HF 3550

as introduced - 89th Legislature (2015 - 2016) Posted on 03/29/2016 11:17am

A bill for an act
relating to veterans; providing an interim housing facility for certain veterans;
appropriating money; amending Minnesota Statutes 2014, sections 198.001, by
adding subdivisions; 198.003, subdivisions 1, 3, 7; 198.007; 198.022; 198.045;
198.05; 198.075; 198.16; 198.23; 198.231; 198.261; 198.265; 198.266; 198.33;
198.34; Minnesota Statutes 2015 Supplement, section 198.01; proposing coding
for new law in Minnesota Statutes, chapter 198.

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

Section 1.

Minnesota Statutes 2014, section 198.001, is amended by adding a
subdivision to read:

Subd. 2a.

Client.

"Client" means a person admitted to reside at an interim housing
facility.

Sec. 2.

Minnesota Statutes 2014, section 198.001, is amended by adding a subdivision
to read:

Subd. 8a.

Interim housing facility.

"Interim housing facility" means a facility for
housing veterans who are on a waiting list for residency at a home until space is available
at a home.

Sec. 3.

Minnesota Statutes 2014, section 198.003, subdivision 1, is amended to read:

Subdivision 1.

Policy; rules.

The commissioner shall determine policy and, subject
to chapter 14, adopt, amend, and repeal rules for the governance of the homes and interim
housing facilities. With respect to residents' and clients' administrative appeal time periods
that are not established by statute, the commissioner may create by rule reasonable time
periods within which a resident or client must appeal an administrative determination to
the next administrative level. If the determination is not appealed within the time set
by rule, the determination becomes final.

The commissioner shall take other action as provided by law.

Sec. 4.

Minnesota Statutes 2014, section 198.003, subdivision 3, is amended to read:

Subd. 3.

Use of campus.

The commissioner may allow veterans organizations or
public or private social service, educational, or rehabilitation agencies or organizations
and their clients the people they represent to use surplus space on a home's campus of a
home or interim housing facility, staff, and other resources of the commissioner and may
require the participating agencies or organizations to pay for that use.

Sec. 5.

Minnesota Statutes 2014, section 198.003, subdivision 7, is amended to read:

Subd. 7.

Use of Medicare Part D for pharmacy costs.

(a) The commissioner shall
maximize the use of Medicare Part D to pay pharmacy costs for eligible veterans residing
at the veterans homes and interim housing facilities.

(b) The commissioner shall encourage eligible veterans to participate in the
Medicare Part D program and assist veterans in obtaining Medicare Part D coverage.

(c) The commissioner shall take any necessary steps to prevent an eligible veteran
participating in Medicare Part D from receiving fewer benefits under Medicare Part D
than they would have received under their existing Veterans Administration benefits.

Sec. 6.

Minnesota Statutes 2014, section 198.007, is amended to read:

198.007 QUALITY ASSURANCE.

Each home and interim housing facility shall have a utilization review committee
comprised of the appropriate professionals employed by or under contract to the home or
interim housing facility. The committee shall use a patient classification system approved
by the commissioner to assess the appropriateness and quality of care and services
provided residents of the homes and interim housing facilities.

Each home and interim housing facility shall have an admissions committee
comprised of the appropriate professionals employed by or under contract to each home
and interim housing facility and adopt a preadmission screening program for all applicants
for admission to the homes and interim housing facilities who may require nursing or
boarding care, taking into account the eligibility requirements in section 198.022, the
admissions criteria established by rules adopted under this chapter, and the availability of
space in the homes and interim housing facilities.

Sec. 7.

Minnesota Statutes 2015 Supplement, section 198.01, is amended to read:

198.01 VETERANS HOME; INTERIM HOUSING FACILITY; ELIGIBILITY
OF VETERANS.

The Minnesota veterans homes and interim housing facilities shall provide nursing
care and related health and social services for veterans and their spouses who meet
eligibility and admission requirements of the Minnesota veterans homes and interim
housing facilities. The commissioner may not close a veterans home unless closure of the
home is specifically authorized or required by a law enacted after July 1, 2015. The word
"veteran" as used in this section has the meaning provided in section 197.447.

