall have the power to appoint engineers and other consultants, attorneys, and such other
officers, agents, and employees as it may see fit, who shall perform such duties and receive
such compensation as the corporation may determinenew text begin notwithstanding the provisions of
section 43A.17, subdivision 9
new text end, and be removable at the pleasure of the corporation. The
corporation must adopt an affirmative action plan, which shall be submitted to the appropriate
agency or office of the state for review and approval. The plan must include a yearly progress
report to the agency or office. Whenever the corporation performs any work within the
limits of a city of the first class, or establishes a minimum wage for skilled or unskilled
labor in the specifications or any contract for work within one of the cities, the rate of pay
to such skilled and unskilled labor must be the prevailing rate of wage for such labor in that
city.

Sec. 105.

Minnesota Statutes 2016, section 574.26, subdivision 1a, is amended to read:


Subd. 1a.

Exemptions: certain manufacturers; commissioner of transportation;
road maintenance.

(a) Sections 574.26 to 574.32 do not apply to a manufacturer of public
transit buses that manufactures at least 100 public transit buses in a calendar year. For
purposes of this section, "public transit bus" means a motor vehicle designed to transport
people, with a design capacity for carrying more than 40 passengers, including the driver.
The term "public transit bus" does not include a school bus, as defined in section 169.011,
subdivision 71
.

(b) At the discretion of the commissioner of transportation, sections 574.26 to 574.32
do not apply to any projects of the Department of Transportation (1) costing less than the
amount in section 471.345, subdivision 3, deleted text beginordeleted text end (2) involving the permanent or semipermanent
installation of heavy machinery, fixtures, or other capital equipment to be used primarily
for maintenance or repairnew text begin, or (3) awarded under section 161.32, subdivision 2new text end.

(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice removal,
grading, or other similar routine road maintenance on town roads.

Sec. 106.

new text begin [604.135] CRITICAL INFRASTRUCTURE; JOINT AND SEVERAL
LIABILITY.
new text end

new text begin (a) A person who is convicted of trespass under section 609.6055 or damage to property
under section 609.594, or is arrested for a violation of one or both of those sections and
convicted of another offense arising out of the same behavioral incident, may be held liable
for any damages to personal or real property committed by the person while trespassing or
causing damage to property.
new text end

new text begin (b) A person or entity that knowingly recruits, trains, aids, advises, hires, counsels,
conspires with, or otherwise procures another for the purpose of trespassing or causing
damage to property as described in paragraph (a) may also be jointly and severally liable
for the damages under paragraph (a).
new text end

new text begin (c) A labor organization, its leaders, or its members shall not be subject to this provision
unless the labor organization, its leaders, or its members knowingly recruits, trains, aids,
advises, hires, counsels, conspires with, or otherwise procures another for the purpose of
trespassing or causing damage to critical infrastructure.
new text end

new text begin (d) As used in this section, "labor organization" has the meaning given in section 179.01,
subdivision 6.
new text end

new text begin (e) Nothing in this section shall interfere with the rights specifically granted in sections
179.01 to 179.17, the Fair Labor Standards Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to causes
of action arising on or after that date.
new text end

Sec. 107.

Minnesota Statutes 2016, section 609.594, subdivision 2, is amended to read:


Subd. 2.

Prohibited conduct; penalty.

new text begin(a) new text endWhoever causes damage to the physical
property of a critical public service facility, utility, or pipeline with the intent to significantly
disrupt the operation of or the provision of services by the facility, utility, or pipeline and
without the consent of one authorized to give consent, is guilty of a felony and may be
sentenced to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both.

new text begin (b) A person who intentionally aids, advises, hires, counsels, or conspires with or
otherwise procures another to violate paragraph (a) may be held criminally liable under
section 609.605. A "person" for these purposes means an individual, partnership, association,
public or private corporation, or other entity.
new text end

new text begin (c) A labor organization, its leaders, or its members shall not be subject to this unless
the labor organization, its leaders, or its members intentionally aids, advises, hires, counsels,
or conspires with or otherwise procures an individual to damage critical infrastructure.
new text end

new text begin (d) As used in this section, "labor organization" has the meaning given in section 179.01,
subdivision 6.
new text end

new text begin (e) Nothing in this section shall interfere with the rights specifically granted in sections
179.01 to 179.17, the Fair Labor Standards Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to offenses
committed on or after that date.
new text end

Sec. 108.

Minnesota Statutes 2016, section 609.6055, subdivision 2, is amended to read:


Subd. 2.

Prohibited conduct; penalty.

(a) Whoever enters or is found upon property
containing a critical public service facility, utility, or pipeline, without claim of right or
consent of one who has the right to give consent to be on the property, is guilty of a gross
misdemeanor, if:

(1) the person refuses to depart from the property on the demand of one who has the
right to give consent;

(2) within the past six months, the person had been told by one who had the right to give
consent to leave the property and not to return, unless a person with the right to give consent
has given the person permission to return; or

(3) the property is posted.

