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Minnesota Legislature

Office of the Revisor of Statutes

HF 3296

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 04/30/2018 10:44am

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

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; modifying statutory provisions governing vulnerable
adults and reporting maltreatment; amending Minnesota Statutes 2016, sections
144.651, subdivision 14; 144A.53, subdivision 4; 609.2231, subdivision 8; 626.557,
subdivisions 3, 4, 9, 9a, 9b, 9c.

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

Section 1.

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. 2.

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, residential care home, deleted text beginordeleted 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. 3.

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 offenses
committed on or after that date.
new text end

Sec. 4.

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. 5.

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. 6.

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. 7.

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. 8.

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. 9.

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.