Sec. 8.

Minnesota Statutes 2014, section 198.022, is amended to read:

198.022 ELIGIBILITY OF SPOUSES AND SURVIVING SPOUSES.

The commissioner is authorized to admit eligible spouses of those veterans who are
or if living would be, eligible for admission to the homes and interim housing facilities.

(1) Except as provided in section 198.03, all applicants for admission to one of the
Minnesota veterans homes and interim housing facilities must be without adequate means
of support and unable by reason of wounds, disease, old age, or infirmity to properly
maintain themselves.

(2) Veterans must have served in a Minnesota regiment or have been credited to the
state of Minnesota, or have been a resident of the state in accordance with rules adopted
under this chapter preceding the date of application for admission.

(3) Spouses and surviving spouses of eligible veterans must be at least 55 years of
age, have been residents of the state of Minnesota in accordance with rules adopted under
this chapter preceding the date of application for admission, and meet the criteria for
admission to a home or interim housing facility established in the rules of the home or
interim housing facility in accordance with this chapter and the applicable statutes and
rules of the Department of Health.

Sec. 9.

Minnesota Statutes 2014, section 198.045, is amended to read:

198.045 REMOVAL.

If a resident or client who is ordered discharged from a home or interim housing
facility refuses to leave the home or interim housing facility, the administrator of the
home or interim housing facility may apply to the district court for an order enforcing the
administrative order of discharge. The district court shall order the sheriff of the county
in which the home or interim housing facility is located to remove the resident or client
from the home or interim housing facility and authorize the administrator to remove
the resident's or client's property from the resident's or client's room and hold it until it
can be returned to the resident or client.

Sec. 10.

Minnesota Statutes 2014, section 198.05, is amended to read:

198.05 NEW BUILDINGS.

The Department of Administration shall have and exercise full authority in the
erection and construction of new buildings at the veterans homes and interim housing
facilities. When new buildings are to be erected and constructed by authority of the state
or old buildings to be remodeled it shall be the duty of the Department of Administration
to cause to be prepared plans and specifications for the same, but in so doing it shall
consult with the commissioner in respect to these plans and specifications and shall adopt
and carry out, so far as it deems practicable, their requests and desires in the matter.

Sec. 11.

Minnesota Statutes 2014, section 198.075, is amended to read:

198.075 EMPLOYEES OF MINNESOTA VETERANS HOME EMPLOYEES
HOMES AND INTERIM HOUSING FACILITIES; EXCLUDED FROM
COMMISSARY PRIVILEGES.

Except as provided in this section, no commissary privileges including food, laundry
service, janitorial service, and household supplies shall be furnished to any employee
of the Minnesota veterans homes or interim housing facilities. An employee of the
Minnesota veterans homes or interim housing facilities who works a second shift that is
consecutive with a regularly scheduled shift may be allowed one free meal at the veterans
home or interim housing facility on the day of that extra shift.

Sec. 12.

Minnesota Statutes 2014, section 198.16, is amended to read:

198.16 PLANNED GIVING.

The commissioner is authorized to accept on behalf of the state any gift, grant,
bequest, or devise made for the purposes of this chapter, and administer the same as
directed by the donor. All proceeds therefrom including money derived from the sale of
any real or personal property must be deposited in the state treasury, invested by the State
Board of Investment in accordance with sections 11A.24 and 11A.25, and credited to the
Minnesota veterans home endowment, bequest, and devises fund. That fund consists of
separate accounts for investing general and restricted gifts, money, and donations received
and for any currently expendable proceeds.

The commissioner shall maintain records of all gifts received, clearly showing
the identity of the donor, the purpose of the donation, and the ultimate disposition of
the donation. Each donation must be duly receipted and must be expended or used
by the commissioner as nearly in accordance with the condition of the gift or donation
as is compatible with the best interests of the residents of the homes and clients of the
interim housing facilities. Money in the fund is appropriated to the commissioner for the
purposes for which it was received. Disbursements from this fund shall be made in the
manner provided for the issuance of other state warrants.