(b) Whoever enters an underground structure that (1) contains a utility line or pipeline
and (2) is not open to the public for pedestrian use, without claim of right or consent of one
who has the right to give consent to be in the underground structure, is guilty of a gross
misdemeanor. The underground structure does not need to be posted for this paragraph to
apply.

new text begin (c) Unless a greater penalty is provided elsewhere, whoever violates this section with
intent to damage, destroy, or tamper with equipment, or significantly impede or inhibit
operation, is guilty of a felony and may be sentenced to imprisonment for not more than
three years or to payment of a fine of not more than $5,000, or both.
new text end

new text begin (d) A person who intentionally aids, advises, hires, counsels, or conspires with or
otherwise procures another to violate paragraphs (a), (b), or (c) may be held criminally
liable under section 609.605. A "person" for these purposes means an individual, partnership,
association, public or private corporation, or other entity.
new text end

new text begin (e) A labor organization, its leaders, or its members shall not be subject to this provision
unless the labor organization, its leaders, or its members intentionally aids, advises, hires,
counsels, or conspires with or otherwise procures another to trespass on critical infrastructure.
new text end

new text begin (f) As used in this section, "labor organization" has the meaning given in section 179.01,
subdivision 6.
new text end

new text begin (g) Nothing in this section shall interfere with the rights specifically granted in sections
179.01 to 179.17, the Fair Labor Standards Act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to offenses
committed on or after that date.
new text end

Sec. 109.

Laws 2014, chapter 312, article 11, section 38, subdivision 5, is amended to
read:


Subd. 5.

Pilot program evaluation.

In coordination with the city, the commissioner of
transportation shall evaluate effectiveness of the pilot program under this section, which
must include analysis of traffic safety impacts, utility to motorists and tourists, costs and
expenditures, extent of community support, and pilot program termination or continuation.
By January 15, deleted text begin2021deleted text endnew text begin 2024new text end, the commissioner shall submit a report on the evaluation to the
deleted text begin chairs and ranking minoritydeleted text end membersnew text begin and staffnew text end of the legislative committees with jurisdiction
over transportation policy and finance.

Sec. 110.

Laws 2014, chapter 312, article 11, section 38, subdivision 6, is amended to
read:


Subd. 6.

Expiration.

The pilot program under this section expires January 1, deleted text begin2022deleted text endnew text begin 2025new text end.

Sec. 111. new text beginLEGISLATIVE ROUTE NO. 222 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 153, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Red Lake County to transfer jurisdiction of
Legislative Route No. 222 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 112. new text beginLEGISLATIVE ROUTE NO. 253 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 184, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 253 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 113. new text beginLEGISLATIVE ROUTE NO. 254 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 185, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 254 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 114. new text beginLEGISLATIVE ROUTE NO. 277 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 208, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Chippewa County to transfer jurisdiction of
Legislative Route No. 277 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 115. new text beginLEGISLATIVE ROUTE NO. 298 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 229, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 298 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 116. new text beginLEGISLATIVE ROUTE NO. 299 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 230, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 299 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 117. new text beginLEGISLATIVE ROUTE NO. 323 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 254, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 323 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 118. new text beginDEPARTMENT OF TRANSPORTATION LOAN CONVERSION AND
LIEN RELEASE.
new text end

new text begin The commissioner of transportation must (1) convert to a grant the remaining balance
on Minnesota Department of Transportation Contract No. 1000714, originally executed as
of June 1, 2015, with Minnesota Commercial Railway Company; (2) cancel all future
payments under the contract; (3) release liens on the locomotives designated as MNNR 49
and MNNR 84; and (4) perform the appropriate filing. The commissioner is prohibited from
requiring or accepting additional payments under the contract as of the effective date of this
section. Notwithstanding the loan conversion and payment cancellation under this section,
all other terms and conditions under Contract No. 1000714 remain effective for the duration
of the period specified in the contract.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 119. new text beginNORTHSTAR CORRIDOR EXTENSION; NEGOTIATIONS.
new text end

new text begin The Department of Transportation must contact Burlington Northern Santa Fe Railway
(BNSF) to negotiate an extension of the Northstar Corridor between Big Lake and St. Cloud.
Negotiations under this section are subject to the following conditions:
new text end

new text begin (1) the Northstar Corridor will add at least one morning round trip departure between
the St. Cloud Amtrak Depot and Big Lake Station with continuing service to Target Station
each weekday, plus one evening round trip between Big Lake Station and St. Cloud Amtrak
Depot that must begin at Target Station, with the departure and arrival times set so that
approximately ten or more hours elapse between the morning departure and evening return
each day for both round trips. The Department of Transportation may also negotiate weekend
departures and arrivals between St. Cloud and Target Station;
new text end

new text begin (2) the Department of Transportation may negotiate for fewer round trip departures from
Big Lake to Target Station each weekday, and fewer round trip departures on weekends;
new text end

new text begin (3) BNSF must continue to crew and dispatch all trains and provide other track-related
services;
new text end

new text begin (4) the St. Cloud Metropolitan Transit Commission (MTC) must be responsible for fare
collection in St. Cloud and must negotiate with Amtrak for using the Amtrak station. The
MTC must negotiate an agreement with the Metropolitan Council, which is subject to
approval by the city of St. Cloud, regarding the sharing of revenues and expenses related
to the Amtrak Depot, fare collection, and advertising. The MTC, city of St. Cloud, and
Stearns, Benton, and Sherburne Counties are prohibited from entering into agreements with
the Metropolitan Council on any subject other than the operation of the Northstar Corridor;
new text end

new text begin (5) the Department of Transportation is prohibited from committing to spend any state
funds on capital expenditures;
new text end

new text begin (6) the Department of Transportation is prohibited from committing to spend any more
state funds on operating costs than the total sum it and the Metropolitan Council have
budgeted for the Northstar Corridor; and
new text end

new text begin (7) the Department of Transportation may negotiate with the federal government, counties
and cities, or the Northstar Corridor Development Authority to provide additional funding
for services necessary to extend the Northstar Corridor.
new text end

