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HF 3795

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 04/30/2018 04:23pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to transportation; authorizing data sharing between the Department of
Human Services and the Metropolitan Council for special transportation purposes;
extending the Metro Mobility service area; amending Minnesota Statutes 2016,
sections 13.461, by adding a subdivision; 13.72, subdivision 10; 473.386,
subdivision 3, by adding a subdivision.

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

Section 1.

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 for purposes of
administering and coordinating transportation services for disabled 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. 2.

Minnesota Statutes 2016, section 13.72, subdivision 10, is amended to read:


Subd. 10.

Transportation service data.

new text begin (a) new text end Personal, medical, financial, familial, or
locational information data pertaining to applicants for or users of services providing
transportation for deleted text begin thedeleted text end disabled or elderly new text begin individuals new text end are privatenew text begin data on individualsnew text end .

new text begin (b) Private transportation service data may be disclosed between the commissioner of
human services and the Metropolitan Council for purposes of administering and coordinating
human services programs and transportation services for disabled 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. 3.

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 programnew 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. 4.

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 for the purposes of informing 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. 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