Whenever the commissioner shall deem it advisable, in accordance with law, to sell
or otherwise dispose of any real or personal property thus acquired, the commissioner of
administration upon the request of the commissioner shall sell or otherwise dispose of
said property in the manner provided by law for the sale or disposition of other state
property by the commissioner of administration.

Sec. 13.

Minnesota Statutes 2014, section 198.23, is amended to read:

198.23 PERSONAL PROPERTY OF RESIDENTS; WILLS.

Upon the decease of any resident of the homes or client of the interim housing
facilities, the commissioner shall cause such of the resident's or client's personal estate
as may be left in the resident's or client's possession to be disposed of pursuant to the
resident's will, if any. All property of the deceased resident of the home or client of the
interim housing facility not so bequeathed by will, and remaining at a home or interim
housing facility, unclaimed, for one year after the resident's death, shall be inventoried,
appraised, and sold, and the proceeds thereof paid into the state treasury to the credit of
the Minnesota veterans homes endowment, bequest and devises fund.

Sec. 14.

Minnesota Statutes 2014, section 198.231, is amended to read:

198.231 PERSONAL PROPERTY OF DISCHARGED RESIDENTS.

Personal property of discharged residents of the veterans homes or clients of the
interim housing facilities that remains unclaimed for one year after discharge may be
inventoried, appraised, and sold. The proceeds from the sale must be deposited into the
state treasury. Proceeds from the sale of personal property and any funds held on behalf of
the resident or client in the member's depository accounts must be credited to a separate
state account and disposed of in accordance with sections 345.41 to 345.43.

Sec. 15.

Minnesota Statutes 2014, section 198.261, is amended to read:

198.261 CANTEEN, COFFEE SHOP, WOOD SHOP, AND OTHER WORK
THERAPY PROGRAMS.

Any profits derived from the operation of canteens, coffee shops, wood shops, and
other work therapy programs at the Minnesota veterans homes or interim housing facilities
shall be used by the commissioner only for the direct benefit of the residents of the homes
or clients of the interim housing facilities.

Sec. 16.

Minnesota Statutes 2014, section 198.265, is amended to read:

198.265 DEPOSIT ACCOUNTS.

The commissioner may accept money from residents or clients for safekeeping
purposes to be returned to the residents or clients on demand. Sufficient money must be
retained at the homes and interim housing facilities to satisfy normal demand withdrawal
requests of the residents and other anticipated needs. Residents' or clients' accounts must
be deposited and maintained in the state treasury in a separate interest-bearing investment
account provided by the commissioner of management and budget, which must be
invested by the State Board of Investment in accordance with sections 11A.24 and 11A.25.
Residents' and clients' money on deposit at the homes or interim housing facilities may be
placed in a depository account only after the resident or, resident's representative, client,
or client's representative has signed an agreement that the resident or client is willing to
have the money in an account maintained by the homes or interim housing facilities.

Residents' and clients' accounts of $100 or more must be credited with interest
earned from the investment of resident and client accounts. Interest must be credited to
each resident's or client's account on a quarterly basis. The commissioner is not required
to pay interest on any resident or client accounts less than $100.

There is annually appropriated from the account established by this section a
sufficient amount to return to the Minnesota veterans homes and interim housing facilities,
upon written request, sufficient money to satisfy the demand of residents and clients for
the return of their money and other requirements.

Sec. 17.

Minnesota Statutes 2014, section 198.266, is amended to read:

198.266 IMPREST CASH FUNDS.

The commissioner may establish an imprest cash fund in accordance with section
15.191, subdivision 2. The purpose of the fund is to maintain sufficient money to satisfy
normal demand withdrawal requests from residents of the veterans homes and clients of
the interim housing facilities as provided for in section 198.265. The fund may also be
utilized for the payment of costs for residents and clients to participate in on campus
work therapy programs.

Sec. 18.

Minnesota Statutes 2014, section 198.33, is amended to read:

198.33 PRIVACY OF RESIDENTS AND CLIENTS; SEARCH AND SEIZURE
LIMITED TO CRIMINAL WARRANT.

Subdivision 1.

Searches prohibited.