Sec. 120. new text beginNORTHSTAR COMMUTER RAIL OPERATING COSTS; EXCEPTION.
new text end

new text begin (a) Minnesota Statutes, section 398A.10, subdivision 2, does not apply for reserve funds
available to the Anoka County Regional Railroad Authority as of June 30, 2018, that are
used to pay operating and maintenance costs of Northstar Commuter Rail.
new text end

new text begin (b) This section expires on January 1, 2021.
new text end

Sec. 121. new text beginMARKED INTERSTATE HIGHWAY 35 SIGNS.
new text end

new text begin The commissioner of transportation must erect signs that identify and direct motorists
to the campuses of Minnesota State Academy for the Deaf and Minnesota State Academy
for the Blind under Minnesota Statutes, sections 125A.61 to 125A.73. At least one sign in
each direction of travel must be placed on marked Interstate Highway 35, located as near
as practical to exits that reasonably access the campuses. The commissioner is prohibited
from removing signs for the campuses posted on marked Trunk Highway 60.
new text end

Sec. 122. new text beginCOMMERCIAL DRIVER'S LICENSE FEDERAL REGULATION
WAIVER REQUEST.
new text end

new text begin The commissioner of public safety must apply to the Federal Motor Carrier Safety
Administration for a waiver from the federal regulation that requires a person to have a
passenger endorsement to drive a bus with no passengers for the sole purpose of delivering
the bus to the purchaser.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 123. new text beginREVISOR INSTRUCTIONS.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota Statutes, section 160.02, subdivision
27a, as Minnesota Statutes, section 169.011, subdivision 73a. The revisor shall correct any
cross-references made necessary by this renumbering.
new text end

new text begin (b) The revisor of statutes shall change the term "special revenue fund" to "driver and
vehicle services fund" wherever the term appears in Minnesota Statutes when referring to
the accounts under Minnesota Statutes, section 299A.705.
new text end

Sec. 124. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, section 168.013, subdivision 21, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2016, section 221.161, subdivisions 2, 3, and 4, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2016, sections 360.063, subdivision 4; 360.065, subdivision 2;
and 360.066, subdivisions 1a and 1b,
new text end new text begin are repealed.
new text end

new text begin (d) new text end new text begin Minnesota Statutes 2016, sections 222.47; 222.50, subdivisions 1 and 7; and 222.51, new text end new text begin
are repealed.
new text end

new text begin (e) new text end new text begin Minnesota Statutes 2017 Supplement, sections 222.49; and 222.50, subdivision 6, new text end new text begin
are repealed.
new text end

Sec. 125. new text beginEFFECTIVE DATE; APPLICATION.
new text end

new text begin (a) Sections 75 to 77, 79 to 97, and section 124, paragraph (c), are effective August 1,
2018, and apply to airport sponsors that make or plan to make changes to runway lengths
or configurations on or after that date.
new text end

new text begin (b) Sections 75 to 77, 79 to 97, and section 124, paragraph (c), do not apply to airports
that (1) have airport safety zoning ordinances approved by this commissioner in effect on
August 1, 2018; (2) have not made and are not planning to make changes to runway lengths
or configurations; and (3) are not required to update airport safety zoning ordinances.
new text end

APPENDIX

Repealed Minnesota Statutes: H3138-3

62A.65 INDIVIDUAL MARKET REGULATION.

Subd. 7a.

Short-term coverage; applicability.

Notwithstanding subdivision 3, paragraph (g), and subdivision 7, paragraph (c), short-term coverage is not subject to section 62A.021.

144A.45 REGULATION OF HOME CARE SERVICES.

Subd. 6.

Home care providers; tuberculosis prevention and control.

(a) A home care provider must establish and maintain a comprehensive tuberculosis infection control program according to the most current tuberculosis infection control guidelines issued by the United States Centers for Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report (MMWR). This program must include a tuberculosis infection control plan that covers all paid and unpaid employees, contractors, students, and volunteers. The Department of Health shall provide technical assistance regarding implementation of the guidelines.

(b) Written compliance with this subdivision must be maintained by the home care provider.

144A.481 HOME CARE LICENSING IMPLEMENTATION FOR NEW LICENSEES AND TRANSITION PERIOD FOR CURRENT LICENSEES.

Subdivision 1.

Temporary home care licenses and changes of ownership.

(a) Beginning January 1, 2014, all temporary license applicants must apply for either a temporary basic or comprehensive home care license.

(b) Temporary home care licenses issued beginning January 1, 2014, shall be issued according to sections 144A.43 to 144A.4798, and the fees in section 144A.472. Temporary licensees must comply with the requirements of this chapter.

(c) No temporary license applications will be accepted nor temporary licenses issued between December 1, 2013, and December 31, 2013.

(d) Beginning October 1, 2013, changes in ownership applications will require payment of the new fees listed in section 144A.472. Providers who are providing nursing, delegated nursing, or professional health care services, must submit the fee for comprehensive home care providers, and all other providers must submit the fee for basic home care providers as provided in section 144A.472. Change of ownership applicants will be issued a new home care license based on the licensure law in effect on June 30, 2013.

Subd. 2.

Current home care licensees with licenses as of December 31, 2013.

(a) Beginning July 1, 2014, department licensed home care providers must apply for either the basic or comprehensive home care license on their regularly scheduled renewal date.

(b) By June 30, 2015, all home care providers must either have a basic or comprehensive home care license or temporary license.

Subd. 3.

Renewal application of home care licensure during transition period.

(a) Renewal and change of ownership applications of home care licenses issued beginning July 1, 2014, will be issued according to sections 144A.43 to 144A.4798 and, upon license renewal or issuance of a new license for a change of ownership, providers must comply with sections 144A.43 to 144A.4798. Prior to renewal, providers must comply with the home care licensure law in effect on June 30, 2013.

(b) The fees charged for licenses renewed between July 1, 2014, and June 30, 2016, shall be the lesser of 200 percent or $1,000, except where the 200 percent or $1,000 increase exceeds the actual renewal fee charged, with a maximum renewal fee of $6,625.

(c) For fiscal year 2014 only, the fees for providers with revenues greater than $25,000 and no more than $100,000 will be $313 and for providers with revenues no more than $25,000 the fee will be $125.

146B.02 ESTABLISHMENT LICENSE PROCEDURES.

Subd. 7a.

Supervisors.

(a) Only a technician who has been licensed as a body artist for at least two years in Minnesota or in a jurisdiction with which Minnesota has reciprocity may supervise a temporary technician.

(b) Any technician who agrees to supervise more than two temporary technicians during the same time period must provide to the commissioner a supervisory plan that describes how the technician will provide supervision to each temporary technician in accordance with section 146B.01, subdivision 28.

(c) The commissioner may refuse to approve as a supervisor a technician who has been disciplined in Minnesota or in another jurisdiction after considering the criteria described in subdivision 10, paragraph (b).

151.55 CANCER DRUG REPOSITORY PROGRAM.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in this subdivision have the meanings given.

(b) "Board" means the Board of Pharmacy.

(c) "Cancer drug" means a prescription drug that is used to treat:

(1) cancer or the side effects of cancer; or

(2) the side effects of any prescription drug that is used to treat cancer or the side effects of cancer.

(d) "Cancer drug repository" means a medical facility or pharmacy that has notified the board of its election to participate in the cancer drug repository program.

(e) "Cancer supply" or "supplies" means prescription and nonprescription cancer supplies needed to administer a cancer drug.

(f) "Dispense" has the meaning given in section 151.01, subdivision 30.

(g) "Distribute" means to deliver, other than by administering or dispensing.

(h) "Donor" means an individual and not a drug manufacturer or wholesale drug distributor who donates a cancer drug or supply according to the requirements of the cancer drug repository program.

(i) "Medical facility" means an institution defined in section 144.50, subdivision 2.

(j) "Medical supplies" means any prescription and nonprescription medical supply needed to administer a cancer drug.

(k) "Pharmacist" has the meaning given in section 151.01, subdivision 3.

(l) "Pharmacy" means any pharmacy registered with the Board of Pharmacy according to section 151.19, subdivision 1.

(m) "Practitioner" has the meaning given in section 151.01, subdivision 23.

(n) "Prescription drug" means a legend drug as defined in section 151.01, subdivision 17.

(o) "Side effects of cancer" means symptoms of cancer.

(p) "Single-unit-dose packaging" means a single-unit container for articles intended for administration as a single dose, direct from the container.

(q) "Tamper-evident unit dose packaging" means a container within which a drug is sealed so that the contents cannot be opened without obvious destruction of the seal.

Subd. 2.

Establishment.

The Board of Pharmacy shall establish and maintain a cancer drug repository program, under which any person may donate a cancer drug or supply for use by an individual who meets the eligibility criteria specified under subdivision 4. Under the program, donations may be made on the premises of a medical facility or pharmacy that elects to participate in the program and meets the requirements specified under subdivision 3.

Subd. 3.

Requirements for participation by pharmacies and medical facilities.

(a) To be eligible for participation in the cancer drug repository program, a pharmacy or medical facility must be licensed and in compliance with all applicable federal and state laws and administrative rules.

(b) Participation in the cancer drug repository program is voluntary. A pharmacy or medical facility may elect to participate in the cancer drug repository program by submitting the following information to the board, in a form provided by the board:

(1) the name, street address, and telephone number of the pharmacy or medical facility;

(2) the name and telephone number of a pharmacist who is employed by or under contract with the pharmacy or medical facility, or other contact person who is familiar with the pharmacy's or medical facility's participation in the cancer drug repository program; and

(3) a statement indicating that the pharmacy or medical facility meets the eligibility requirements under paragraph (a) and the chosen level of participation under paragraph (c).

(c) A pharmacy or medical facility may fully participate in the cancer drug repository program by accepting, storing, and dispensing or administering donated drugs and supplies, or may limit its participation to only accepting and storing donated drugs and supplies. If a pharmacy or facility chooses to limit its participation, the pharmacy or facility shall distribute any donated drugs to a fully participating cancer drug repository according to subdivision 8.

(d) A pharmacy or medical facility may withdraw from participation in the cancer drug repository program at any time upon notification to the board. A notice to withdraw from participation may be given by telephone or regular mail.

Subd. 4.

Individual eligibility requirements.