Residents of the Minnesota veterans homes
and clients of the interim housing facilities have the right to a legitimate expectation of
privacy in their persons and property against unreasonable searches and seizures. A search
of a resident's or client's room or property may be conducted only when necessary to
protect the residents and clients from weapons, illegal drugs, or alcohol, if possession is
prohibited by the commissioner, and is subject to the following:

(a) Prior to conducting a search of a resident's or client's room or property, the
administrator or the administrator's designee shall provide written authorization to conduct
the search. This authorization must identify the resident or client whose room or property
is to be searched, state the nature of the risk to the health or safety of that resident, client,
or to other individuals in the home or interim housing facility, set forth the facts which
establish that the risk exists and the source of those facts, and particularly describe the area
to be searched and the property to be seized. A separate authorization must be completed
for each resident and client whose room or property is to be searched.

(b) The resident or client shall be informed of the reasons necessitating a search of
the room or property and shall be present during the conduct of the search if the resident
or client requests to be present. A copy of the written authorization to conduct the search
must be given to the resident or client.

(c) If property or other items are taken, a written receipt describing the property or
items taken must be given to the resident or client.

(d) The provisions of this section do not restrict the entry by employees of the home
or interim housing facility into a resident's or client's room or into areas where the personal
possessions of residents and clients are stored for the purpose of providing care or services
to the resident and client or for housekeeping and maintenance purposes. The provisions
of this section do not apply to inspections conducted by governmental agencies for the
purpose of assessing compliance with state or federal laws and regulations.

(e) Unauthorized searches or seizures by employees of the Minnesota veterans
homes and interim housing facilities may be grounds for dismissal.

Subd. 2.

Waiver prohibited.

The Minnesota veterans homes and interim housing
facilities may not require a resident or client to waive protection against unreasonable
searches and seizures as a condition of eligibility for admission or continuing residence
at a home or interim housing facility. A search conducted under a waiver obtained in
violation of this section is an unlawful search and seizure and the person aggrieved may
move the district court for return of the property under section 626.21.

Sec. 19.

Minnesota Statutes 2014, section 198.34, is amended to read:

198.34 DEPOSIT OF RECEIPTS.

Federal money received by the commissioner for the care of veterans in a veterans
home and interim housing facility must be deposited into a dedicated account in the state
treasury and is appropriated to the commissioner for the operational needs of the veterans
homes, interim housing facilities, and the commissioner. Money paid to the commissioner
by a veteran or by another person on behalf of a veteran for care in a veterans home or
interim housing facility must be deposited in the state treasury in a dedicated account and
is appropriated to the commissioner for the operational needs of the veterans homes,
interim housing facilities, and the commissioner.

Sec. 20.

[198.40] INTERIM HOUSING OPERATION; REPORTING; AUDITS.

The commissioner of veterans affairs may contract with the Minnesota Veterans
Housing Corporation to manage and operate a housing facility for disabled veterans who are
on the commissioner's waiting list for a bed in a state-operated veterans home. The facility
must be operated on a nonprofit basis. The Minnesota Veterans Housing Corporation must
report annually on its finances, including operational expenses and revenues, and must
permit the commissioner of veterans affairs to inspect and audit its accounting records as
they pertain to the interim veterans housing facility at any time without notice.

Sec. 21.

INTERIM HOUSING FOR DISABLED VETERANS.

Subdivision 1.

Land transfer.

The commissioner of transportation shall convey
to the commissioner of veterans affairs for no consideration the land described in
subdivision 2 for the purpose of constructing and operating an interim housing facility for
disabled veterans who are waiting for a residency in a state-operated veterans home. The
conveyance must be in a form approved by the attorney general. The attorney general may
make changes to the land description to correct errors and ensure accuracy.

Subd. 2.

Property description.

The land to be transferred under subdivision 1 is
located in Minneapolis and is described as a triangular parcel bounded by 42nd Street East
on the west, 32nd Avenue South on the north, and Hiawatha Avenue on the south and east.

Sec. 22. APPROPRIATION.

$....... in fiscal year 2017 is appropriated from the general fund to the commissioner
of administration to design and construct an interim housing facility on the property
described under section 21, for the purposes set forth in Minnesota Statutes, section 198.40.