Any Minnesota resident who is diagnosed with cancer is eligible to receive drugs or supplies under the cancer drug repository program. Drugs and supplies shall be dispensed or administered according to the priority given under subdivision 6, paragraph (d).

Subd. 5.

Donations of cancer drugs and supplies.

(a) Any one of the following persons may donate legally obtained cancer drugs or supplies to a cancer drug repository, if the drugs or supplies meet the requirements under paragraph (b) or (c) as determined by a pharmacist who is employed by or under contract with a cancer drug repository:

(1) an individual who is 18 years old or older; or

(2) a pharmacy, medical facility, drug manufacturer, or wholesale drug distributor, if the donated drugs have not been previously dispensed.

(b) A cancer drug is eligible for donation under the cancer drug repository program only if the following requirements are met:

(1) the donation is accompanied by a cancer drug repository donor form described under paragraph (d) that is signed by the person making the donation or that person's authorized representative;

(2) the drug's expiration date is at least six months later than the date that the drug was donated;

(3) the drug is in its original, unopened, tamper-evident unit dose packaging that includes the drug's lot number and expiration date. Single-unit dose drugs may be accepted if the single-unit-dose packaging is unopened; and

(4) the drug is not adulterated or misbranded.

(c) Cancer supplies are eligible for donation under the cancer drug repository program only if the following requirements are met:

(1) the supplies are not adulterated or misbranded;

(2) the supplies are in their original, unopened, sealed packaging; and

(3) the donation is accompanied by a cancer drug repository donor form described under paragraph (d) that is signed by the person making the donation or that person's authorized representative.

(d) The cancer drug repository donor form must be provided by the board and shall state that to the best of the donor's knowledge the donated drug or supply has been properly stored and that the drug or supply has never been opened, used, tampered with, adulterated, or misbranded. The board shall make the cancer drug repository donor form available on the Board of Pharmacy's Web site.

(e) Controlled substances and drugs and supplies that do not meet the criteria under this subdivision are not eligible for donation or acceptance under the cancer drug repository program.

(f) Drugs and supplies may be donated on the premises of a cancer drug repository to a pharmacist designated by the repository. A drop box may not be used to deliver or accept donations.

(g) Cancer drugs and supplies donated under the cancer drug repository program must be stored in a secure storage area under environmental conditions appropriate for the drugs or supplies being stored. Donated drugs and supplies may not be stored with nondonated inventory.

Subd. 6.

Dispensing requirements.

(a) Drugs and supplies must be dispensed by a licensed pharmacist pursuant to a prescription by a practitioner or may be dispensed or administered by a practitioner according to the requirements of chapter 151 and within the practitioner's scope of practice.

(b) Cancer drugs and supplies shall be visually inspected by the pharmacist or practitioner before being dispensed or administered for adulteration, misbranding, and date of expiration. Drugs or supplies that have expired or appear upon visual inspection to be adulterated, misbranded, or tampered with in any way may not be dispensed or administered.

(c) Before a cancer drug or supply may be dispensed or administered to an individual, the individual must sign a cancer drug repository recipient form provided by the board acknowledging that the individual understands the information stated on the form. The form shall include the following information:

(1) that the drug or supply being dispensed or administered has been donated and may have been previously dispensed;

(2) that a visual inspection has been conducted by the pharmacist or practitioner to ensure that the drug has not expired, has not been adulterated or misbranded, and is in its original, unopened packaging; and

(3) that the dispensing pharmacist, the dispensing or administering practitioner, the cancer drug repository, the Board of Pharmacy, and any other participant of the cancer drug repository program cannot guarantee the safety of the drug or supply being dispensed or administered and that the pharmacist or practitioner has determined that the drug or supply is safe to dispense or administer based on the accuracy of the donor's form submitted with the donated drug or supply and the visual inspection required to be performed by the pharmacist or practitioner before dispensing or administering.

The board shall make the cancer drug repository form available on the Board of Pharmacy's Web site.

(d) Drugs and supplies shall only be dispensed or administered to individuals who meet the eligibility requirements in subdivision 4 and in the following order of priority:

(1) individuals who are uninsured;

(2) individuals who are enrolled in medical assistance, MinnesotaCare, Medicare, or other public assistance health care; and

(3) all other individuals who are otherwise eligible under subdivision 4 to receive drugs or supplies from a cancer drug repository.

Subd. 7.

Handling fees.

A cancer drug repository may charge the individual receiving a drug or supply a handling fee of no more than 250 percent of the medical assistance program dispensing fee for each cancer drug or supply dispensed or administered.

Subd. 8.

Distribution of donated cancer drugs and supplies.

(a) Cancer drug repositories may distribute drugs and supplies donated under the cancer drug repository program to other repositories if requested by a participating repository.

(b) A cancer drug repository that has elected not to dispense donated drugs or supplies shall distribute any donated drugs and supplies to a participating repository upon request of the repository.

(c) If a cancer drug repository distributes drugs or supplies under paragraph (a) or (b), the repository shall complete a cancer drug repository donor form provided by the board. The completed form and a copy of the donor form that was completed by the original donor under subdivision 5 shall be provided to the fully participating cancer drug repository at the time of distribution.

Subd. 9.

Resale of donated drugs or supplies.

Donated drugs and supplies may not be resold.

Subd. 10.

Record-keeping requirements.

(a) Cancer drug repository donor and recipient forms shall be maintained for at least five years.

(b) A record of destruction of donated drugs and supplies that are not dispensed under subdivision 6 shall be maintained by the dispensing repository for at least five years. For each drug or supply destroyed, the record shall include the following information:

(1) the date of destruction;

(2) the name, strength, and quantity of the cancer drug destroyed;

(3) the name of the person or firm that destroyed the drug; and

(4) the source of the drugs or supplies destroyed.

Subd. 11.

Liability.

(a) The manufacturer of a drug or supply is not subject to criminal or civil liability for injury, death, or loss to a person or to property for causes of action described in clauses (1) and (2). A manufacturer is not liable for:

(1) the intentional or unintentional alteration of the drug or supply by a party not under the control of the manufacturer; or

(2) the failure of a party not under the control of the manufacturer to transfer or communicate product or consumer information or the expiration date of the donated drug or supply.

(b) A medical facility or pharmacy participating in the program, a pharmacist dispensing a drug or supply pursuant to the program, a practitioner dispensing or administering a drug or supply pursuant to the program, or a donor of a cancer drug or supply as defined in subdivision 1 is immune from civil liability for an act or omission that causes injury to or the death of an individual to whom the cancer drug or supply is dispensed and no disciplinary action shall be taken against a pharmacist or practitioner so long as the drug or supply is donated, accepted, distributed, and dispensed according to the requirements of this section. This immunity does not apply if the act or omission involves reckless, wanton, or intentional misconduct, or malpractice unrelated to the quality of the cancer drug or supply.

168.013 VEHICLE REGISTRATION TAXES.

Subd. 21.

Technology surcharge.

For every vehicle registration renewal required under this chapter, the commissioner shall collect a surcharge of: (1) $1.75 until June 30, 2012; and (2) $1 from July 1, 2012, to June 30, 2016. Surcharges collected under this subdivision must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705.

214.075 HEALTH-RELATED LICENSING BOARDS; CRIMINAL BACKGROUND CHECKS.

Subd. 8.

Instructions to the board; plans.

The health-related licensing boards, in collaboration with the commissioner of human services and the BCA, shall establish a plan for completing criminal background checks of all licensees who were licensed before the effective date requirement under subdivision 1. The plan must seek to minimize duplication of requirements for background checks of licensed health professionals. The plan for background checks of current licensees shall be developed no later than January 1, 2017, and may be contingent upon the implementation of a system by the BCA or FBI in which any new crimes that an applicant or licensee commits after an initial background check are flagged in the BCA's or FBI's database and reported back to the board. The plan shall include recommendations for any necessary statutory changes.

221.161 SCHEDULE OF RATES AND CHARGES.

Subd. 2.

Hearing upon complaint.

Tariffs, supplements, and reissues must be prepared and filed in accordance with rules of the commissioner. Rates or charges, including pickup charges named therein, are subject to complaint to the commissioner by an interested party. The commissioner, after investigation by the department, by order on not less than ten days' notice, may assign the complaint for hearing, and if at the hearing, the complainant submits facts and evidence sufficient to establish proof that the rates or charges complained of are excessive or noncompensatory, the commissioner may order the rates or charges canceled, and require the filing of alternative and reasonable rates and charges, the reasonable level of which at that time must be indicated by the commissioner in the order.

Subd. 3.

Hearing upon petition by another carrier.

Upon the filing of a tariff or subsequent supplement or reissue, any other carrier has the right to petition the commissioner to suspend it from taking effect until opportunity is had for a hearing on the reasonableness of the rates or charges, and the commissioner may suspend the rates or charges if in its judgment the rates or charges complained of are so unreasonably low as to create destructive competitive practices among or jeopardize the economic position of competing carriers. In determining whether the rates or charges are excessive or noncompensatory, the commissioner shall include in consideration, among other things, the reasonable cost of the services rendered for the transportation, including a reasonable return on the money invested in the business and an adequate sum for maintenance and depreciation of the property used.

Subd. 4.

Hearing on merits of rates and charges.

The commissioner, (1) after a suspension and hearing upon a schedule of rates and charges, or upon complaint, or upon the commissioner's own initiative, either in extension of an existing complaint or without a complaint whatever, (2) after department investigation and petition, (3) upon notice to the permit carrier or tariff agent proposing, maintaining, or charging a schedule of rates and charges on a single group of related commodities, and (4) upon notice to the users of the service and competitive carriers by motor vehicle and rail, may assign for hearing the schedule of rates and charges proposed, maintained, or charged by any or all permit carriers. Upon a finding, after a hearing, that the schedule of rates and charges are unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial or otherwise in violation of this section, the commissioner may prescribe minimum rates and charges and the rates, rules, and practices thereafter to be maintained and applied by the permit carrier or tariff agent. In the hearing the burden of proof is upon the permit carrier or tariff agent whose schedules of rates and charges are under investigation to show that the schedules are not below a minimum reasonable level or are not noncompensatory.

222.47 CITATION.

Sections 222.46 to 222.54 may be cited as the "Minnesota Rail Service Improvement Act."

222.49 RAIL SERVICE IMPROVEMENT ACCOUNT; APPROPRIATION.

The rail service improvement account is created in the special revenue fund in the state treasury. The account consists of funds as provided by law, and any other money donated, allotted, transferred, or otherwise provided to the account, excluding bond proceeds as authorized by article XI, section 5, clause (i), of the Minnesota Constitution. All money so deposited is appropriated to the department for expenditure for rail service improvement in accordance with applicable state and federal law. This appropriation shall not lapse but shall be available until the purpose for which it was appropriated has been accomplished.

222.50 RAIL SERVICE IMPROVEMENT PROGRAM.

Subdivision 1.

Creation.

There is created the rail service improvement program to provide assistance for improvement of rail service in the state.

Subd. 6.

Grants.

The commissioner may approve grants from the rail service improvement account for freight rail service improvements that support economic development.

Subd. 7.

Expenditures.

(a) The commissioner may expend money from the rail service improvement account for the following purposes:

(1) to make transfers as provided under section 222.57 or to pay interest adjustments on loans guaranteed under the state rail user and rail carrier loan guarantee program;

(2) to pay a portion of the costs of capital improvement projects designed to improve rail service of a rail user or a rail carrier;

(3) to pay a portion of the costs of rehabilitation projects designed to improve rail service of a rail user or a rail carrier;

(4) to acquire, maintain, manage, and dispose of railroad right-of-way pursuant to the state rail bank program;

(5) to provide for aerial photography survey of proposed and abandoned railroad tracks for the purpose of recording and reestablishing by analytical triangulation the existing alignment of the inplace track;

(6) to pay a portion of the costs of acquiring a rail line by a regional railroad authority established pursuant to chapter 398A;

(7) to pay the state matching portion of federal grants for rail-highway grade crossing improvement projects;

(8) for expenditures made before July 1, 2017, to pay the state matching portion of grants under the federal Transportation Investment Generating Economic Recovery (TIGER) program of the United States Department of Transportation;

(9) to fund rail planning studies; and

(10) to pay a portion of the costs of capital improvement projects designed to improve capacity or safety at rail yards.

(b) All money derived by the commissioner from the disposition of railroad right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall be deposited in the rail service improvement account.

222.51 PARTICIPATION BY POLITICAL SUBDIVISION.

The governing body of any political subdivision of the state may, with the approval of the commissioner, appropriate money for rail service improvement and may participate in the state rail service improvement program and federal rail programs.

256.021 VULNERABLE ADULT MALTREATMENT REVIEW PANEL.

Subdivision 1.

Creation.

(a) The commissioner of human services shall establish a review panel for purposes of reviewing lead investigative agency determinations regarding maltreatment of a vulnerable adult in response to requests received under section 626.557, subdivision 9d, paragraph (b). The panel shall hold quarterly meetings for purposes of conducting reviews under this section.

(b) The review panel consists of:

(1) the commissioners of health and human services or their designees;

(2) the ombudsman for long-term care and ombudsman for mental health and developmental disabilities, or their designees;

(3) a member of the board on aging, appointed by the board; and

(4) a representative from the county human services administrators appointed by the commissioner of human services or the administrator's designee.

Subd. 2.

Review procedure.

(a) If a vulnerable adult or an interested person acting on behalf of the vulnerable adult requests a review under this section, the panel shall review the request at its next quarterly meeting. If the next quarterly meeting is within ten days of the panel's receipt of the request for review, the review may be delayed until the next subsequent meeting. The panel shall review the request and the investigation memorandum and may review any other data on the investigation maintained by the lead investigative agency that are pertinent and necessary to its review of the final disposition. If more than one person requests a review under this section with respect to the same final disposition, the review panel shall combine the requests into one review. The panel shall submit its written request for the case file and other documentation relevant to the review to the supervisor of the investigator conducting the investigation under review.

(b) Within 30 days of the review under this section, the panel shall notify the director or manager of the lead investigative agency and the vulnerable adult or interested person who requested the review as to whether the panel concurs with the final disposition or whether the lead investigative agency must reconsider the final disposition. If the panel determines that the lead investigative agency must reconsider the final disposition, the panel must make specific recommendations to the director or manager of the lead investigative agency. The recommendation must include an explanation of the factors that form the basis of the recommendation to reconsider the final disposition and must specifically identify the disputed facts, the disputed application of maltreatment definitions, the disputed application of responsibility for maltreatment, and the disputed weighing of evidence, whichever apply. Within 30 days the lead investigative agency shall conduct a review and report back to the panel with its determination and the specific rationale for its final disposition. At a minimum, the specific rationale must include a detailed response to each of the factors identified by the panel that formed the basis for the recommendations of the panel.

(c) Upon receiving the report of reconsideration from the lead investigative agency, the panel shall communicate the decision in writing to the vulnerable adult or interested person acting on behalf of the vulnerable adult who requested the review. The panel shall include the specific rationale provided by the lead investigative agency as part of the communication.

Subd. 3.

Report.

By January 15 of each year, the panel shall submit a report to the committees of the legislature with jurisdiction over section 626.557 regarding the number of requests for review it receives under this section, the number of cases where the panel requires the lead investigative agency to reconsider its final disposition, and the number of cases where the final disposition is changed, and any recommendations to improve the review or investigative process.

Subd. 4.

Data.

Data of the review panel created or received as part of a review under this section are private data on individuals as defined in section 13.02.

256B.0705 PERSONAL CARE ASSISTANCE SERVICES; MANDATED SERVICE VERIFICATION.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have the meanings given them.

(b) "Personal care assistance services" or "PCA services" means services provided according to section 256B.0659.

(c) "Personal care assistant" or "PCA" has the meaning given in section 256B.0659, subdivision 1.

(d) "Service verification" means a random, unscheduled telephone call made for the purpose of verifying that the individual personal care assistant is present at the location where personal care assistance services are being provided and is providing services as scheduled.

Subd. 2.

Verification schedule.

An agency that submits claims for reimbursement for PCA services under this chapter must develop and implement administrative policies and procedures by which the agency verifies the services provided by a PCA. For each service recipient, the agency must conduct at least one service verification every 90 days. If more than one PCA provides services to a single service recipient, the agency must conduct a service verification for each PCA providing services before conducting a service verification for a PCA whose services were previously verified by the agency. Service verification must occur on an ongoing basis while the agency provides PCA services to the recipient. During service verification, the agency must speak with both the PCA and the service recipient or recipient's authorized representative. Only qualified professional service verifications are eligible for reimbursement. An agency may substitute a visit by a qualified professional that is eligible for reimbursement under section 256B.0659, subdivision 14 or 19.

Subd. 3.

Documentation of verification.

An agency must fully document service verifications in a legible manner and must maintain the documentation on site for at least five years from the date of documentation. For each service verification, documentation must include:

(1) the names and signatures of the service recipient or recipient's authorized representative, the PCA and any other agency staff present with the PCA during the service verification, and the staff person conducting the service verification; and

(2) the start and end time, day, month, and year of the service verification, and the corresponding PCA time sheet.

Subd. 4.

Variance.

The Office of Inspector General at the Department of Human Services may grant a variance to the service verification requirements in this section if an agency uses an electronic monitoring system or other methods that verify a PCA is present at the location where services are provided and is providing services according to the prescribed schedule. A decision to grant or deny a variance request is final and not subject to appeal under chapter 14.

360.063 AIRPORT ZONING; AUTHORITY, PROCEDURE.

Subd. 4.

Airport approach.

The commissioner may recommend an airport approach plan for each publicly owned airport in the state and for each privately owned airport of the publicly owned class and from time to time recommend revisions of the plan. A plan shall indicate the circumstances in which structures or trees are or would be airport hazards, the airport hazard area, and what measures should be taken to eliminate airport hazards. The commissioner shall prescribe airport approach and turning standards for airports of various classes, and airport zoning regulations adopted by a municipality, county, or joint airport zoning board shall conform to the standards, except as provided in sections 360.065 and 360.066.

360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED REGULATIONS.

Subd. 2.

Regulations submitted to commissioner.

Prior to adopting zoning regulations for an airport hazard area under sections 360.011 to 360.076, the municipality, county, or joint airport zoning board which is to adopt the regulations shall submit its proposed regulations to the commissioner in order that the commissioner may determine whether it conforms to the standards prescribed by the commissioner. The commissioner shall immediately examine the proposed regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval, or objections, if any. If objections are made by the commissioner on the ground that the regulations do not conform to the standards prescribed by the commissioner for the class of airport involved, the municipality, county, or joint zoning board shall make amendments as are necessary to meet the objections unless it demonstrates that the social and economic costs of restricting land uses in accordance with the standards outweigh the benefits of a strict application of the standards. The governing body of the municipality or county or the joint airport zoning board shall not adopt the regulations or take other action until the proposed regulations are approved by the commissioner. The commissioner may approve local zoning ordinances that are more stringent than the standards. A copy of the regulations as adopted shall be filed with the county recorder in each county in which the zoned area is located.

Substantive rights existing prior to the passage of this subdivision and previously exercised are not affected by the filing of the regulations.

360.066 AIRPORT ZONING; MINIMUM STANDARDS, LAND USES.

Subd. 1a.

Protection of existing neighborhood.

(a) In order to ensure the minimum disruption of existing land uses, particularly established residential neighborhoods in built-up urban areas, the airport zoning standards of the commissioner and the local airport zoning ordinances or regulations adopted under sections 360.061 to 360.074 shall distinguish between the creation or establishment of a use and the elimination of an existing use, and shall avoid the elimination, removal, or reclassification of existing uses to the extent consistent with reasonable standards of safety. The standards of the commissioner shall include criteria for determining when an existing land use may constitute an airport hazard so severe that considerations of public safety outweigh the public interest in preventing disruption to that land use.

(b) No airport zoning standards or local airport zoning ordinances or regulations shall be adopted pursuant to sections 360.061 to 360.074 that classify as a nonconforming use or require such classification with respect to any low-density residential structure or isolated low-density residential building lots existing on January 1, 1978 in an established residential neighborhood.

(c) A local airport zoning authority may classify a land use described in paragraph (b) as an airport hazard if that authority finds that this classification is justified by considerations of public safety and is consistent with the airport zoning standards of the commissioner. Any land use described in paragraph (b) which is classified as an airport hazard shall be acquired, altered, or removed at public expense.

(d) The provisions of this subdivision shall not be construed to affect the classification of any land use under any zoning ordinances or regulations not adopted pursuant to sections 360.061 to 360.074.

Subd. 1b.

Amendment of standards.

Within nine months after March 29, 1978, the commissioner shall amend the standards defining airport hazard areas and categories of uses permitted therein to conform with the requirements of Laws 1978, chapter 654. Until the commissioner adopts amended standards as required by this subdivision the unamended standards, insofar as they require classification of any residential property as a nonconforming use contrary to the provisions of subdivision 1a, paragraph (b), shall be without force or effect.